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HomeMy WebLinkAboutAgenda Packet 02/02/2010 (2)?ORTANGELES CITY COUNCIL SPECIAL MEETING W A S H I N G T O N , U S A I. CALL TO ORDER - SPECIAL MEETING: 4' Z II. ROLL CALL: Members Present: Mayor Di Guilio Councilmember Collins Councilmember Downie Councilmember Kidd Councilmember Mania Councilmember Nelson Councilmember Perry Staff Present: Manager Myers Attorney Bloor Clerk Hurd G. Cutler T. Gallagher D. McKeen N. West Y. Ziomkowski III. PLEDGE OF ALLEGIANCE: Led by: February 2. 2010 J ip, 1 .1:` 1„, U nom. Other Staff Present: DATE OF MEETING: February 1 2010 LOCATION: JORTANGELES CITY COUNCIL SPECIAL MEETING Attendance Roster W A S H I N G T O N , U S A City Council Chambers G: \GROUP \CLERK\FORMS \Council Attendance Roster.wpd City Fundamentals A Conversation about Basic Laws and Principles Part 2 Topics • What is a City • What Powers Does It Have • How is a City Governed • What is the Role of the Council • Some Laws You Should Know • Trends What is a City • A City is a form of Government • Closest to the people • Universal • Why Cities 1 What is a City • Cities are "municipal corporations." • As corporations, like private corporations, Cities are legal entities, with legal rights. • Cities are capable of contracting, suing, and being sued. What is a City • As "municipal" corporations, however, their functions are wholly public. • City Government is not Business • Profit v. non profit • Self interest v community interest What is a City • What it is not • Different from other local governments • Different from other classes of cities 2 What Powers Does a City Have Powers • Cities have only powers granted to them by the constitution and laws of the state. • Cities are subject to limitations imposed by state law. • Same is true of City officials. Powers • Rights and limitations depend on Classification. • First, second, towns, commission cities, code cities, charter and non - charter • Each classification has its own governing laws. 3 Powers • Port Angeles = non - charter, code city with council - manager plan How Is A City Governed How Is A City Governed • The United States • Washington State and • The City of Port Angeles are Republics 4 How Is A City Governed • Three separate branches: legislative, executive, and iudicial. • The Separation of Powers Doctrine How Is A City Governed • City government is structured the same. • Leaislative — Executive - Judicial • Each branch exercises defined powers. How Is A City Governed • The City Council is the leaislative branch. • With a limited judicial role in quasi-judicial matters • The City Council establishes local laws and public policy. 5 How Is A City Governed In Port Angeles: Limited Role of Mayor Council - Manager Form (Port Angeles) VOTERS 1 COUNCIL 1 CITY MANAGER 111111 DEPARTMENT HEADS Mayor - Council (Not Port Angeles) VOTERS 1 1 MAYOR COUNCIL 111111 DEPARTMENT HEADS 6 How Is A City Governed • The City Manager's role is administrative (executive). • The municipal court exercises iudicial functions within the jurisdiction of the city. What is the Role of Council Role of Council • Council members form the legislative branch of the City. • Council members are elected to set law and policy as representatives of all citizens of the city. 7 Role of Council Courts have held: • Public office to be synonymous with public trust. • A public officer's relationship with the public is that of a fiduciary. • Expressly recognized in various statutes. Role of Council • Council members are under an obligation to: • Support best interests of the public, • Weigh competing interests, and • Consider impacts of actions across the entire community. Role of Council • Council members must: • Hear all sides of an issue. • Study all measures brought before them • Vote on all measures brought before them. • Publicly explain their vote. 8 Role of Council • Individual voters are not obligated to do any of those things. Role of Council • The legislative process requires balancing competing interests. Role of Council • The City Council Acts as a body. • Majority rules. • Rights of individual Members of the Council. • Cast one vote during an open public council meeting of the Council. • Otherwise, same rights as any citizen. 9 Role of Council • Limitations • No individual council member speaks for the City • No role in administration of city • Mayor - Ceremonial / Chairman of City Council meeting City Manager • The City Manager represents the Executive branch of government. • The City Manager is the chief administrative officer of the City. Cf. City Council / City Manager - General • City Council • Establishes local laws and policies. • ordinances and resolutions • City Manager • Carry out the policies set by the council. 