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Home My WebLink About11-11-16 Workshop meeting packet NOTICE OF MEETING City Council Workshop 3800 Laverne Avenue North Tuesday, October 11, 2016 6:30 PM I. Call to Order 6:30 pm II. SSTS Ordinance 6:30pm III. Annual Review of Contracts 7:00pm IV. Open Gov 7:30 pm V. Snow Removal Policy 7:45pm VI. LMCIT Video: “in the Scope of Your Authority: 8:30pm Preventing Public Official Liability” VII. Adjourn 9:00 pm Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City’s Open Space Character STAFF REPORT DATE: October 11, 2016 WORK SESSION ITEM #: DISCUSSION TO: Mayor and City Council FROM: Kristina Handt, City Administrator AGENDA ITEM: SSTS Ordinance and County Services BACKGROUND: The City’s ordinances relating to subsurface sewage treatment systems (SSTS) is in Chap 51 of the code. A copy is included in your packet. The city has been contracting with Washington County for SSTS permit and inspections. It has been determined by county staff that the current city ordinance is out of compliance with state rules. ISSUE FOR DISCUSSION: What ordinance amendment should staff prepare? PROPOSAL DETAILS/ANALYSIS: Included in your packet is a memo from county staff laying out the options and discussing the issues. County staff (Girard Goder or Jeff Tavis) will be in attendance at the work session to provide additional information and answer questions since this is a very technical issue. In addition to the memo, I asked for more specific info from county staff about what aspects of the city’s SSTS ordinance were out of compliance. Girard Goder provided the following comments: The City Code includes the following provision (because it incorporates the County Ordinance word for word): 3.1 Administrative scope. This chapter shall apply and be in effect in all areas in Washington County other than cities and towns that have adopted ordinances that comply with Minnesota Statute Section 115.55, Minnesota Rules, Chapter 7082, and are as strict as this Chapter. […] Discussion: The City does not have the statutorily granted authority to enact an ordinance outside of its jurisdiction. 3.3 Variance procedures. […] Modifications related to setbacks or zoning shall be heard by the Washington County Board of Adjustment and Appeals. […] Discussion: Here the establishes that the Washington County Board of Adjustment and Appeals consider variance requests, which is problematic because the Board does not have land use authority within the City. This also conflicts with Section 51.005 of the City Code which establishes that variances and appeals shall be heard by the City. There are numerous other instances where the verbatim incorporation of the County Ordinance unintentionally grants/confers/requires County oversight/administration/control for a city ordinance. Should the City wish to continue to have the County administer the City ordinance, the better course of action would be for the City to establish itself as the regulatory authority (by still adopting the County Ordinance but also modifying all references to Washington County [and the various boards, departments, etc.] to instead read as their City equivalent counterparts) and subsequently contract with the County to deliver the City program. In regards to the exceptions established in Section 53.003 of the City Code, I have the following comments: (A) The following provisions are adopted separately from the Chapter 4 adopted in § 51.002 and are more restricting than Chapter 4 of the Washington County Development Code: (1) Washington County Development Code Chapter 4; Section 6 - Permits: (a) "Mound systems are not allowed for collector systems in the OP Open Space Preservation District." In the hypothetical scenario* that an existing community septic system needed to be replaced due to a separation to groundwater, and the soil conditions dictated that a replacement system would need to be a mound system, one of the two outcomes would result: 1. An individual mound would need to constructed for every residence, or 2. The existing structures would become uninhabitable because a replacement, compliance community septic system would be prohibited. *Note: I do not know whether any existing community septic systems are located in OP Open Space Preservation Districts, so the above points may be moot and this provision only applies to new construction. (2) Washington County Development Code Chapter 4; Section 22 - Maintenance: (b) "Sewage tanks shall be pumped or inspected by a licensed septic pumper, or inspected by a state-certified septic inspector every 2 years. A pumping and/or inspection report shall be submitted to the permitting authority by the pumper or inspector." As written, this requirement may be preempted by the restriction in MINN STAT 115.55 Subp. 5 (c), which states, in pertinent part: A certificate of compliance for an existing system is valid for three years from the date of issuance unless the local unit of government finds evidence of an imminent threat to public health or safety requiring removal and abatement under section 145A.04, subdivision 8. To fully address whether this provision is allowable, the term “inspected” as used here, would need to be defined. The type of inspection (a tank integrity assessment) that I believe is intended here is allowable under state and county rules to be performed by a licensed septic maintenance business (i.e. “septic pumper”). However the type