Loading...
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.