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HomeMy WebLinkAbout12-03-2009 Charter PacketLINO LAKES CHARTER COMMISSION Special Meeting AGENDA Thursday, December 3, 2009 7:00 PM 1. Call to Order and Roll Call 7:00 PM 2. Pledge of Allegiance 7:01 PM 3. Open Mike / Public Comment 7:03 PM 4. Approval of Minutes: 7:05 PM October 8, 2009 5. Old Business A. Code of Conduct 7:10 PM 6. New Business A. Set Agenda for Next Meeting: Thursday, January 14, 2010 Adjournment 8:30 PM Caroline Dahl Melissa Stockman Maher Kelly Gunderson Chair Vice Chair Secretary CHAPTER 204 CODE OF CONDUCT Section 204A.01 Procedures 204A.02 Disclosure 204A.03 Removal of influence 204A.04 Representation of interested party 204A.05 City employment 204A.06 Removal from office § 204A.01 PROCEDURES. Any elected official, city employee or agent appointed by the City Council, or any member of a committee or commission who has been appointed by the City Council or Mayor, who in the discharge of their official duties, would be required to take action or make a decision which could substantially affect the official's financial interest, or those of an associated business, unless the effect on the official is no greater than that on any other members of the official's business classification, profession or occupation, shall take the following action. (Prior Code, § 204A.01) (Ord. 14-95, passed 9-11-1995) § 204A.02 DISCLOSURE. Disclosure to the Council or chairperson, and other members of the commission of which they are a member, their participation in the matter, prior to the time the matter is considered by the Council, committee, or commission. (Prior Code, § 204A.02) (Ord. 14-95, passed 9-11-1995) § 204A.03 REMOVAL OF INFLUENCE. Remove themselves in the manner prescribed by the Council, or the chairperson of the committee or commission of which they are a member, from any consideration or influence over the action and decision in question. (Prior Code, § 204A.03) (Ord. 14-95, passed 9-11-1995) 1 § 204A.04 REPRESENTATION OF INTERESTED PARTY. Not appear before the Council or committee or commission of which they are a member, on their own behalf, or as a representative for any other person, firm, corporation, partnership, or association, operated either for profit or non-profit. (Prior Code, § 204A.04) (Ord. 14-95, passed 9-11-1995) § 204A.05 CITY EMPLOYMENT. No member of the City Council shall accept any employment, except as a Council member, with the city. (Prior Code, § 204A.05) (Ord. 14-95, passed 9-11-1995) § 204A.06 REMOVAL FROM OFFICE. Any officer, employee, agent member of a committee or commission who intentionally violates the provisions for this section can be removed as an officer, employee, agent, or member of a committee or commission by a majority action of the entire City Council, after a hearing held by the Council, pursuant to written charges, and at least 10 days personal notice, or in the event the individual cannot be served after due diligence, by 10 days published notice, or both. (Prior Code, § 204A.06) (Ord. 14-95, passed 9-11-1995; Am. Ord. passed 10- -1995) 2 SECTION XXX CODE OF CONDUCT. XXX.XXX. Purpose. The city council of the city of Lino Lakes confirms its determination that standards of professionalism, ethics, and will of the people be adhered to among its members, as well as appointed and hired officials and employees of the City. The standards of conduct set forth below are intended to serve as a guideline for the members of the city council and others in carrying out their duties, as referenced in the Lino Lakes City Charter, Chapter XII, Section 12.03, Code of Conduct. By eliminating conflicts of interest and providing a guide for conduct in city matters, the city council upholds that it is essential that the public have trust and confidence in the integrity and transparency, and to encourage its citizens to serve on its council and commissions. The residents and businesses of Lino Lakes are entitled to have fair, ethical and accountable local government. Such a government requires that public officials: • Comply with both the letter and the spirit of the laws and policies affecting operations of the government. • Be independent, impartial and fair in their judgment and actions. • Use their public office or position for the public good, not for personal gain. • Conduct public deliberations and processes openly, unless legally confidential, in an atmosphere of respect and civility. XXX.XXX. Standards of Conduct. 1. Act in the Public Interest Recognizing that stewardship of the public interest must be their primary concern, council members shall work for the common good of the people of Lino Lakes and not for any private or personal interest, and they will endeavor to treat all persons, claims and transactions in a fair and equitable manner. 2. Comply with the Law Council members shall comply with the laws of the nation, the State of Minnesota and the City in the performance of their public duties. These laws include, but are not limited to: the United States and Minnesota constitutions; the Lino Lakes City Charter; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities and open processes of government; and City ordinances and policies. 3. Conduct of Members Council members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the City council, boards, commissions, committees, staff or the public. Council members shall support the maintenance of a positive and constructive environment for residents, businesses and City employees. 