of inspection (a compliance inspection) that is required under state and county rules to be performed by a “state-certified septic inspector”, cannot be required every two years by the City. (B) OP Waste Water Treatment Systems. (1) Collector systems in the OP zone shall be operated and maintained by a business licensed as a service provider in accordance with Minn. Rules 7083. An operation and maintenance plan shall be prepared by the developer prior to final plat approval. The homeowners association shall be responsible for implementing this plan. Included in this plan shall be both ground water monitoring, and visual inspections. Biannual reports shall be prepared by the service provider and submitted to the permitting authority. This provision is, for all intents and purposes, redundant with a provision in the County Ordinance. (C) Systems Serving Multiple Properties. (1) Any SSTS system serving two or more properties shall be designed by a registered professional engineer in the State of Minnesota in addition to having all other necessary certifications and licenses required by Minn. Rules, Chapter 7083, including the collection component of the shared system, or any component of the system that is located within an asset of the city. This provision may be prohibited by MN Rules 7082.00100 Subp. 3 Item A (in pertinent part): […] A local unit of government is not authorized to require additional local licenses, local registrations, local certificates, or other similar professional credentials to perform SSTS work. FISCAL IMPACT: NA OPTIONS: 1) Adopt a current ordinance 2) Repeal or amend sections of current ordinance Government Center • 14949 62nd Street North — P.O. Box 6, Stillwater, Minnesota 55082-0006 Phone: 651-430-6655 • Fax: 651-430-6730 • TTY: 651-430-6246 Service Centers also located in Cottage Grove and Forest Lake www.co.washington.mn.us Equal Employment Opportunity / Affirmative Action Department of Public Health and Environment Lowell Johnson Director David Brummel Deputy Director MEMORANDUM Date: September 22, 2016 To: Kristina Handt, City of Lake Elmo Administrator From: Girard Goder, Environmental Program Supervisor Re: Consideration of Subsurface Sewage Treatment System Regulation Variances Following up on previous communications, this letter will serve to elucidate which unit of local government shall consider and decide variance requests to subsurface sewage treatment system (SSTS) regulations in the City of Lake Elmo. As previously discussed, by December 31, 2016 the City of Lake Elmo must either 1) repeal its SSTS ordinance, in which case the county SSTS ordinance would take effect, or 2) adopt an updated ordinance which meets current standards established in Minnesota Rules Chapter 7082. If the City chooses to adopt a current ordinance, the City could then Contract with the county to administer the City ordinance. This would include reviewing all installation and operating permit applications, issuing permits and conducting installation inspections as well as other associated functions. In this scenario, all variance requests would be considered by the City. If the City chooses to repeal Section 51.002 of the city code, the Washington County Subsurface Sewage Treatment System ordinance would take effect within Lake Elmo. In this scenario, variance requests would be considered by the county, with the exception of variances for the setbacks and zoning requirements in the attached document, which would be considered by the city. Cc: Lowell Johnson, Director of Washington County Public Health and Environment Jeff Travis, Senior Program Manager Setbacks Applicable to the Installation of a Subsurface Sewage Treatment System Subsurface Sewage Treatment System Minimum Setback Distances (Feet) Feature Sewage Tank Soil Treatment and Dispersal Area Water supply wells less than 50 feet deep and not encountering at least 10 feet of impervious material 50 100 Any other water supply well or buried suction pipe 50 50 Buried pipe distributing water under pressure 10 10 Occupied buildings and buildings with basements or crawl spaces 10 20 Non-occupied structures, deck post footings 5 10 Property lines 10 10 Above ground and in-ground swimming pools 10 10 The Ordinary High Water Level (OHWL) of: Natural Environment Lakes 150 150 Recreational Development Lakes 75 75 General Development Lakes 75 75 Unclassified Body of Water 75 75 Transition Rivers/Streams 150 150 Tributary Rivers/Streams 150 150 Setbacks Applicable to the Sites Used for Land Spreading of Septage To be approved as a site for land application of domestic septage, the following minimum requirements must be met: The site shall: Not be in a shoreland area; Setbacks to Physical Features Setback Distances in Feet Surface Application Incorporated within 48 hours Injected Private drinking water well 200 Public drinking water well 1000 Irrigation well 50 25 25 Occupied building (residences) 200 200 100 Residential developments 600 600 300 Commercial subdivision 600 600 300 Recreation area 600 600 300 Public contact sites 600 600 300 Property line 50 50 50 Road right-of-way 50 50 50 Down gradient lakes, rivers, streams, wetlands, intermittent streams, or tile inlets connected to these surface water features**, and sinkholes Slope 0 % to 6 % Slope 6 % to 12 % Winter (0 % to 2 %) 200 Not Allowed 600 50 100 Not Applicable 50 100 Not Applicable Grassed Water Ways Slope 0 % to 6 % Slope 6 % to 12 % 100 Not Allowed 33 33 33 33 Shoreland Area Not Allowed Not Allowed Not Allowed Open Your Government to a Better Way of Working Transform the way you analyze, share and compare your ﬁ nancial information with OpenGov. www.opengov.com | 650-336-7167 | contact@opengov.com “OpenGov’s platform is so ﬂ exible that I can ﬁ nd a lot of information in a few clicks, instead of running a custom report from my accounting system.” JERRY VYSKOCIL, FINANCE DIRECTOR, NOBLES COUNTY, MN Trusted by 1000+ cities, counties and agencies $500B+ Expenditures analyzed 1000+ STATE OF OHIO DISTRICT OF COLUMBIA Government customers 47 states served OpenGov Transparency Deliver a more e cient, transparent government to your constituents. 