HomeMy WebLinkAbout#26 Staff Report-Parliamentarian Contract (2)MAYOR AND COUNCIL COMMUNICATION
DATE: June 21, 2016
CONSENT
ITEM #: 26
MOTION
AGENDA ITEM: Parliamentarian Contract
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND:
Council began having a parliamentarian attend and assist with Council meetings in late 2015. In
January 2016, a three month contract with Kevin Wendt was approved which expired April 30,
2016. The Council approved another 3 month contract with Mr. Wendt on May 3, 2016 which
expires July 31, 2016.
Both the previous and current contracts include being the chair for meetings as part of the
compensation.
On May 24, 2016, it was brought to the Council’s attention that state statute says “The mayor or,
in the mayor's absence, the acting mayor, shall preside.” Lake Elmo is a statutory city and
therefore only possesses the authority granted to it by the Legislature. The City Council is not
able to repeal statutory rights through a vote of the Council. Furthermore, a 1957 opinion from
the Attorney General, states that a “council cannot, by ordinance or otherwise, deprive one of its
members of his [or her] statutory rights.”
This information was shared with Mr. Wendt and he was subsequently asked for an opinion on
the issue of the mayor as the presiding officer. He provided the following informal opinion and is
seeking his own opinion from the Attorney General:
My informal response is that this is entirely a legal question. If the law was silent on the issue,
then the chair can be removed from the chair by the assembly, but only by a 2/3 vote and only for
a single session at a time (using Suspend the Rules procedures).
I do not know if statutory requirements (such as the Mayor [or Acting Mayor] presiding, as cited
by the City Attorney) can be suspended or not. General procedure, even when placed in the
bylaws, can be suspended by common parliamentary practice. But, this relates to procedure
stated by law. The legal understanding is primarily applicable here.
ISSUE BEFORE COUNCIL:
Should the Parliamentarian’s contract be amended or terminated?
PROPOSAL DETAILS/ANALYSIS:
Currently the contract with Mr. Wendt includes a compensation section as follows:
3.1 Basis for Compensation: Compensation to CONSULTANT shall be as follows
Being the chair for meetings as a parliamentarian( up to 5 hours) $200.00/hr
Being the chair for meetings as a parliamentarian( over 5 hours) $250.00/hr
Document Review $125.00/hr
Discount for 3 month commitment/contract 20% off
One of the other options offered by Mr. Wendt from the rate schedule was:
SCHEDULE 2
Sit with staff and rule on points of order $165/hr.
Document Review $100/hr
Council could amend the contract to include Schedule 2 as replacement language for section 3.1 and Mr.
Wendt would agree to lowering the hourly rate for sitting with staff to $160/hr as that is what the City is
charged now after taking into account the discount.
Alternatively, the contract could be terminated immediately and Mr. Wendt is agreeable to that given that
Article 3 includes a violation of state law.
FISCAL IMPACT:
So far in 2016, the parliamentarian services have cost the City about $10,000.
No change in the fiscal impact if the contract is amended as Mr. Wendt has agreed to the same rates.
If the contract is terminated, the City would not continue to incur these costs.
There was no funding provided in the 2016 budget for parliamentarian services.
OPTIONS:
1) Amend contract to replace Section 3.1 with Schedule 2 language and amend the hourly rate from
$165 to $160
2) Terminate the contract
3) Make no changes to the current contract
RECOMMENDATION:
Motion to amend contract with Kevin Wendt to replace Section 3.1 with Schedule 2 language and
amend the hourly rate from $165 to $160.
OR
Motion to terminate contract with Kevin Wendt