HomeMy WebLinkAboutAgenda Packet 02/25/2014
NOTICE OF SPECIAL MEETING
PORT ANGELES CITY COUNCIL
NOTICE IS HEREBY GIVEN
that the City Council of the City of Port Angeles will hold a special
meeting on Tuesday, February 25, 2014, at 5:00 p.m., in the City Council Chambers at City Hall, 321
East Fifth Street. The agenda is as follows:
1. City Council Orientation
2. Update on Proposed Shared Marine Campus Facility
Janessa Hurd, CMC
City Clerk
Issued: February 24, 2014
Distribution: Peninsula Daily News
KONP Radio
Port O’Call News
Front Lobby (Post)
Webmaster
City Fundamentals
A Conversation
about
Basic Laws and Principles
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 Recognize
The Role of the City Attorney
What is a City
What is a City
Cities are “municipal corporations.”
As corporations, like private corporations,
cities are capable of contracting, suing,
and being sued.
As “municipal” corporations, however,
their functions are wholly public.
What is a City
What it is not
Different from other local governments
City Government is not Business
•Profit v. non profit
•Self interest v. community interest
What Powers Does a City
Have
Powers
Cities are not sovereign entities.
They have only powers granted to
them by the constitution and laws of
the state.
Cities are subject to limitations
imposed by state law.
Powers
Not all cities have the same powers.
Rights and limitations depend on
Classification.
First, second, towns, charter, non-
charter
Each classification has its own
governing laws.
Powers
Port Angeles =
non-charter, code city
with council –manager system
How Is A City Governed
How Is A City Governed
In Port Angeles:
Limited Role of Mayor
Council -Manager Form
(Port Angeles)
VOTERS
|
COUNCIL
|
CITY MANAGER
| | | | | |
DEPARTMENT HEADS
Mayor -Council
(Not Port Angeles)
VOTERS
| |
MAYOR COUNCIL
| | | | | |
DEPARTMENT HEADS
How Is A City Governed
The United States
Washington State and
The City of Port Angeles are
Republics
How Is A City Governed
City government is structured the
same. Three separate branches:
legislative, executive, and judicial.
The Separation of Powers Doctrine.
Each branch exercises defined
powers.
How Is A City Governed
The City Manager’s role is
administrative(executive).
The municipal court exercises
judicialfunctions within the
jurisdiction of the city.
What is the Role of Council
Role of Council
The City Council is the legislative
branch.
Council members are elected to
legislatefor the City.
Role of Council
Through legislation, Council
members set law and policy as
representatives of all citizens of the
city.
As a Council member you have
broader responsibilities than other
citizens.
Role of Council
For representative government to
function properly, Council members
should:
Support best interests of the public,
Weigh competing interests, and
Consider impacts of actions across the
entire community.
Role of Council
Council members should:
Hear all sides of an issue.
Study all measures brought before
them.
Vote on all measures brought before
them.
Publicly explain their vote.
Role of Council
Individual voters are not obligated
to do any of those things.
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.
Role of Council
Limitations
No individual council member speaks
for the City
No role in administration of the City
Mayor –
•Chair meetings
•Ceremonial
City Manager
The City Manager is the chief
administrative officer of the City.
The City Manager represents the
Executive branch of government.
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.
Cf. City Council / City
Manager –Operations
City Council
Decide what governmental services the City
will provide.
Cause the City to own and operate utilities.
City Manager
Has the authority (and duty) to administer the
day-to-day operations 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.
Cf. City Council / City
Manager –Claims
City Council
Authorize lawsuits by the City.
Approve claims against the City.
City Manager
Direct the conduct of lawsuits by and against
the City.
Negotiates claims.
Cf. City Council / City
Manager -Property
City Council
Authorize the acquisition, sale, and ownership
of real property.
Grant franchises for the use of public ways.
City Manager
Manages real property of the City and the
acquisition, sale, and ownership of real
property.
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.
City Manager
Administer and enforce zoning and
development codes.
Cf. City Council / City
Manager -Finance
City Council
Exercises general oversight and control over the
jurisdiction’s finances.
•budget process.
Impose taxes.
Approve all City exenditures.
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 -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
Council members are prohibited
from involvement in personnel
decisions.
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.
Some Laws You Should
Recognize
Laws Relating to Conduct
Public Records
Appearance of Fairness
Duties and Liabilities
Ethics / Conflicts of Interest
Open Meetings
Public Funds and Facilities
Bidding
Public Records
The Public Records Act deals with
the public’s right to inspect and/or
copy information concerning the
conduct of government.
Covered in a separate presentation.
Public Records
Do not destroy public records.
Significant criminal penalties.
Forfeiture of office.
Permanent ban from holding public
office.
Appearance of Fairness Doctrine
The appearance of fairness doctrine
applies to “quasi-judicial” actions.