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The city will attempt to provide such control in a safe and cost effective manner, keeping in mind safety, budget, personnel, and environmental concerns. The city will use city employees, equipment and/or private contractors to provide this service. This policy does not relieve the operator of private vehicles, pedestrians, property owners, residents and all others that may be using public streets, of their responsibility to act in a reasonable, prudent and cautious manner, given the prevailing street conditions. 1. Commencement The Public Works Director or designee will decide when to begin snow or ice control operations. The criteria for that decision are: A. Snow accumulation of two (2) inches or more; B. Drifting of snow that causes problems for travel; C. Icy conditions which seriously affect travel; and D. Time of snowfall in relationship to heavy use of streets. Snow and ice control operations are expensive and involve the use of limited personnel and equipment. Consequently, full street width snowplowing operations will not generally be conducted for snowfall of less than two (2) inches. Night-time plowing will usually begin at approximately 2:00 A.M. However, starting time may vary according to weather conditions. 2. Winter Parking Restrictions It shall be unlawful to park any vehicle or trailer, attended or unattended, on any city street after a 2” or greater snowfall until cessation of snowfall and the street is plowed to its full width (Ord. 72-03). Social media, city website and local news stations will be used to communicate emergency parking restrictions. 3. Movement of snow Snow will be plowed in a manner so as to minimize traffic obstructions. Streets will be plowed from the center outward to the boulevard areas. In times of extreme snowfall, streets will not always immediately be able to be completely cleared of snow. Snow will be removed from main arterial streets first, starting at centerline and plowed to the curb. Plow district units will work together in the cleaning of these streets, (i.e. tandem plowing). These streets will be maintained even in a blizzard event. For safety reasons, Cul-de-sacs will be plowed from the center outward to the boulevard when possible. 4. Snow Removal The Public Works Director or designee will determine if and when snow will be removed from the area by truck. Such snow removal will occur in areas where there is no room on the boulevard for snow storage and in areas where accumulated piles of snow create a hazardous condition. Snow removal operations will not commence until other snowplowing operations have been completed. Snow removal operations may also be delayed depending on weather conditions, personnel and budget availability. The snow will be removed and hauled to a snow storage area. The snow storage area will be located so as to minimize environmental problems. 5. Priorities and Schedule of Streets to be Plowed The city has classified city streets based on the street function, traffic volume and importance to the welfare of the community. I. First Priority: “Main Arterial Streets” These are high volume routes, which connect major sections of the city and provide access for emergency fire, police, and medical services. They also provide access to schools and commercial businesses. Priority will also be given to parking lots and access to City Hall and Fire Stations. II. Second Priority: Lower volume residential streets. III. Third Priority: Alleys, city parking lots and cul-de-sacs. During significant and severe storms, the city must be prepared to move personnel and equipment to maintain priority routes first. In fulfilling the need to have all priority streets safe and passable, when resources are limited, plowing of all other streets may be stopped at any time so resources can be shifted to priority routes. Unforeseeable circumstances may cause delays in completing assigned plow routes. Such circumstances may include weather conditions that endanger the safety of snowplow operators and/or safe and effective operation of equipment, commuter traffic, disabled vehicles, poor visibility conditions, parked cars along streets, assistance to emergency response vehicles, equipment breakdown, and personnel shortages. 6. Work Schedule for Snowplow Operators Snowplow operators will be expected to work their assigned shifts. In severe snow emergencies, operators sometimes have to work longer shifts in excess of 40 per week. While work breaks are not guaranteed, generally operators will take breaks in accordance with city policy, provided the breaks do not interfere with city services or operations. In addition, operators will be allowed sufficient time to eat a meal during any shift which is eight or more hours. After a twelve-hour shift, the operators will be replaced if additional qualified personnel are available. 