HomeMy WebLinkAboutCity Council Packet 07-29-1991 SpecialCITY COUNCIL STUDY SESSION
AGENDA
July 29, 1991
7:00 p.m.
7:00 - 8:00 p.m. Meet with Maryann McCoy of Ethical
Practices Board regarding implementation
of the Elections and Ethics Reform Act of
1991.
8:00 - 8:15 p.m. Discuss policy on the appointment/
reappointment of members of boards and
commissions for 1992.
8:15 - 9:15 p.m. Review proposed Uniform Consulting
Agreement for Professional Engineering
Services.
9:15 - 10:00 p.m. Review method of selecting consulting
engineers for consideration for various
public projects.
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: July 24, 1991
TO: Mayor and City Council
FROM: James G. Willis, City Manager
SUBJECT: STUDY SESSION WITH MARYANN M Y OF ETHICAL PRACTICES
BOARD
Maryann McCoy of the Ethical Practices Board will meet with the
Council from 7:00 - 5:00 p.m. to discuss implementation of the
Elections and Ethics Reform Act of 1991. Attached are two of the
documents which Ms. McCoy will discuss at the session: 1) Local
Officials Handbook, and 2) Statement of Economic Interest for
Candidate and Elected Local Official.
Also attached for background information, is a report previously
provided to the Council along with the proposed City of Plymouth
Policy regarding Economic Interest Disclosure and Conflict of
Interest Disclosure.
STATEMENT OF ECONOMIC INTEREST
Candidate, Elected Local Official 9
Metropolitan Governmental Unit
under Minn. Stat. §10A.09 3=
All information on this form
is public information)
It is unlawful to use this information`
for commercial purposes.
O1 PERIOD COVERED
through
Original Statement
Supplementary Statement
Terminatinn Ctaton,c.,r
102 INDIVIDUAL NAME
03 TELEPHONE NUMBER
04 ADDRESS(Street, City, State, Zip)
05I—_JOFFICE SOUGHT Q HELD CITY OR COUNTY
Name of Property
COUNTY COMMISSIONER
Address
Municipality, Range
Township or Section
COUNCIL MEMBER
Acreage
r7—
MAYOR
ATTORNEY
SHERIFF
OTHER (specify)
06 OCCUPATION
07 PRINCIPAL PLACE OF BUSINESS
ATTACH ADDITIONAL SHEETS IF NECESSARY TO COMPLETE SECTIONS 8 THROUGH 10)
08 SOURCES OF COMPENSATION; earned income in excess of $50 in an monthDoNOTlistbenefitsfromretirement, insurance, social security y savinggs, alimony
05)*
Srpnwntary Statement: list amount of each honorarium of more than $50 receivedsincethepreviousstatementwithname & address of source of honorarium. NO CHANGE SINCE LAST STATEMENT
Associated Business (Address (street, city, state, zip)IYour relationship with Business
09 SECURITIES HELD in which your share is 52,500 or more*
Do NOT list number of shares or value of shares
CM NO CHANGE SINCE LAST STATEMENT
Name of Security Address (street, city, state, zip) 1 Type of Security
10 REAL PROPERTY IN STATE OF MINN. in
Do NOT list homestead property nd do
0 NO CHANGE SINCE LAST STATEMENT
which your share is worth in excess of $2,500*
not list value of property
Name of Property Street Address Municipality, Range
Township or Section County Acreage
r7—
ror ari- mucuel norse racing interests on1v, include your interest and interests ofimmefatefamilymember(s) in the United States and Canada.
Any individual who signs and certifies to
be true a statement knowing it contains
false information or who knowingl omits
required information is guilty Wa
gross misdemeanor.
FILE WITH:
The Governing Body of Metropolitan
Government Unit in which you serve
13 CERTIFICATION
I,
Print or type
CERTIFY THAT THE INFORMATION CONTAINED
ON THIS FORM, OR ATTACHED HERETO, IS
COMPLETE, TRUE AND CORRECT.
Signature
ET 00032 -01 1 Date
I
r T:a ]
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: May 2, 1991
TO: James G. Willis, City Manager
FROM: Frank Boyles, Assistant City Manager
SUBJECT: COMPLIANCE WITH ETHICAL PRACTICES ACT
1. ACTION REQUESTED:
f-iC•
Q
1. The Council should adopt the policy supplied by the City
Attorney regarding compliance with the economic interest
disclosure and conflict of interest disclosure.
2. If the Council has questions about compliance it should
ask a representative of the Ethical Practices Board to
meet to respond to questions.
