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HomeMy WebLinkAbout04-11-2023 Worksession Packet City of Oak Park Heights Worksession Date:Tuesday, April 11, 2023 Time: 5:00pm 1.Call to Order 2.Code of Conduct 3.Lobbying Policy 4.Roundtable: Goals 2023 5.Adjournment Page 1 of 12 City of Oak Park Heights 14168 Oak Park Blvd. N Oak Park Heights, MN 55082 Phone (651) 439-4439 Fax (651) 439-0574 th April 6, 2023 MEMO TO: Mayor and City Council Members FROM: Eric Johnson, City Administrator RE: Worksession – topics for agenda The Worksession planned for 4/11/23 - 5 pm - and Staff is aware thatthe following is slated: 1.“Code of Ethics”. Assistant City Administrator has provided a memo and documentation for discussion and review. Recall, this was handed out in March and any final edits are requested – pending possible final action at some future Council date? Attached is that document for your reference. 2.Council Member Johnson supplied a draft policy related to Lobbying Policy and requested feedback at this meeting. That document is attached againfor your reference. 3.Other “2023 Goal ” type topics? Staff will give a short update on the Well #3 matter. Other? Page 2 of 12 City of Oak Park HeightsCode of Conduct for Elected Officials Adopted April2023 PURPOSE This document establishes a code of conduct that councilmembers agree to abide by in carrying out their duties as elected officials. This code of conduct does not supersede any existing or future statutory or constitutional rights, but simply outlines appropriate council expectations, behavior and interactions with each other, city staff, citizens and all other groups encountered as a resultof city business so as to efficiently and effectively develop and carry out the mission, vision, goals shall refer to all councilmembers and mayor. ROLES/RESPONSIBILITIES Allc--year term. The council as a whole is a policy making board and as such, it is not the duty of the council to administer the day-to-day operations of the City. All councilmembers, which includes the Mayor, have equal votes. No councilmember has more power than any other councilmember, and all should be treated with equal respect.A Deputy Mayor is appointed prior to or at the first meeting of each year by the City Council. The Deputy Mayor performs the duties of the Mayor if the Mayor is absent or disabled. COUNCIL CONDUCT WITH ONE ANOTHER Councils are composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal issues. Њ Page 3 of 12 IN PUBLIC MEETINGS Practice civility, professionalism and decorum in discussions and debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. This does not allow, however, Councilmembers to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. No shouting or physical actions that could be construed as threats will be tolerated. Councilmembers should conduct themselves in a professional manner at all times. Honor the role of the Mayor in maintaining order The Mayor is the presiding officer at all meetings of the council. In the absence of the mayor, the Deputy Mayor will preside. It is the responsibility of the Mayor to keep the comments of Councilmembers on track during public meetings. Councilmembers should honor efforts by the Mayor to focus discussion on current agenda items. If there is disagreement about the agenda or those objections should be voiced politely and with reason. Avoid personal comments that could offend other Councilmembers If a Councilmember is personally offended by the remarks of another Councilmember, the offended Councilmember should note their concerns during the meeting,andmake notes of the actual words used and request the other Councilmember to justify or apologize for the language used. The Mayor will maintain control of this discussion. Demonstrate effective problem-solving approaches Councilmembers have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. Councilmembers have made a commitment to attend meetings and participate in discussions. Therefore, it is important that the Councilmembers be punctual and that meetings start on time. It is equally important that discussions on issues be relative to the topic at hand to allow adequate time to fully discussedscheduled issues. IN PRIVATE ENCOUNTERS Continue respectful behavior in private The same level of respect and consideration of differing points of view that is deemed appropriate for public discussions should be maintained in private conversations. Even private conversations can have a public presence Elected officials are alwayson display their actions, mannerisms, and language are monitored by people around them that they may not know. Lunch table conversations will be eavesdropped upon, parking lot debates and arguments will be watched, and casual comments between individuals before and after public meetings noted. Before Council meetings are opened and after they are closed, Councilmembers should avoid any pre-and post-meeting discussions amongst or at least be perceived as a violation. Ћ Page 4 of 12 COUNCIL CONDUCT WITH CITY STAFF Governance of a City relies on the cooperative efforts of elected officials, who set policy, and City effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. Treat all staff as professionals Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable. Limit contact to specific City staff Questions of City staff and/or requests for additional background information should be directed to the City Administrator, Mayor, or Department Heads. The City Administrator should be copied on or informed of any request. Requests for follow-up or directions to staff should be made only through the City Administrator. When in doubt about what staff contact is appropriate, Councilmembers should ask the City Administrator or Mayor for direction. Materials supplied to a Councilmember in response to a request will be made available to the Mayor and all members of the Council so that all have equal access to information. Councilmembers should not disrupt City staff while they are in meetings, on the phone, or engrossed in performing their job functions in order to have their individual needs met. As a matter of courtesy and effective time management, Councilmembers should schedule appointments with staff in advance. Never publicly criticize an individual employee Councilmembersshould never express concerns about the performance of a City employee in ff performance should only be made to the City Administrator through private correspondence or conversation. innesota Government Data Practices Act. Do not get involved in administrative functions Councilmembers must not attempt to influence City staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits. Check with City staff on correspondence before taking action Before sending correspondence, Councilmembers should check with City staff to see if an official City response has already been sent or is in progress. Do not attend meetings with City staffunless requested by staff Even if theCouncilmember does not say anything, the Limit requests for staff support Ќ Page 5 of 12 Requests for additional staff support even in high priority or emergency situationsshould be made to the City Administrator who is responsible for allocating City resources in order to maintain a professional, well-run City government. Do not solicit political support from staff Councilmembers should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City staff. City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done awayfrom the workplace. COUNCIL CONDUCT WITH THE PUBLIC Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of Councilmembers toward an individual participating in a public forum. Every effort should be madeto be fair and impartial in listening to public testimony or comment. The Oak Park Heights City Council has adopted a Policy on Public Speaking at City Council and Commission Meetings which should be referenced, in addition to this Code of Conduct. Be welcoming to speakers Speaking in front of the Council can be a difficult experience for some people. Some issues the way that the Council treats people during public hearings can doa lot to make them relax or to push their emotions to a higher level of intensity. Deescalating a situation will lead to a more productive outcome for all involved and the community as whole. Give the appearance of active listening It is disconcerting to speakers to have Councilmembers not look at them when they are speaking. It is fine to look down at documents or to make notes, but reading for a long period of time or gazing around the room gives the appearance of disinterest. Be aware of facial expressions, especially those that could be interpreted as "smirking," disbelief, anger or boredom. No personal attacks of any kind, under any circumstance Councilmembers should be aware that their body language and tone of voice, as well as the words they use, can appear to be intimidating or aggressive. COUNCIL CONDUCT IN UNOFFICIAL SETTINGS Make no promises on behalf of the Council Councilmembers will frequently be asked to explain a Council action or to give their opinion about an issue as they meet and talk with constituents in the community. It is appropriate to express personal feelings or positions on an issue or to give a brief overview of City policy and to refer to City staff or Council for further information. It is inappropriate to overtly or implicitly promise Council action, or to promise City staff will do something specific (fix a pothole, plant new flowers, approve a license or permit, install a traffic sign, etc.). Make no personal comments about the Mayor or other Councilmembers It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about the Mayor or other Councilmembers, their opinions and actions. Ѝ Page 6 of 12 Remember that despite its continued growth, Oak Park Heightsis a small community Councilmembers are constantly being observed by the community every day that they serve in office. Their behaviors and comments serve as models for proper deportment in the City of Oak Park Heights. Honesty and respect for the dignity of each individual should be reflected in every word and action taken by Councilmembers, 24 hours a day, seven days a week. It is a serious and continuous responsibility. COUNCIL CONDUCT WITH OTHER PUBLIC AGENCIES Be clear about representing the City or personal interests If a Councilmember appears before another governmental agency or organization to give a statement on an issue, the Councilmember must clearly state: 1)If his or her statement reflects personal opinion or is the official stance of the City; 2)Whether this is the majority or minority opinion of the Council, if the Council has taken a position on the matter. Even if theCouncilmember is representing his or her own personal opinions, remember that this still may reflect upon the Council as an organization and the City as a whole. If therCouncilmember is representing the City, the Councilmember must support and advocate the official City position on an issue, not a personal viewpoint even if the Councilmember may personally disagree with the If the Councilmember is representing another organization whose position is different from the City, the Councilmember should withdraw from voting on the issue if it significantly impacts or .Councilmembers should be clear about which organizations they represent and inform theCouncil of their involvement. Correspondence also should be equally clear about representation City letterhead may be used when the official position. A copy of official correspondence should be given to the City Administrator to be filed as part of the permanent public record. City letterhead may not be used for correspondence ofCouncilmembers representing a personal point of view, or a dissenting point of view from an official Council position. City Councilmembers should refer to the Oak Park Heights City Letterhead Policy. COUNCIL CONDUCT WITH COMMITTEES AND COMMISSIONS The City has established several Committees and Commissions as a means of gathering more community input. Citizens who serve on and Commissions become more involved in government and serve as advisors to theCity Council. They are a valuable re and should be treated with appreciation and respect. If attending a Commission meeting of which the Councilmember is not a member, be careful to only express personal opinions Councilmembers may attend any Commission meeting, which are always open to any member of the public. However, if the Commission is conducting a public hearing, the Councilmember shall Ў Page 7 of 12 remove themselves from the proceedings. Councilmembers should be sensitive to the way their participation especially if it is on behalf of an individual, business or developer could be viewed as unfairly affecting the process. Any public comments by a Councilmember at a Commission meeting should be clearly made as individual opinion and not a representation of the feelings of Commission and limit their role and function. In addition, Councilmembers must be cognizant of how their presence impacts any potential quorum of the Council and, therefore, the resulting implications under Minnesota's Open Meeting Law. Limit contact with Commission members It is inappropriate for aCouncilmember to