7. Traffic Regulations The city recognizes that snowplow operators are exempt from traffic regulations set forth in Minnesota Statutes, Chapter 169 while actually engaged in work on streets, except for regulations related to driving while impaired and the safety of school children. Pursuant to this authority, snowplow operators engaged in snow removal or ice control on city streets have discretion to safely disregard traffic laws set forth in Chapter 169, except for laws relating to impaired driving and school children safety. The privileges granted herein to operators of snow removal and ice control vehicles shall apply only if the vehicle is equipped with one lighted lamp displaying a flashing, oscillating, or rotating amber light placed in such a position on the vehicle as to be visible throughout an arc of 360 degrees, 8. Weather Conditions Snow and ice control operations will be conducted only when weather conditions do not endanger the safety of snowplow operators and equipment. Factors that may delay snow and ice control operations include: severe cold, significant winds, and limited visibility. 9. Use of Sand, Salt, and Other Chemicals The city will use sand, salt, and other chemicals when there are hazardous ice or slippery conditions. The city is concerned about the effect of such chemicals on the environment and will limit its use for that reason. 10. Mailboxes and other private property It is the responsibility of property owners to keep their mailbox clear of snow for postal deliveries. Damage to a mailbox is a risk that snowplow operators face during winter plowing requirements. The city will conduct a review of each mailbox damage claim to determine, whether the city has any legal responsibility for the damage and if so replace the mailbox. The mailbox and/or post must show signs of physical damage characteristic of being struck by city snow removal equipment. The act of snow itself coming off a plow and dislodging any component of a mailbox shall not be the responsibility of the city to repair. If the city, in its discretion, determines replacement is appropriate, the city will replace the mailbox with a standard size, non-decorative metal mailbox and replace the support post as necessary with a 4” x 4”, decay resistance wood support post, both which will be installed by the city. *Please refer to Attachment #1 for tips on a properly installed mailbox from the United States Postal Service. Replacement or repair of objects in the right-of way area (ROW) is the responsibility of the property owner. This includes but is not limited to any landscaping, boulders, posts, fences, irrigation systems or improperly installed mail boxes as well as any other substantial objects in the ROW. If your lawn (grass/sod) is physically damaged by city snow removal equipment repairs will be made with black dirt and grass seed in the spring. 11. Garbage and Recycling Containers Please do not place garbage or recycling containers in the street during a snow fall event until your street is plowed to full width. Containers can be placed in your driveway adjacent to the street and still be accessible for pick-up. 12. Fire Hydrants Residents are encouraged to help the Public Works Department and Fire Department by clearing snow away from fire hydrants. This will allow the Fire Department adequate access to the hydrant in the event of an emergency. We ask you to clear the snow in a 5’ area around the fire hydrant. 13. Deviation from Policy The Public Works Director or designee may deviate from this policy when in his or her judgment it is in the best interest of the city or is necessary because of budget needs or other circumstances. Changes in priorities (lasting more than 4 hours) will be documented as to what caused such. Attachment #1 Placing the Mailbox Here are some helpful guidelines to follow when installing your mailbox: • Position your mailbox 41" to 45" from the road surface to the bottom of the mailbox or point of mail entry. • Place your mailbox 6" to 8" back from the curb. If you do not have a raised curb, contact your local postmaster for guidance. • Put your house or apartment number on the mailbox. • If your mailbox is on a different street from your house or apartment, put your full street address on the box. • If you are attaching the box to your house, make sure the postal carrier can reach it easily from your sidewalk, steps, or porch. Installing the Post The best mailbox supports are stable but bend or fall away if a car hits them. The Federal Highway Administration recommends: • A 4" x 4" wooden support or a 2"-diameter standard steel or aluminum pipe. • Avoid unyielding and potentially dangerous supports, like heavy metal pipes, concrete posts, and farm equipment (e.g., milk cans filled with concrete). • Bury your post no more than 24" deep. Proposed Winter Parking Ordinance Chapter 72 72.03 Winter Parking Restrictions It shall be unlawful to park any vehicle or trailer, attended or unattended, on any city street after a 2” or greater snowfall until cessation of snowfall and the street is plowed to its full width. 