4. Conduct of Public Meetings Council members shall inform themselves of public issues, listen attentively to public discussions before the body and focus on the business at hand. Council decisions shall be based upon the merits and substance of the matter at hand. 5. Compensation or Reimbursement A council member or member of any board or commission may accept compensation or expense reimbursement for the performance of the person's public duties only from the sources listed below. A council member or member of any board or commission must not solicit or accept, and a person must not offer or pay to a public official or employee, compensation or expense reimbursement for the performance of the person's public duties from any source other than: a. compensation and expenses paid by the city; b. compensation and expenses from other employment, if the person happens to conduct public business while being paid for the other employment and if the other employment does not interfere with, influence, or compromise the person's public position; and c. compensation and expenses paid by another governmental agency or municipal association to a council member or member of a board or commission who serves as a city representative for that agency, but only if the city does not also pay the person for the same activity. 6. Contract or Proprietary Interest A council member or member of any board or commission must not enter into a contract with the city of Lino Lakes, unless authorized by law. A council member or member of a board or commission who has a proprietary interest of 10 percent or more in an agency doing business with the city must make known that interest in writing to the city council and the city clerk. 7. Public Data Disclosure and Privacy A council member or member of a board or commission must not disclose to the public, or use for the private gain of self or others, information that was gained by reason of the official's public position and that is not public data. Further, a council member or member of a board or commission must not disclose information received, discussed, or decided in conference with the council's or board's attorney that is protected by the attorney/client privilege, unless a majority of the council or board has authorized that disclosure. It is the responsibility of council members or member of a board or commission to publicly share substantive information that is relevant to a matter under consideration that they have received from sources outside of the public decision-making process with all other Council members or member of a board or commission. Council members or member of a board or commission shall respect and preserve the confidentiality of information provided to them concerning the confidential matters of the City. They shall neither disclose confidential information without proper legal authorization nor use such information to advance their personal, financial or private interests. 8. Coordination with City Staff Appropriate City staff should be involved when council members or member of a board or commission meet with officials from other agencies and jurisdictions to ensure proper staff support as needed and to keep staff informed. 9. Conflict of Interest In order to assure their independence and impartiality on behalf of the public good, council members or member of a board or commission shall not use their official positions to influence government decisions in which they have a financial interest or where they have an organizational responsibility or a personal relationship that would present a conflict of interest under applicable State law. Except as permitted by law, a council member or member of a board or commission must disclose a potential conflict of interest for the public record and refrain from participating in the discussion and vote, when a matter comes before that person that: a. affects the person's financial interests or those of a business with which the person is associated, unless the effect on the person or business is no greater than on other members of the same business classification, profession or occupation; or b. affects the financial interests of an organization in which the person participates as a member of the governing body, unless the person serves in that capacity as the city's representative. 10. Gifts and Favors Council members or member of any board or commission shall not take advantage of services or opportunities for personal gain by virtue of their public offices that are not available to the public in general. They shall refrain from accepting gifts, favors or promises of future benefits that might compromise their independence of judgment or action or give the appearance of being compromised as prohibited by state law. 11. Use of Public Resources A council member or member of any board or commission must not use public money, time, personnel, facilities, or equipment for private gain or political campaign activities except when: a. the use is required or authorized by law; or b. the use is no greater than that allowed for members of the general public. This paragraph does not prohibit correspondence at any time to individual residents in response to the resident's specific inquiries, or general surveys of residents that are conducted before the time of filing for candidacy for elective office. 12a. Representation of Private Interests In keeping with their role as stewards of the public trust, council members or member of a board or commission shall not appear on behalf of the private interests of a third -party before the City council or any board, commission or committee or proceeding of the City. 12b. Advocacy To the best of their ability, council members or member of a board or commission shall represent the official policies and positions of the body. When presenting their personal opinions or positions, members shall explicitly state that they do not represent the council or the City. A council member or member of a board or commission must not act as an agent or attorney for another before the city council or a board or commission in a matter where a conflict of interest exists or may exist. 13. Improper Influence A council member or member of any board or commission must not use the official position to secure special privileges or exemptions for the person or others. Council members shall refrain from using their position to improperly influence the deliberations or decisions of City staff, boards, commissions or committees. 