Loading...
HomeMy WebLinkAbout11/12/2003 Council Minutes• • • SPECIAL COUNCIL WORK SESSION APPROVED DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT Staff members present: None CITY OF LINO LAKES MINUTES NOVEMBER 12, 2003 : November 12, 2003 . 5:36 p.m. . 6:59 p.m. : Council Member O'Donnell, Reinert and Mayor Bergeson : Carlson and Dahl Mayor Bergeson advised the purpose of the meeting is to discuss the proposed Council Guidelines. Councilmember O'Donnell advised an updated draft of the proposed guidelines were distributed last week. He noted that a "Purpose" statement was added to the draft. Councilmember Reinert suggested the title be changed to "Council Ethical Guidelines" for clarification. The Council agreed the title would be changed to Council Ethical Guidelines. Councilmember O'Donnell read the following purpose statement that was included in the draft. He asked if there are any revisions to the statement. Purpose: To establish a set of guidelines, and associated remedies, that council members agree to abide by in carrying out their duties as elected officials. These guidelines outline 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. The Council agreed that the purpose statement, as submitted would be included in the Council Ethical Guidelines. Councilmember O'Donnell advised at the last meeting the Council worked through the draft up to Relationship to City Staff. The Council reviewed the remaining sections of the draft and made the following revisions: • • SPECIAL COUNCIL WORK SESSION NOVEMBER 12, 2003 APPROVED Relationship to City Staff Mayor and City Council Members direct city staff, contract employees and consultants only through the city administrator or equivalent, as determined by majority vote. Councilmember O'Donnell asked if a reference to Data Practices should be included in this section. Mayor Bergeson stated that Councilmembers take an oath of office when officially becoming a Councilmember. Compliance with Data Practices and other rules and regulations are a part of that oath. Councilmember O'Donnell noted there are no civil or legal penalties included if a Councilmember does not adhere to the guidelines. The Council continued reviewing the draft and made the following revisions: Individual elected officials have no authority to commit city funds or to request staff to perform activities that encumber city funds. All elected officials 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 should be resolved by a majority of the City Council. City staff cannot respond to elected official requests for information to be used in political campaigns. During election season, any information request from a Council Member is provided to all Council Members. All elected officials are expected to follow established City policies and procedures. Attempts to bypass normal procedures outside public meetings is required to be brought to the attention of the City Council by the city administrator. Attempts to bypass normal procedures at a public meeting will be halted by the Mayor who is responsible for the orderly conduct of the meeting. Elected officials should refer constituent questions and concerns to the city administrator or appropriate department director. City staff should report back to City Council on the resolution of the referral. Except for casual greetings and social exchanges, elected officials should restrict their communication with city staff to the city administrator and department directors who are responsible for the activities of all city employees. Communication should be business related and brief. If an elected official 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. SPECIAL COUNCIL WORK SESSION NOVEMBER 12, 2003 APPROVED Elected officials shall not attend staff meetings, meetings between staff and • developers or between staff and residents unless invited by staff. • Elected officials who are assigned as liaisons to City Boards shall limit their communications to an exchange of information and not communicate personal or Council opinions. Elected officials may not threaten staff members implicitly or explicitly for failing requests that deviate from established policy guidelines. Threats will be reported immediately to the city administrator who will make this aware to the rest of the City Council. Elected officials will not use public meetings as opportunities to retaliate against, criticize, or berate city staff through derogatory comments and innuendo or by asking questions that require advance preparation or could have been answered before the meeting. The Mayor and other Council Members have an obligation to intervene immediately when this type of behavior occurs. City Council members shall treat each other with respect. City staff members cannot use public meetings as opportunities to criticize or berate elected officials. The Mayor or other City Council Members will intervene immediately if this type of behavior occurs. If Council Members observe or receive reports of inappropriate behavior by city staff members, they should document the observed or reported behavior to the city administrator. The city administrator or designee will investigate the allegation and prepare a written report of findings and conclusions to the City Council, including any remedial or disciplinary action. Relationships with Boards and Commissions Council Member attendance at board meetings is discouraged unless as a liaison to a board. The mere presence of an elected official has an impact on the perceptions of the board members, staff members and members of the public and affects the interaction among them. It also exposes the Council Member to questions and requests for comments. Even when an elected official intends answers and comments to be construed as personal opinion, it is nearly impossible for others to separate the personal role from the elected one. Communication All official communication concerning City Business or meeting schedules should be funneled through the city administrator or appropriate designee. The Council reviewed the suggestions from Councilmember Carlson's draft of the guidelines. It was noted that the whole section regarding voting was deleted from the draft based on a recommendation from the City Attorney. The City Attorney had • indicated that following the suggested changes, the first draft of the proposed guidelines would be consistent with: United States Constitution, Minnesota Constitution, Minnesota SPECIAL COUNCIL WORK SESSION NOVEMBER 12, 2003 APPROVED Statutes including Data Practices Law and Open Meeting Law, Lino Lakes City Charter, • Robert's Rules of Order, and the League of Minnesota Cities Handbook. r Councilmember O'Donnell recommended the Council Ethical Guidelines be adopted as a resolution. Mayor Bergeson stated staff will get a recommendation from the City Attorney regarding the adoption of the Council Ethical Guidelines as a resolution. The following changes were made to the Remedies section of the proposed draft: 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 reported, the City Council will appoint one of its members to investigate the allegations and provide a written report of conclusions at a Council work session. By direction of council it will be determined whether: a. A letter is sent to the offending councilmember stating they have been found operating outside the established guidelines and requesting them to correct the behavior identified as inappropriate or b. The councilmember is formally sanctioned by resolution at a council meeting. Councilmember O'Donnell advised staff would distribute the final draft of the Council Ethical Guidelines. This item will be placed on the next Council work session and hopefully on the next Council meeting agenda for approval. The meeting was adjourned at 6:59 p.m. These minutes were considered, corrected and approved at the regular Council meeting held on November 24, 2003. Ann B1a rj City Clerk Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 4 Johns erges , Mayor