CITY HALL, 100 LOCKVILLE ROAD
MONDAY,
SEPTEMBER 11, 2006
REGULAR
MEETING
7:00
P.M.
1. ROLL CALL. Mrs. Riggs called the meeting to order at 7:00 P.M., with roll call as follows: Mr. Sabatino, Mr. Fix, and Mrs. Riggs were present. No members were absent. Others present were Lynda Yartin, Phil Hartmann, Keith Smith, and others.
2. APPROVAL OF MINUTES OF AUGUST 7, 2006, Regular Meeting. Mr. Fix moved to approve; Mrs. Riggs seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mrs. Riggs and Mr. Fix voting “Yea.” Motion passed, 2-0.
3. SCHEDULED MATTERS:
A. Review and discussion regarding draft policy for Council communication procedures. Mrs. Riggs stated this dealt particularly with communication with the law director and the engineer. She stated further if requests were made that were outside of the scope of the contract, it costs the City additional dollars and we want to make sure we do a good job of managing those dollars. She stated the suggestion is that we come up with a procedure so we can all be aware of who is contacting the law director or the engineer, and for what reasons. Mr. Fix stated this policy would apply to City staff as well, other than the Finance Director and the Municipal Clerk. Mr. Fix stated he would recommend that any activity that is asked of any staff member, or outside contractor that is outside the scope of their contract, any request for their time go through the City Manager. He stated if the City Manager does not provide the councilperson with the answer they are looking for, they could then go to the appropriate committee or council for that approval. Mrs. Riggs stated we need to be careful because we do not want to create more bureaucracy and we need to be able to get business done. She stated this is a balancing act, and perhaps we can create a form where a council person or staff member could complete the form, it would go to the City Manager, and if the City Manager felt it was something that needed to be researched or it was not a priority, she would let the individual know. Mr. Sabatino stated he did not have a firm grip on what they were actually asking for and questioned if there was something in writing to look at. Mrs. Riggs stated the purpose of this meeting was to brainstorm and try and come up with something. She stated she spoke with Mr. Hartmann briefly today and Dublin has a fairly good policy that centers around staff. Mr. Hartmann stated there is also an unwritten policy regarding how they deal with the law director. Mr. Hartmann stated, obviously, any council member can contact the law director for questions and answers, but if it is to ask for an assignment of any kind, it has to be a majority of council. He stated at the end of Council, Dublin will ask for motions under other business to direct the law director to do whatever it is. He stated this can be tailored for committee level as well, and it can be done by a simple motion. He stated this helps when a single Council member asks them to do assignments. Mrs. Riggs clarified this helped not only when the assignment was outside the scope of the contract, because sometimes they are asked to do conflicting things. Mr. Sabatino stated he felt if something was asked for that was covered by the retainer, then any council person should be able to ask for it any time that they wanted to. Mr. Hartmann stated he had no problem with that, but he thought the issue that was trying to be avoided was one person asking for things to be done that the rest of council did not feel was necessary. Mr. Sabatino stated he thought that was getting into usurping the rights of the people that have been elected to have the ability to get their questions answered. He continued that if it was in the scope of the contract, and does not cost the City any more, then any councilperson should be able to contact the law director without getting anyone’s permission to do so. Mr. Fix stated he felt that was where the City Manager came into play, and Mr. Sabatino stated he did not think so because the City Manager does not have veto power over any council member. Mr. Fix stated he was not saying veto power, he was saying it was the City Manager’s job to manage the resources of the City, of which our law director is one. He continued that theoretically, any council member could use hundreds of hours in research just for the sake of it, or for something they wanted to look at that the rest of council didn’t really care too much about. He stated he felt it was reasonable that the City Manager have a say in that, and if the council person does not get the answer they are looking for from the City Manager, then that council person has the ability to take it to any committee or council in general. Mr. Sabatino stated his point was, if we were trying to take away the rights of a councilperson. He stated if a constituent came to him with a question, and he needed to contact the law director, and it was in the realm of his monthly retainer, then he felt that was all the further it needed to go. He stated he did not feel he should have to ask permission from the City Manager or any other council member to get an answer for his constituent. Mr. Hartmann stated he has always tried to remain neutral and he is not advocating any position. He stated further there is no problem and Mr. Sabatino’s position made sense, anyone can call and ask a question. He continued, however, when it becomes a significant assignment, that is when the issue of whether there should be a significant assignment and time spent on that issue. He