3. The Council should determine the deadline they wish to
have for initial filing of forms required by the act.
2. BACKGROUND: Attached is a letter from the City Attorney
providing background information about the Ethical Practices
Act. This act has applied to state employees for some years
now. The act has now been extended to cover local
government officials.
The intent of the legislation is to allow the public access
to information about any economic interest which may
influence the official actions or position of a local
government official.
All documents requir,
public data. Some
office, but most are
Board.
While a number of
compliance with the
understanding:
ed to be completed by the act, are
are maintained by the City Clerk's
sent to the State Ethical Practices
questions still remain regarding
act, what follows is our present
COMPLIANCE WITH ETHICAL PRACTICES ACT
May 2, 1991
Page 2
I. INDIVIDUALS INCLUDED:
APPOINTED OFFICIALS
A. City manager, city attorney, six department
heads.
B. Forms to file:
1. Original Statement of Econom Interest -
Must be completed and filed with the city
clerk and City Council within the time
period allotted for initial compliance by
the City Council. New appointees in the
positions listed above, must file when
appointed.
2. Supplementary Statement of Economic
Interest - In the event that the economic
interest of an appointed official changes
while in office, a supplementary statement
must be filed with the city clerk and
Metropolitan Council.
II. INDIVIDUALS INCLUDED:
ELECTED OFFICIALS
A. Mayor and City Councilmembers.
Statement of Economic
B. Forms Required: ,.
Interest - Upon filing for office, a candidate
must complete and file this form with the city
clerk and City Council. If elected, the
candidate must file this form as a supplement
from time to time as his or her economic
interests change.
III. BOTH ELECTED AND APPOINTED OFFICIALS
A. Forms to File:
1. Potential Conflict of Interest Notice - If
an elected or appointed official must act
upon an issue for which he or she believes
there is a potential conflict of interest,
he /she must complete and file this form.
The form is to be filed with the city
clerk.
2. Notice of Inability to Abstain from
Potential Conflict of Interest Notice - An
elected or appointed official who must act
upon an issue, i.e., is unable to abstain,
COMPLIANCE WITH ETHICAL PRACTICES ACT
May 2, 1991
Page 3
must file this notice with the governing
body for maintenance by the city clerk
within one week of the action taken.
3. Notice of Appointment of Local Official -
If a new official is appointed, or
elected, the city clerk must file this
form with the Ethical Practices Board.
4. Statement of Termination as a Local
Official - If an appointed or elected
official discontinues his or her capacity,
the city clerk must file this form with
the City Council.
IV. LOBBYIST REGISTRATION -Under the Act, an
individual or organization which meets certain
criteria, must complete a Lobbyist Registration
for filing with the Ethical Practices Board. This
includes developers and others who may attempt to
influence local governing bodies, Metropolitan
Council, or State Legislature. This is the sole
and exclusive responsibility of the respective
lobbyist and is not something which the City is
charged with responsibility to maintain.
3. RECOMMENDATIONS AND CONCLUSIONS: If the Council believes
that sufficient information about the act and compliance has
been provided here, then it would be appropriate to
establish a deadline by which each of the local officials,
as set forth above, should file with the City Clerk, their
original Statement of Economic Interest. If different than
June 1, 1991, the proposed policy provided by the City
Attorney, should be amended to reflect the effective date.
If the Council has further questions above this issue, it
would be appropriate to direct the staff to arrange for a
meeting with the Ethical Practices Board representative in
order that those questions can be resolved prior to adoption
of the policy.
Each Councilmember has been supplied with a copy of the
Statement of Economic Interest form to fill out and file
with the City Clerk in the event that the Council desires to
implement the policy immediately with a June 1 deadline for
filing.
FB:kec
attachment
JAMES J. THOMSON
Attorney at Law
Direct Dial (612) 337 -9209
April 30, 1991
Mr. Frank Boyles
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
HOLMES & GRAVEN
CHAR'T'ERED
470 Pillsbury Center, Minneapolis, Minnesota 55402
612) 337 -9300
Re: Policy Regarding Compliance With Ethical Practices Act
Dear Frank:
Enclosed is a draft policy for the City Council's consideration
regarding compliance with the Ethical Practices Act. Compliance
with the Act is mandated by state law. Local units of government
are required to designate the persons who are "local officials"
within the meaning of the Act. The Act defines a local official
as any person holding elective office or an employee or appointee
who has the authority to make or recommend major decisions
regarding the expenditure of public money.
There is a bill currently pending in the legislature that would
amend the definition of "local official." I do not believe that
the amendment would necessitate any changes to the draft policy,
but I will review that issue if the bill passes.