145 University Ave. West www.lmc.org 5/25/2016 Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 © 2016 All Rights Reserved This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. INFORMATION M EMO Role with It: Individual versus Council Authority Learn common ways councilmembers may overstep their proper role and the personal liability that may ensue. Understand actions you may take in your role as an individual councilmember versus your role as part of the entire city council. RELEVANT LINKS: I. Role of an individual council member See sections Role of the Individual Councilmember and the Council’s Authority in Handbook, Chapter 6. Councilmembers’ statutory duties are to be performed, almost without exception, by the council as a whole. For example, it is the council and not individual councilmembers that must supervise administrative officers, formulate policies, and exercise city powers. The most important single responsibility of a councilmember is participation at council meetings. In statutory cities, each councilmember, including the mayor, has full authority to make and second motions, participate in discussions, and vote on every matter before the council. II. Councilmembers and city employees Relationships between the council and city employees can create situations where councilmembers may overstep their proper role, causing potential liability for the councilmember and the city. Use of an employment scenario may be helpful in understanding an individual councilmember’s role in dealing with employee discipline and termination. Here is a scenario. The council has ongoing concerns with the municipal liquor store manager. Citizens complain the store is closed when it should be open. There are even reports the staff drinks on the premises. One councilmember decides to address the situation herself. She continuously stops by the store and even drives by the manager’s house to make sure he is not home when he should be working. During one visit to the store, the councilmember finds the staff, including the manager, drinking in the back of the store. Knowing the council will agree, she terminates the manager on the spot. To make this situation easier, she also negotiates a severance package with him. The councilmember then relates the incident to several friends, making some exaggerated descriptions of what happened. Obviously, the liquor store manager’s actions raise many liability concerns for the city. However, the councilmember’s actions are also problematic because she acted beyond the scope of her authority. RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/25/2016 Role with It: Individual versus Council Authority Page 2 A. Investigating and terminating employees In this scenario did the councilmember have authority to investigate or terminate the store manager? No. Minn. Stat. § 412.221, listing powers of the council. Minn. Stat. § 412.201, requiring council approval of contracts for Standard Plan and Plan A cities. In Minnesota, a council’s powers are derived from state statutes or city charters. In statutory Standard Plan and Plan A cities, the statutes give the entire council control over city matters, including the power to control city finances, to make contracts, to enact ordinances, and to oversee city personnel. The statutes do not allow an individual councilmember to investigate employees or terminate employment. Minn. Stat. § 410.16. In charter cities, the charter dictates a councilmember’s role. State law allows charter cities to adopt any form of government as long as it is not inconsistent with state statutes or the state constitution. In almost all cities, charters give authority to the council rather than to individual councilmembers. However, councilmembers from charter cities should consult their charters to determine their proper roles. B. Delegating authority to investigate or terminate employees Could the councilmember in our scenario delegate the authority to investigate or terminate the store manager? Yes and no. Johnson v. State, 553 N.W.2d 40 (Minn. 1996), defining powers involving exercise of judgment. Individual councilmembers can perform any duty the council legally assigns to them. However, a statutory city council cannot delegate any discretionary powers, defined by case law as powers involving the exercise of judgment. In this scenario a statutory city council could authorize the councilmember to investigate the liquor store manager, but not to terminate him. Charter cities cannot delegate any discretionary authority unless the charter specifically allows delegation. Councilmembers should be careful even when performing duties legally assigned to them. In our scenario the councilmember’s actions may have crossed the line into harassment. The councilmember could safely view the employee’s time cards, respond to citizen complaints, and probably even stop by the store occasionally. She should not drive by the employee’s house. Minn. R. 1250.0400, subp. 2. On a related matter, the League often receives calls about whether an individual councilmember can review an employee’s private personnel documents. Individuals whose job duties reasonably require access to private data may view the data. Since individual councilmembers do not have authority over city personnel, they cannot access this private information. The council could authorize an individual councilmember to view the data. RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/25/2016 Role with It: Individual versus Council Authority Page 3 C. Mayor’s power to investigate or terminate employees In most cities a mayor may not investigate or terminate an employee. A frequent misconception is that