An exception to the customary work
of a City Council.
Appearance of Fairness Doctrine
Such hearings should be governed
by the same strict fairness rules that
apply to cases in court.
Appearance of Fairness Doctrine
Fundamental principle of the rule is
that such hearings
be fair
and
appear fair.
Appearance of Fairness Doctrine
During the pendency of any quasi-judicial
proceeding,
-no member of a decision-making body
may engage in ex parte (outside the
hearing) communications
-with proponents or opponents about a
proposal involved in the pending
proceeding.
Appearance of Fairness Doctrine
City Council members participating in a
quasi judicial action must not:
Have a personal interest in the
outcome.
Have bias toward a pending application.
Appearance of Fairness Doctrine
City Council members participating in a
quasi judicial action must not:
Pre-judge a pending application.
Act from hostility or favoritism.
Decide based on facts or opinions
outside the record.
Appearance of Fairness
Doctrine
Where there is a disqualification under
this Doctrine, the disqualified member is
required to completely disassociate him
or herself from the case:
leave the room and do not discuss the case.
Appearance of Fairness Doctrine
Council must:
Decide in open session.
Prepare written findings of fact and
conclusions of law in support of their
decision.
Approve the findings and conclusions in
open session.
Appearance of Fairness Doctrine
If a violation is proved, the decision
is invalidated.
A new hearing must be conducted
without the disqualified decision-
maker.
The practical result is delay,
expense, and duplicative work for all
the parties.
Duties and Liabilities
Duties and Liabilities
The king can do no wrong.
Duties and Liabilities
In 1961 the Legislature eliminated
sovereign immunity. So:
Cities are liable for their tortious
conduct, and
the tortious conduct of their officers,
employees, or volunteers.
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
Higher level 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.
Duties and Liabilities--Duties
as Trustees or Fiduciaries
Courts have held:
Public office to be synonymous with
public trust.
Expressly recognized in various
statutes.
Ethics /Conflicts of
Interest
Ethics--Application
The act applies to all cities.
The standards are considered to be
minimum ones.
The word “contract” includes
employment, sales, purchases,
leases, and other financial
transactions of a contractual nature.
Ethics
It is your responsibility to recognize a potential
conflict and act accordingly.
Conflicts of interest can have serious
consequences.
A contract made in violation of the chapter 42.23 RCW
is void,
and any officer violating its provisions is liable for a
$500
and may be subject to forfeiture of office.
Although chapter 42.23 RCW does not impose criminal
penalties, criminal penalties may be derived from other
statutes.
Ethics –Prohibited
These actions are prohibited.
When faced with these situations, a
city council member must choose:
Resign
OR
Forgo the prohibited act and remain on
the council.
Ethics --Prohibited
A member who has a forbidden
interest may not escape liability by
abstaining from the governing
body’s action in making or
approving the contract.
Ethics –Prohibited
A beneficial interest in a contract,
Four defined acts,
Dual offices, and
Incompatible offices.
Ethics –Prohibited
Contracts:
No municipal officer shall be beneficially
interested, directly or indirectly, in any contract
made under the supervision of such officer
No municipal officer shall accept, directly or
indirectly, any compensation, gratuity or reward
in connection with such contract
Some exceptions
Ethics –Prohibited
Prohibited Financial Interests
A council member may not vote on a
matter (other than a contract) where
he or she would be especially
benefited.
Prohibition against mid-term or post-
election pay increases or decreases.
Ethics –Prohibited
With some exceptions, municipal officials
are forbidden from having personal
financial interests in City employment.
Ethics –Prohibited
Prohibited Acts:
1. No municipal officer may use his or her
position to secure special privileges for
himself, herself or others;
Ethics –Prohibited
Prohibited Acts:
2. No municipal officer may, directly or
indirectly, give or receive any
compensation, gift, gratuity, or reward
from any source, for a matter connected
with the officer’s services, except the
employing municipality;
Ethics –Prohibited
Prohibited Acts:
3. No municipal officer may accept
employment or engage in business that
the officer might reasonably expect
would require him or her to disclose
confidential information acquired by
reason of his or her official position;
Ethics –Prohibited
Prohibited Acts:
4. No municipal officer may disclose
confidential information gained by reason
of the officer’s position, nor may the
officer use such information for his or her
personal gain.
Ethics –Prohibited
This last provision is significant because
it applies to disclosure of information
learned by reason of attendance at an
executive session
Ethics –Prohibited
Dual Office-Holding
It is unlawful for a public officer to
hold another public office unless
clearly authorized by statute to do
so.
Same organization
Ethics –Prohibited
Incompatible Offices
rohibits an individual from
P
simultaneously holding two positions
that are “incompatible.”
Different organizations
•City Manager and county commissioner
•County engineer and city engineer
•City Manager and council member
•City marshal and council member
•Others.