I believe that it would be helpful if a representative of the
Ethical Practices Board came and met with all of the people that
are required to make the disclosures. I have contacted the EPB's
executive director, and she indicated that she would be happy to
attend such a meeting.
There is no deadline set forth in the state law for filing the
initial economic disclosure statement. I have selected June 1,
1991 as the date, but the Council can choose a later date. I
E
y
T
l
Re: Policy Regarding Compliance With Ethical Practices Act
Dear Frank:
Enclosed is a draft policy for the City Council's consideration
regarding compliance with the Ethical Practices Act. Compliance
with the Act is mandated by state law. Local units of government
are required to designate the persons who are "local officials"
within the meaning of the Act. The Act defines a local official
as any person holding elective office or an employee or appointee
who has the authority to make or recommend major decisions
regarding the expenditure of public money.
There is a bill currently pending in the legislature that would
amend the definition of "local official." I do not believe that
the amendment would necessitate any changes to the draft policy,
but I will review that issue if the bill passes.
I believe that it would be helpful if a representative of the
Ethical Practices Board came and met with all of the people that
are required to make the disclosures. I have contacted the EPB's
executive director, and she indicated that she would be happy to
attend such a meeting.
There is no deadline set forth in the state law for filing the
initial economic disclosure statement. I have selected June 1,
1991 as the date, but the Council can choose a later date. I
Mr. Frank Boyles
April 30, 1991
Page 2
recommend that the date be no later than 60 days after the
adoption of the policy.
Sincerely,
J VJThomson
JJT /amm
Enclosure
cc: James Willis
Laurie Rauenhorst
CITY OF PLYMOUTH POLICY REGARDING ECONOMIC INTEREST
DISCLOSURE AND CONFLICT OF INTEREST DISCLOSURE
The State Ethics in Government Act (Minnesota Statutes,
Chapter 10A) requires local officials in cities in the
metropolitan area with a population over 50,000 to file economic
interest disclosure and conflict of interest disclosure
statements. The Minnesota Ethical Practices Board has provided
forms for the disclosure of such information.
The City Council deems it in the best interest of the public
that local officials comply fully with the State Ethics in
Government Act. The Act defines a local official as a person who
holds elective office in the City or who is appointed to or
employed in a public position in the City in which the person has
authority to make, recommend, or to vote on as a member of the
governing body, major decisions regarding the expenditure or
investment of public money.
The persons holding the following positions are determined
to be local officials for purposes of filing economic interest
and conflict of interest disclosure statements:
1. Mayor
2. City Council members
3. City Manager
4. Assistant City Manager
5. Director, Community Development Department
6. Director, Finance Department
7. Director, Park and Recreation Department
8. Director, Public Safety Department
9. Director, Public Works Department
10. City Attorney
Persons holding any of the above - referenced positions shall
file their initial statements with the City Clerk on or before
June 1, 1991. The City Clerk is authorized to file a copy of all
statements with the Ethical Practice Board.
r
I
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: July 25, 1991
TO: Mayor & City Council
FROM: James G. Willis, City Manager
SUBJECT: DISCUSSION OF POLICY ON APPOINTMENT /REAPPOINTMENT OF
MEMBERS TO BOARDS AND COMMISSIONS FOR 1992
Earlier this year the City Council directed that this item be
placed upon a study meeting agenda. It is my understanding that
the Council desires to clarify the following issues with respect
to appointments and reappointments to boards and commissions:
1. Is it most appropriate for terms to expire on January 31, or
some other time?
2. Who should be interviewed? Should existing members whose
terms are expiring be interviewed along with new applicants?
3. Can a timeline be established each year so that positions
can be filled prior to the actual expiration of the terms?
4. Should all Councilmembers interview each candidate, or does
the Council desire to use subcommittees to handle this
function? Should applications be screened and only some
formally interviewed?
5. How are performance criteria factored into the reappointment
process?
I have attached a copy of the existing policy on this subject for
Council information. If the Council desires, conclusions reached
at this meeting could be incorporated into the policy for
consideration at the August 5 Council meeting.
JW:kec
attachment
POLICY RELATING TO SELECTION, PERFORMANCE AND ORIENTATION OF
PERSONS APPOINTED TO BOARDS, COMMISSIONS AND COMMITTEES
Resolution No. 91 -265
May 6, 1991
Supersedes Res. 81 -31, Jan. 5, 1985; Res. 85 -103,
Jan. 28, 1985; Res. 86 -506, Aug. 18, 1986)
The material in this policy is supplemental to that set forth in
Plymouth City Code Section 305 and Minnesota Statutes with
respect to advisory commissions. This policy shall apply to all
boards, commissions and committees appointed by the City Council
unless exceptions are expressly made by the Council.