1 0 Cf. City Council / City Manager - Operations • City Council • Decide what governmental, recreational, educational, cultural, and social services the City will provide. • Decide what utilities the City will own and operate. • City Manager • Has the authority (and duty) to administer the day -to -day operation of the City. Cf. City Council / City Manager - Regulatory • City Council • Set fines and penalties for violation of city ordinances. • Establish business licensing. • City Manager • Enforce ordinances. Cf. City Council / City Manager - Contracts • City Council • Approve and authorize contracts. • City Manager • Administer and enforce contracts. 11 Cf. City Council / City Manager - Claims • City Council • Authorize lawsuits by the City. • Approve claims against the City. • City Manager • Negotiates claims. • Directs the conduct of lawsuits by and against the City Cf. City Council / City Manager - Property • City Council • Decide on the acquisition, sale, and ownership of real property. • Grant franchises for the use of public ways • City Manager • Manages property transactions and the ownership of real property for the City Cf. City Council / City Manager - Land Use • City Council • Adopt zoning and development codes and the comprehensive plan. • Act in quasi - judicial capacity to decide land use issues (unless there is a hearing examiner) • City Manager • Administer and enforce zoning and development codes. 12 Cf. City Council / City Manager - Process • City Council • Adopt rules and procedures governing the conduct of Council meetings. • City Manager • Assist with preparing the agenda for council meetings. Cf. City Council / City Manager - Finance • City Council • Exercises general oversight and control over the jurisdiction's finances • budget process • Impose taxes. • Approve expenditures • City Manager • Prepare a proposed budget. • Implement the budget as adopted by Council • Report to the council on the financial affairs and needs of the city Cf. City Council / City Manager - Information • City Council • To do its fob, the council needs information on how the city is operating. • City Manager • The City Manager must provide that information in a timely and useful fashion. 13 Cf. City Council / City Manager - Employees • City Council • Establishes compensation schedules and working conditions for employees • Approve labor contracts • City Manager • Employ, discipline, and dismiss employees • Supervise employee performance • Per RCW 35A 13 120, Council members are prohibited from involvement in personnel decisions • Negotiate labor contracts Cf. City Council / City Manager - Employees How Does Council Relate to City Staff • Councils' contact is the City Manager • Statutory model • Real world Gray Areas - Potential for Conflicts • Sometimes roles are not clearly defined. • Statutes and case law may not provide a ready answer. • Best defense is an honest, forthright working relationship. 14 Gray Areas - Potential for Conflicts • Flexibility is needed to meet the challenges of government. • The focus should be on orovidina aood aovernment. Some Laws You Should Know Some Laws You Should Know • Open Meetings • Appearance of Fairness • Ethics / Conflicts of Interest • Public Records • Duties and Liabilities • Public Funds and Facilities • Bidding • Attorney - Client Issues 15 Some Laws You Should Know • Covered in a separate presentation. • Open Meetings • Appearance of Fairness • Ethics / Conflicts of Interest • Recommendation: Hearing Examiner Public Records ■ The Public Records Act deals with the public's right to inspect and /or copy information concerning the conduct of government. • Separate presentation available. Fundamental Concepts • Almost every record of the City must be open and available to the public for inspection and copying. • This is a legal duty of every public official and employee. 16 Fundamental Concepts • If the City fails to provide a requested record, there are significant, mandatory penalties. • Even accidental violations The Law: What is a Record? • Any writing • containing information • relating to the conduct of government • prepared, owned, used, or retained by any state or local agency • regardless of physical form or characteristics The Law So, Almost Everything is a Record 17 The Law: Retention of Public Records • You are not free to destroy records • Retention periods for public documents are governed by state and federal law. The Law: Who Responds? • In Port Angeles, Janessa Hurd is the Public Records Officer for all Departments, Except Police. • She coordinates responses to records requests The Law: Three Types of Records • Records that must be disclosed. • Almost all • Records which may be withheld. • Some • Records which must be withheld. • Few 18 The Law: xPm tionS • Over 350 exemptions - • Can lead to public cynicism • Especially in controversial projects The Law: Exemptions • Exemptions serve important purposes • Protect the legitimate privacy interests of its citizens • Preserve vital government functions • Save public money The Law: Exemptions • Exemptions are narrowly construed. • Only information specifically exempted can be withheld from public disclosure. 