Ethics –Situations that
Impose Limitations
Remote Interests
Quasi-Judicial
Common law Conflicts of Interest
Ethics-Situations that
Impose Limitations
Member must disclose, not lobby, and vote cannot
be counted:
Remote Interests.
A "remote interest" is:
a non-salaried officer of a nonprofit corporation;
an employee of a contracting party where the
compensation of such employee consists entirely of
fixed wages or salary;
a landlord or tenant of a contracting party; or
a holder of less than one percent of the shares of a
corporation that is a contracting party.
Ethics-Situations that
Impose Limitations
In the event a council member has a
remote interest in a contract, the City can
make the contract, and the member is
not required to resign.
The member must
disclose the extent of his or her interest,
not vote, and
not attempt to influence any other officer of
the municipality to enter into the contract.
Ethics-Situations that
Impose Limitations
Member must Abstain: Common
Law Conflict of Interest. In this
situation, the council can act on the
matter before it, but the council
member should not vote on, for, or
against the matter.
Ethics
There are some gray areas in the
application of these rules.
If you have any concerns about a
potential conflict, or what to do in
the event of a conflict, please feel
free to contact me in advance so we
can discuss it.
Exceptions
Some exceptions from the
provisions of the Act.
A municipal officer may have limited
interests in municipal contracts,
under certain circumstances.
Ethics --Application
Always advisable to avoid even the
appearance of impropriety.
Duty of each council member to be
aware of ethical considerations.
Ethics –What to do
When a city council member determines that one of these
rules applies, the member should:
(1) decide early;
(2) state on the record the interest;
(3) state the course of action the member will follow
(as an example, “I will not vote on this issue and will not
participate in deliberation”);
(4) and then follow through. Once the course of
action is declared, the member should not later deviate
from it.
Ethics –City’s Code
Chapter 2.78 City Of Port
Angeles Code Of Ethical Conduct
Council Meetings
The Open Public Meetings Act
The OPMA requires that all meetings
of municipal governing bodies, even
informal sessions, be open and
accessible to the public.
A “meeting” generally includes any
situation in which a majority of the
council meets and discusses City
business.
The Open Public Meetings Act
Limited exceptions.
Social gatherings are expressly
excepted
unless the body’s business is discussed
at the gatherings.
Open Meetings
CAUTION:
E-MAIL and SERIAL MEETINGS
Open Meetings
Violation/Remedies:
Ordinances, rules, resolutions, orders, or
agreements, or secret ballots taken, in
violation of the Act are invalid.
Civil penalties.
A person prevailing against an agency is
entitled to all costs including reasonable
attorneys’ fees.
Conduct of Meetings
All persons must be permitted to
attend, except unruly persons.
Attendance may not be conditioned
upon registration or similar
requirements.
Conduct of Meetings
In cases of disorderly conduct:
Specific actions available
Conduct of Meetings
Council may adopt its own rules of
procedure
Otherwise, generally follow Roberts
Rule of Order
Conduct of Meetings
Mayor presides at meetings
may adjust flow of meeting
First reading of ordinances –Policy
Not required by law, but many cities do
Two Kinds of Meetings
Regular Meetings
And
Special Meetings
Regular Meetings
A recurring meeting held according
to a schedule fixed by ordinance.
There is no statutory limitation as to
the kind of business that may be
transacted at a “regular” meeting.
Regular Meetings
Statutes do not require notice of a
regular meeting.
City must have a procedure for
notifying the public of all preliminary
agendas.
Adjournments/Continuances
Any meeting (including hearings) may be
adjourned or continued to a specified
time and place.
Less than a quorum may adjourn.
The clerk may adjourn, if no members
are present.
An adjourned regular meeting continues
to be a regular meeting for all purposes.
Special Meetings
Any meeting other than “regular.”
May be called by the Mayor or a majority
of the members.
Must be written notice to all members of
the governing body; also to members of
the news media who have filed written
requests for such notice.
Special Meetings
The notice of a special meeting:
Must specify the time and place
The business to be transacted.
Must be delivered personally or by mail
24 hours in advance.
Not necessary in emergencies.
Meeting v. Hearing
Meeting
Legislative
Quasi Judicial
•Limited to the record
Meeting v. Hearing
Hearing
Legislative
Quasi Judicial
Hearing is not a conversation
Executive Sessions
Definition (as commonly
understood):
That portion of a meeting from
which the public may be excluded.
Information learned in executive
session is confidential.
Conduct of Executive Sessions
An executive session must be part of a
regular or special meeting.
The presiding officer must announce
the purpose for excluding the public and
the time when the executive session will
conclude.
•The time may be extended by announcement of the
presiding officer.
Conduct of Executive Sessions
Cannot take “action” in Executive
session.
Adoption of an ordinance, resolution,
motion, regulation, order or
directive must be done in open
meeting.