14. Intentional Violation of Provisions A council member or member of any board or commission must not intentionally violate a provision of the city charter or the city ordinances. Council members shall respect and adhere to the council -Administrator structure of Lino Lakes City government as provided in State law and the City Charter. XXX.XXX Implementation City council members shall sign this personal code of conduct at the first council meeting in January each year as a symbol of each council member's continuing commitment to abide by the principles of this code. Code of Conduct standards shall be included in the regular orientations for City council candidates or potential members of any board or commission or city staff. Council members entering office shall sign this statement affirming they read and understand the Lino Lakes City Code of Conduct. XXX.XXX. Disclosures. All City officials shall take an oath upon assuming office, pledging to uphold the Home Rule Charter and laws of the City, the State and the Federal government. As part of this oath, officials commit to disclosing to the appropriate authorities and/or to the City council any behavior or activity that may qualify as corruption, abuse, fraud, bribery or other violation of the law. Within 30 days after taking the oath of office or being appointed to a position, each council member and member of a city board or commission must file a report with the city clerk, on a form prepared by the clerk, which contains the information specified below for the preceding year. Subsequently, each person must file a supplemental report on the first day of February of each year in office and within 30 days after any change in information provided under paragraph 5. The information must be for the individual, the individual's spouse, and all minor children (collectively referred to below as "person"): a. a business entity in which the person is an officer, director, member, or employee, and the position held; b. a business entity in which the person has an ownership interest, either legal or equitable, greater than 5 percent; c. sources of income, compensation, fees, or commissions that are received from employment, for services rendered, or from pensions, except the employment of minor children; d. non-profit organizations in which the person serves on the governing body, and the position held, except if serving in that capacity as the city's representative; and e. real property within the city owned by the person or in which the person has a beneficial interest and that has an assessed valuation in excess of $10,000. The person's homestead need not be included. The term "business entity" includes any business, proprietorship, firm, partnership, person in representative or fiduciary capacity, association, venture, trust or corporation. Compliance and Enforcement Council members themselves have the primary responsibility to assure that ethical standards are understood and met and that the public can continue to have full confidence in the integrity of City government. This code of conduct shall be considered to be the definitive document relating to ethical conduct by Lino Lakes council members or member of any board or commission. XXX.XXX. Compliance and Enforcement. The council may hold a hearing after receiving a written complaint questioning adherence to these principles or alleging a conflict of interest or failure to file a required disclosure statement, or on the council's own volition. At the hearing, the person accused must have the opportunity to be heard. A hearing will be held only if the city council determines (1) upon advice of the city attorney, designee or other attorney appointed by the council, that the allegations rise to the level of a violation of these principles or to the level of a legally -recognized conflict of interest, and (2) that the complaint has been lodged in good faith and not for impermissible purposes such as delay. If after the hearing, the council finds that a conflict of interest, failure to file a required disclosure, or violation of these principles does exist, the council may take whatever action it deems appropriate, including referring the matter for criminal prosecution, imposing a civil penalty not exceeding $2000 per violation, directing an official not to participate in a decision, or removing an appointed member of an advisory board or commission from office. A council member or member of a board or commission must not participate in a decision if the council prohibits the participation. I affirm that I have read and understand the City of Lino Lakes City council Code of Conduct. Signature Date CODE OF CONDUCT Purpose To establish a code of conduct and associated remedies that council members agree to abide by in carrying out their duties as elected officials. This code of conduct does not supersede any existing or future statutory or constitutional rights, but simply outlines appropriate council expectations, behavior and interactions with each other, city staff, citizens and all other groups encountered as a result of city business, so as to efficiently and effectively develop and carry out the mission, vision, goals and established policies of the city. Roles/Responsibilities Meetings — By Charter, the mayor presides over meetings of the city council. Speakers, including council members, do not speak until recognized by the mayor. Act in the Public Interest — Recognizing that service to our citizens must be our primary concern, council members shall work for the common good of the people of Lino Lakes and not for any private or personal interest. Council members will treat all persons, claims and transactions in a fair and equitable manner. Preparation — Council members are expected to be prepared for city council meetings and work