stated that is where other cities have run into problems, when they have one person requesting and monopolizing the law director’s time. He stated that is the issue he felt was the concern. He stated if a constituent asked a council member a question, and all it took was a call to the law director to get that answer, that is not what we were talking about here, we are talking about spending 20, 30, or 40 hours of legal work. Mrs. Riggs stated as an example, we had a council member contact the law director in regard to a paper township. She stated there was then an article in the newspaper and she was being contacted by the media on an issue that had never been discussed as council as a whole. She stated it is not about every day issues, but about effective communication among Council. She stated in that instance, she had no idea that was even going on. Mr. Sabatino stated he agreed with Mrs. Riggs, and he felt the same thing happened with the JEDD/CEDA issue. Mrs. Riggs stated this deals not with just the law director, we also have the engineer. She stated she did not feel this would keep council members from contacting the law director with issues that are within the scope of the contract and are easy questions to answer. Mrs. Riggs stated she was looking for a way to communicate effectively so that all council members know what is going on, and she felt this was something worth taking a look at. Mrs. Riggs stated she would like to have Mr. Hartmann put something together that this committee can look at, and then have further discussions. Mr. Hartmann stated it sounded like there were two issues. He stated if a council person requests him to do something before he wants to present it to council, he does not talk to anyone else about it and he does not disclose what is going on, because it is a council member who is trying to put something together to present to council. Mr. Hartmann stated if there is an issue that the law director has been asked to do something, he does not have a problem copying it to everyone, but they do not do that right now. Mr. Sabatino stated if council were going to request the law director do something that is outside the scope of the monthly retainer, and fell into the category of special rates, that was something different. Mrs. Riggs stated this would also make Council aware of how we are spending our money and documenting our contractual services so when we go out for bid again, and we also know what areas we need to take a look at when we budget for the law director. Mr. Fix stated he felt this type of policy would protect the City from council members going off and doing whatever they wanted. He stated he did not feel they should be allowed to spend taxpayer money on their own as council members. He stated they should at least be required to have the majority of a committee or the majority of council to agree that the expenditure was viable and made sense for the whole community. Mr. Sabatino stated as long as it did not deal with public information requests that should be available to any member. Mr. Fix stated public information requests were a totally different subject, anyone can request that. Mrs. Riggs clarified that public information requests were in the scope of the retainer.
Mrs. Riggs stated she would like to try and formulate a policy that does not stop council from doing business, does not add more bureaucracy to the process, whether at Council under ‘Other Business’ or through a form to the City Manager. She stated the City Manager could put that request out to all council members, because another member may be thinking the same thing. Mr. Sabatino stated he felt communications with this body has been very lacking, and if we had communication then we may not need this policy. Mr. Sabatino stated on that basis, if we could foster better communication then he was for it. Mr. Hartmann stated it sounded like everyone was in agreement on anything that creates any work above and beyond the general retainer, so that is a good start. Mrs. Riggs stated this should also include the engineer. Mr. Hartmann stated that was correct. Mr. Fix stated anything that dealt with the city staff; that should go through the City Manager. Mrs. Riggs stated perhaps we could come up with a form that contained the purpose, the intent, and the process. Mr. Hartmann stated he would like clarification on the disclosure. He questioned if everyone should be copied on every item if he were asked a question. Mr. Fix stated if it is a work in progress, it is up to the individual council member to let everyone else know. Mr. Fix stated once it is approved by a committee or by Council for a council member to work with the law director on any project, it is up to that council member to foster communications between all council members. He stated he felt it was up to the law director to work with that council member on that project. Mrs. Riggs stated she would request the law director to put together a draft policy, and at the next Rules Meeting they will look at it and determine if changes need to be made prior to taking it to council.
4. CHAIRMAN: Mrs. Riggs stated she had nothing to bring forward this evening.
5. OTHER BUSINESS: No other business was brought forward.
6. ADJOURNMENT. There being nothing further, Mr. Fix moved to adjourn; Mrs. Riggs seconded the motion. Mrs. Riggs, Mr. Fix, and Mr. Sabatino voted "Aye." Motion carried, 3-0. The Rules Committee adjourned at 7:25 P.M., September 11, 2006.
RESPECTFULLY SUBMITTED:
________________________________