Conduct of Executive Sessions
Executive session only for purposes
authorized by statute
Authority is limited
7 typical reasons to authorize
executive session
Cities cannot use public
money for…
Prohibited Uses of Public
Funds, Property, or Credit
he Washington State Constitution
T
requires that public funds be spent
only for public purposes.
It also prohibits use of public money
for any purpose not authorized by
law.
Prohibited Uses of Public
Funds, Property, or Credit
Prohibition against Gifts/Lending of
Credit.
Public Funds, Property, or Credit
A city is often asked to assist with
recreational facilities, economic
development, 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).
Public Funds, Property, or Credit
In recent years, cities have been
authorized to engage in several programs
that previously were prohibited.
Example: 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.
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
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.
Competitive Bidding
Requirements
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.
Competitive Bidding
Requirements
Competitive bidding not required for
service contract.
Except, engineering, architectural, and
land surveying services require a RFQ
process –different than competitive
bids.
Role of the City Attorney
Municipal Law
Role of the City Attorney
Increasing Complexity.
The Secretary of State's Office advised me that "There are There are
so many variables to consider. Titles 35 and 35A are a so many variables to consider. Titles 35 and 35A are a
mazemaze….."
Kathy McKeown, County Auditor
Jan. 30, 2006
Role of the City Attorney
Increasing scrutiny
Financial
Land use decisions
Openness
•Public records
•Open meetings
•Ethics
Role of the City Attorney
I am not your lawyer
Role of the City Attorney
Who is my Client?
The City
Role of the City Attorney
The Legal Department has four major
functions:
•Advisory
•Legislative
•Civil Litigation
•Criminal Prosecution
Role of the City Attorney
Advisory:
Role of the City Attorney
Legislative:
Civil Litigation:
Role of the City Attorney
Criminal Prosecution:
Role of the City Attorney
and Legal Ethics
Confidentiality: attorney-client
privilege
Legal ethics
Questions?
PortAngelesConferenceFacility
PortAngelesConferenceFacility
CityCouncilWorksession
February25,2014
NathanWestDirectorofCommunityandEconomicDevelopment
History&PriorStudies
History&PriorStudies
1991TheNewLanding(5000sqft,..plus)
•
1991TheNewLanding(5000sqftplus)
19941996MultimodalTransportationReports
•
1997ChbamerofCommerceSdtuy
•
99ChbfCSd
2001HolidayatthePierStudy(9,605sq.ft.)
•
2002EHMArchitecture(10,000sq.ft.)
•
2004PromusStudy(5000sqft,..200400)
•
2004PromusStudy(5000sqft200400)
NOAAFeiroPreDesign
NOAAFeiroPreDesign
June5,2012,CouncilapprovedPredesignRFP
•
June52012CouncilapprovedPredesignRFP
201213,FeiroupdatestoCouncilmembers
•
May21,2031,CilouncrevidewefilnaPre
•
2203Cilidfil
Designstudyandauthorizedstaffto
ilmpementstudyrecommendiatons
ilddi
July16,2013,CouncilapprovedNOAAFeiro
•
MemorandumofAgreement
Summer2013,discussionswithNeeserInc.
•
,
CityInterest
CityInterest
InvestmentthatcoincideswithWaterfront
•
InvestmentthatcoincideswithWaterfront
Presentourselvesprofessionally
•
Lackofconffiliactyliimtsoffpeaktourism
•
kfffililiiffki
Opportunityforsharedapproach
•
Oneelementofalargerbuilding
•
Privatesectordrivendevelopment
•
Privatesectordrivendevelopment
EstablishedCityPosition
EstablishedCityPosition
Citywillnotoperateormaintain
•
Citywillnotoperateormaintain
CitywillincurnoGeneralFunddebt
•
Citywillincurnocapiltaconstructioncosts
•
Ciilliili
Citycouldenteralongtermlease
•
3,600Sq.ft.Approx200300capacity
•
Largerspaceisdesirableifcostsshared
•
Largerspaceisdesirableifcostsshared
NextSteps
NextSteps
Escalatinglevelofcommitmentw/offramps
•
Escalatinglevelofcommitmentw/offramps
MemorandumofAgreementwithNeeser
•
Refh/dresupateCityconferencecenterstudies
•
fh/dCifdi
Contingentleaseagreement
•
Prerequisite1.Α5ĻǝĻƌƚƦĻƩProForma
–
Prerequisite2.ΑDeveloperBusinessPlan
–
EffectLeaseagreement
•
CouncilDiscussion
CouncilDiscussion
DiscussCouncilsupportforconferencecenter
•
DiscussCouncilsupportforconferencecenter
DiscussCitypositionsonfunding/operation
•
Addiiltonaifinormatonthatmaybehlflepufor
•
ddiilifihbhlflf
futureCouncildecisions
Questionsforstafffollowup
•