mayors have more power than other councilmembers. The mayor is the official head of the city, and he or she speaks for the city government and presides over council meetings. The mayor also breaks a tie vote when filling council vacancies, and can make some other appointments such as park board members subject to council approval. The mayor has no individual authority over city staff. See Section III, Mayor, in Handbook, Chapter 6. Truthfully, mayors of statutory cities have very limited additional powers. Outside of a few exceptions, the mayor cannot act without council approval. A majority of charter cities have a weak-mayor form of government, in which the mayor’s powers are generally no greater than those of other councilmembers. A few charter cities give the mayor limited additional powers such as control over the police department. Three charter cities— St. Paul, Duluth, and St. Cloud—follow a strong-mayor format where the mayor has administrative authority over city matters, including city personnel. Mayors of these cities would probably be able to investigate and remove employees without council approval. Mayors in charter cities should review their charters to determine the extent of their authority over employees. D. Negotiating employee severance packages Minn. Stat. § 412.201. Jewell v. Bertha, 97 N.W. 424 (Minn. 1903). In our scenario the councilmember may not negotiate a severance package with the liquor store manager either. State law provides the “council” must authorize contracts. Minnesota case law holds this power cannot be delegated and also that a city is not bound by a contract made by an individual councilmember. Councilmembers from charter cities should consult their charters, but most charters probably would not authorize an individual councilmember to execute contracts. The full council could later ratify the contract. If the council does not ratify the contract, the individual councilmember could potentially be liable for claims such as detrimental reliance or promissory estoppel. Accordingly, all councilmembers should be clear when speaking with individuals interested in contracting with the city that only the full council can enter into a contract. RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/25/2016 Role with It: Individual versus Council Authority Page 4 III. Councilmembers and employees in Plan B cities Minn. Stat. §§ 412.601 - .751. Plan B cities have a council-manager form of government. A number of charter cities also use this structure. Like Standard Plan and Plan A cities, the council exercises policy-making and legislative authority. But in Plan B cities, the council delegates administrative control to the city manager, who then implements the council’s directives. For example, the council appoints the manager who, in turn, appoints and supervises the city staff. A city manager is the city’s purchasing agent for contracts under $20,000, unless the city council provides for a lower limit. Therefore, in a Plan B city, the city manager, rather than the council or an individual councilmember, would be the proper person to investigate the liquor store manager and terminate his employment. Handbook, Chapter 8. City managers should not be confused with city administrators. The city administrator position is a position created by council ordinance or resolution, not by statute. The duties of the administrator will vary from city to city, with some administrators also serving as city clerk. A statutory city council cannot delegate any discretionary authority to a city administrator. A charter city council may do so only if the charter allows delegation. IV. Potential personal liability for councilmembers Minn. Stat. § 466.07. State law requires cities to defend and indemnity councilmembers for any suit arising from their official duties. See Section II-E on Official Immunity in Handbook, Chapter 18. The doctrine of official immunity protects public officials from suits based upon discretionary actions taken in the course of their official duties. For example, a councilmember could not be held liable over the question of calling for special assessments. Neither official immunity nor the statute applies when a councilmember acts with malice or in bad faith. These doctrines may not protect the councilmember in the above scenario because she was acting outside the scope of her duties. See Section III-B on Protection from Defamation, in Handbook, Chapter 18. LMC information memo, LMCIT Property, Crime, Bond, and Petrofund Coverage, Section VI-A, Bond coverage. Of particular concern for the councilmember in this situation is a defamation claim. A defamatory statement is one that is false, made to a third party, and harms the reputation of the subject. A councilmember is protected if the statement is made in good faith during a proper occasion and is based on probable cause. The proper place to make even true statements would be at a council meeting. RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/25/2016 Role with It: Individual versus Council Authority Page 5 V. For further assistance Research@lmc.org 651.281.1200 or 800.925.1122 If you have questions about the role of an individual councilmember or the city council as a whole, you should discuss the matter with your city attorney. In addition, the League’s Research and Information Services Department can answer questions about the role of council members in different types of cities.