sessions. Agenda Preparation — The city administrator directs preparation of draft meeting agendas. The final agenda is determined by the city council prior to the meeting. At the council meeting, agenda items may be added or deleted by council members per procedures established in the city code. Conduct of Members Staff Direction — The mayor and city council members direct city staff, contract employees and consultants only through the city administrator, as determined by majority vote. At work sessions, the mayor will state the concerns of the council or specific directions provided by the council to the staff. The city administrator will request further clarification if he feels it is required so that there is a clear understanding of what the council's expectations are in terms of the actions to be taken by staff. Respect for Staff Time — If a council member is utilizing an inordinate amount of staff time, the city administrator is required to bring this to the attention of the city council for resolution. Interactions — Council members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the city council, boards, commissions, committees, staff or the public. Respect for Process — Council member duties shall be performed in accordance with the processes and rules of order established by the city council. Use of Public Resources — Public resources not available to the general public (e.g., city staff time, equipment, supplies or facilities) shall not be used by council members for private, personal or political purposes. Advocacy — To the best of their ability, council members shall speak with one voice in representing the official policies and positions of the city council. When presenting their personal opinions or positions, members shall explicitly state that they do not represent the council or the city. Improper Influence — Council members shall refrain from using their position to improperly influence the deliberations or decisions of city staff, boards, commission or committees. Positive Work Environment — Council members shall support a positive, efficient and effective environment for residents, businesses and city employees. Steward of City Funds — When the end of a council member's service on the city council has been determined by means of not seeking re-election, resignation, or the results of an election, that council member shall not subject the city to unnecessary travel and/or tuition costs. Communication Sharing of Information — It is the responsibility of council members to publicly share information with all other council members that they have received from sources outside of the public decision-making process, which pertains to a topic under consideration. Whenever possible, new information or data obtained by council members, pertinent to a topic being discussed, will be distributed through the city administrator to the city council members. Upon reviewing the "new information" the council may adopt a motion to postpone further consideration of the information until all members have had time to review and interpret this new information. Focused Discussions — Council members shall work to keep discussions and debates focused on the item under discussion without introducing extraneous or irrelevant information. Request for Information- All council members shall receive the same information at the same time when deemed ready for distribution by staff. If an elected official requests information in advance of others on the city council, the matter shall be resolved by a majority of the city council. Coordination with City Staff — City staff should be involved when council members meet with officials from other agencies and jurisdictions to ensure proper staff support as needed and to keep staff appropriately informed. Citizen Questions — Elected officials should refer questions and concerns from citizens to the city administrator or appropriate department director. City staff should report back to the city council on the resolution of the referral. Confidential Information — Council members shall respect and preserve the confidentiality of non-public, protected non-public, private, and confidential information provided to them concerning matters of the city. They shall neither disclose confidential information without proper legal authorization nor use such information to advance their personal, financial or private interests. Notice of Attendance — If any council member has knowledge or reason to believe that there will be a large or emotional attendance at an upcoming council meeting or work session, they have an obligation to inform the city administrator as soon as they become aware of the potential situation. Implementation Orientation — This Code of Conduct shall be included in the regular orientations for new city council members. Following each election, the new council shall, by resolution of its elected members, adopt a city council code of conduct. Compliance and Enforcement — Council members themselves have the primary responsibility to assure that the code of conduct is understood and followed and that the public can continue to have full confidence in the integrity of the Lino Lakes city government. Remedies It is the responsibility of the city council to police its members. When inappropriate behaviors are observed, any member of the council can intervene. If inappropriate behavior is observed, the city council will discuss the behavior at a council work session. By direction of the council, it will be determined whether: a. A letter is sent to the offending council member stating that they have been found operating outside the established code of conduct, requesting them to correct the behavior identified as inappropriate; or b. The council member is formally sanctioned by resolution at a council meeting. Resolution 06-58 adopting this Code of Conduct was adopted by the Lino Lakes City Council on April 10, 2006. John Bergeson, Mayor