This policy is designed to accomplish the following:
1. Generally describe the function of each commission, the role
of the individual commissioners, and the time commitment
required for successful participation.
2. Acquaint applicants and incumbents with performance
standards against which their performance will be annually
evaluated by the City Council.
3. Concisely outline the legal and civic expectations of
commissioners and commissions.
4. Familiarize commissioners with the formal duties and
responsibilities of individual commissions with respect to
legal and procedural requirements.
5. Establish the general procedures the City Council will
follow for appointment and reappointment of members to
boards, commissions and committees.
Format
The format of the orientation program consists of both written
material and oral information provided by City staff, commission
chairpersons and the City Council to prospective members.
1. Written material.
A. Summary of position and responsibilities. This
document is a pamphlet made available to prospective
applicants the time of application. It describes the
positions and responsibilities of all the commissions
and further summarizes the job description.
4
B. Introductory Racket. Assembled by respective staff
liaison, and commissions, the packet consists of
information such as: a general overview of the legal
and procedural aspects of advisory commissions per
statutes, ordinances and policies; description of
agenda and staff report functions, format for
conducting public hearings, including basic
parliamentary procedures and approved "flow process"
relative to items of business before the advisory
commission and City Council. Also included are copies
of applicable ordinances, portions of the Comprehensive
Plan, a copy of the City's Goals and Objectives and
Criteria for development, a sample staff report, agenda
and minutes, and appropriate maps.
2. Oral Information
A. Conveyed to prospective commissioners by the Mayor and
City Council primarily at the interview and selection
stage of the appointment process. Special emphasis is
placed upon the expectations of the Council and current
commissioners for new commission members.
B. Provided initially and on an ongoing basis by the
Commission chairpersons, particularly about procedures
and participation in a group setting. A "buddy system"
is used to assign more experienced commissioners to
help orient and advise new commission members.
C. Provided by staff, particularly in answering questions
raised following review of the written materials and
with respect to technical information regarding
specific commission business.
Performance Standards for Board and Commission members
At least annually, and normally in December, the Council will
review board and commission members on the following:
1. A minimum of 80 percent annual attendance at meetings and
work sessions.
2. Commissioners spend from 10 to 40 hours per month as needed
for commission preparation and meeting attendance.
3. Consistent active participation in meetings which
demonstrates completion ofd
a. background research,
b. site visitations,
c. reading all report materials to gain an
understanding of the issues before the commission.
4. Behavior confirms that the commissioner understands that the
role of the commission is advisory by statute and not policy
making.
5. In all decisions the commissioner considers overall benefit
to the City, not parochial considerations.
6. The commissioner displays an understanding that Council may
take final action which varies from Commission
recommendations after consideration and deliberation.
Following is an outline of the appointment process and the way in
which the orientation program integrates with it:
1. The City Manager's office will maintain a record of all
council appointments to boards, commissions, and committees
and will notify the Council of: a) vacancies; and b)
existing members who do not wish to be reappointed. On the
basis of this information the Council solicits applications
by advertisement or newspaper article.
2. Citizen inquires about position.
3. This policy, "Information to Applicants" and an application
form are provided to applicant.
4. Following review of applications, the City Council
determines which candidates it wishes to interview and
interviews applicants and discusses the position and
expectations.
5. The Council selects and appoints. The Council may wish to
once more meet with the appointee to discuss expectations
and responsibilities.
6. The appointee meets with the chairperson of the commission
and discusses in particular the rules and procedures
followed by the commission as well as techniques for
assuming the role of an active commissioner.
7. The appointee meets with staff. The appointee would be
provided with the written material at this stage and the
discussion with staff would include a brief overview of the
significance of the particular material as well as the
procedures and legal requirements.
Length of Terms and Maximum Service
1. The Council recognizes that there is a need for reasonable
continuity on its permanent boards and commissions, and to a
lessor degree, other bodies which generally tend to be
appointed for specific tasks. The Council also recognizes
that there exists in the community a reservoir of citizen
talent willing to serve on boards, commissions, and
committees. In order to strike a balance between continuity
of membership and providing additional opportunities for
volunteer service, the Council has determined that
appointments to its boards, commissions, and committees
shall be for a maximum of two consecutive terms, not to
exceed six years.
2. In the event of a vacancy on a board or commission position
during the term of the position, it shall be the Council's
practice to fill the position for the unexpired portion of
that term.