19 The Law If no statutory exemption covers the requested record, it is disclosed. The Law The rule we following in Port Angles: When in doubt, Disclose Procedure: We have a City -wide procedure for fulfilling records requests: • Where the records are located • How they are maintained • How well they are organized • The form of the records • How many exemptions apply 20 Rule #1 Have a Good Attitude • Attitude is Important • It's our job • Not adversarial • Not a game Rule #2 Rule #3 Do Not Shred Everything is a record 21 Rule #4 Presume all records are disclosed Rule #5 Rule #6 Be prompt This affects YOU. • Your are an official of the City. • Your email, letters, notes, and other documents relating to the City's business are public records. • Subject to a records request. • Also, you have the authority and the duty to adopt and maintain policies to assure the City complies with the law. 22 Rule #7 Disclosure is in the best interest of the City. Some Laws You Should Know Duties and Liabilities Duties and Liabilities To the same extent as a private person or corporation: • Cities are liable for their tortious conduct, and • the tortious conduct of their officers, employees, or volunteers. 23 Duties and Liabilities Like other persons: Public officers and employees are accountable for their actions, under civil and criminal laws. Duties and Liabilities -- Immunities from Tort Liability • Officials are immune from civil liability for making or failing to make a discretionary decision. • Discretionary act = a considered policy determination. • This immunity is limited. Cities cannot use public money for ... 24 Prohibited Uses of Public Funds, Property, or Credit • The Washington State Constitution requires that public funds be spent only for public purposes. • It also prohibits use of public money for any purpose not authorized by law. • Prohibition against Gifts /Lending of Credit. Public Funds, Property, or Credit A city is often asked to assist with recreational facilities, economic development, tourist promotion, and other civic or charitable works. Public Funds, Property, or Credit The Washington courts have long held that no matter how worthy the purpose it may not be accomplished by public gifts or loans to private persons or groups. (Except certain aid to the poor or infirm). 25 Public Funds, Property, or Credit • In recent years, cities have been authorized to engage in several programs that previously were prohibited. • Example: From 1979 to 1989, cities permitted to finance certain development projects. • Certain economic development programs to be a "public purpose." Public Funds, Property, or Credit • Funds Accounting - a Limitation • Cities = account by fund. • Not like household, or even company, budget. Statutory Prohibition - Public Facilities for Political Purposes • Statute forbids the use of public facilities for certain political purposes. • General Rule: No public facilities may be used - for assisting an election campaign - or for promotion of or opposition to any ballot proposition. 26 Statutory Prohibition - Does Not Apply To: (1) Council in an open public meeting may express a collective decision on a ballot proposition if (a) notice of the meeting includes the title and number of the ballot proposition, and (b) Council members or the public are afforded equal opportunity to express an opposing view. Competitive Bidding Requirements Competitive Bidding Requirements • Extensive procedural requirements for municipal purchasing and public works projects. • Even when not legally required, competitive bidding is generally favored. • Secure the best bargain for the public and to discourage favoritism, collusion, and fraud. • Penalties for violations of competitive bid law. • Civil and criminal penalties against both the city and the individual officers involved in violating the competitive bidding laws. 27 Attorney - Client Issues • Washington State law requires that every city have a city attorney. • A City is not authorized to hire outside counsel except in limited circumstances. • Conflicts among divisions or departments. • Conflict Counsel. Attorney - Client Issues • The Legal Department has four major functions: • Advisory • Leaislative •Civil Litigation •Criminal Prosecution Attorney - Client Issues • Ordinances 28 Attorney-Client Issues • Who is the Client • The City • The City Manager is the one who gives my instructions Attorney-Client Issues • Confidentiality: attorney-client privilege Attorney-Client Issues • I am always available for questions 29 Trends and Emerging Issues • Increasing Complexity The Secretary of State's Office advised me that "There are so many variables to consider. Titles 35 and 35A are a maze .. Kathy McKeown, County Auditor Jan 30, 2006 Trends and Emerging Issues • Increasing scrutiny • Financial • Land use decisions • Openness • Public records • Open meetings • Ethics Trends and Emerging Issues • Increasing demands • From superordinate governments • From citizens 30 Trends and Emerging Issues • Financial pressure results in more claims • City staffing pressures Questions? 31