contact aCommission member to lobby on behalf of an individual, business, or developer. Councilmembers should contact staff in order to clarify a position taken by the Commission. Remember that Commissions serve the community, not Councilmembers The City Council appointsindividuals to serve on Commissions, and it is theresponsibility of Commissions to follow policy established by the Council. But Commission members do not report to Councilmembers, nor should Councilmembers feel they have the power or right to threaten Commission members with removal if they disagree about an issue. Appointment and reappointment to a Commission should be based on such criteria as expertise, ability to work with staff and the public, and commitment to fulfilling official duties. A Commission appointment should not be used as a political "reward." Be respectful of diverse opinions A primary role of Commissions is to represent many points of view in the community and to provide the CityCouncil with advice based on a full spectrum of concerns and perspectives. The Councilmust be fair and respectful ofall citizens serving on Commissions. Keep political support away from public forums Commission members may offer political support to a Councilmember, but not in a public forum while conducting official duties. Conversely, Councilmembers may support Commission members who are running for office, but not in an official forum in their capacity as a Councilmember. Inappropriate behavior can lead to removal Inappropriate behavior by a Commission member should be noted to the Mayor, and the Mayor should counsel the offending member. If inappropriate behavior continues, the Mayor should bring the situation to the attention of the Council which shall decide the appropriate action, which may include removal from the Commission. COUNCIL CONDUCT WITH THE MEDIA Councilmembers may be contacted by the media for background and quotes. The best advice for dealing with the media is to never go "off the record" Most members of the media represent the highest levels of journalistic integrity and ethics, and can be trusted to keep their word. But one bad experience can be catastrophic. Words that are not said cannot be quoted. Words that are said cannot be unsaid. Џ Page 8 of 12 The Mayor is the official spokesperson for the representative on City position The Mayor is the designated representative of the Council to present and speak on the official City position. If an individual Councilmember is contacted by the media, the Councilmember should be clear about whether their comments represent the official City position or a personal viewpoint. Choose words carefully and cautiously Comments taken out of context can cause problems. Be especially cautious about humor, sardonic asides, sarcasm, cursing or word play. When talking to the media, consider the same issues noted in the In Private Encounters section above. SANCTIONS Public Disruption Members of the public who do not follow proper conduct after a warning in a public hearing may be barred from further testimony at that meeting or removed from the Council Chambers. Inappropriate Staff Behavior Council members should refer to the City Administrator any City staff who do not follow proper conduct in their dealings with Council members, other City staff, or the public. These employees may be disciplined in accordance with standard City procedures for such actions. Council members Behavior and Conduct City Councilmembers who intentionally and repeatedly do not follow proper conduct may be reprimanded or formally censured by the Council. Serious infractions of the Code of Conductfor Elected Officialscould lead to other sanctions as deemed appropriate by Council. 1.If the Mayor or a Councilmember believes that another Councilmember or the Mayor has violated this Code of Conduct during a meeting of the Council, s/he should call the matter to th continues, it shall be referred to the Mayor (or the Deputy Mayorif the complaint is against the Mayor) who will attempt to resolve the matter in private. If the dispute is between the Mayor and the Deputy Mayor, the Council shall select one of its other members to attempt to privately resolve the matter. The Mayor (or Deputy Mayor may involve the City Administrator and/or City Attorney to investigate and make recommendations about the dispute. If these private efforts do not resolve the matter, then the Mayor or any member or the Council may bring it before the Council at a duly noted public meeting, at which time the Council shall decide whether or not to proceed with further action as noted in section 3 below. 2.If the Mayor or a Councilmember believes that another Councilmember or the Mayor has violated this Code of Conduct at a time other than a meeting of the Council, s/he should cal problem is not resolved or continues after that informal discussion, it may be called to the attention of the Mayor (or the Deputy Mayorns that are being challenged) who shall attempt to privately resolve the matter. If the dispute is between the Mayor and the Deputy Mayor, then it shall be referred to the City Attorney who shall attempt to privately resolve the matter. The City Administrator shall be included in these efforts to privately resolve the matter. If these private efforts do not resolve the matter, then А Page 9 of 12 the elected official who initiated the complaint may raise it with the City Council at a duly noted public meeting, at which time the Council shall decide whether or not to proceed with further action as noted in section 3 below. 3. If a Code of Conduct complaint is raised with the City Council after informal efforts to resolve it have failed as described in 1 or 2 above, then the Council shall, at a duly noted public meeting, consider all available evidence and decide whether sanctions are warranted, and if so, which sanction(s) to impose. Prior to making this decision, the Council may authorize the City Attorney, City Administrator, and/or other designee to investigate the matter further and to report his or her findings to the Council. The Council may also form an ad hoc committee to look into the matter. If, after considering all evidence presented, the Council determines that sanctions are warranted, the Council may take any and all lawful action it deems appropriate, including:requiring the offending member to undergo training or other appropriate education intended to fix the problem, censure, or terminating appointments to committees and commissions. SUPPORTING RESOURCES Other resources that are helpful in defining the roles and responsibilities of elected officials are Ordinance 201of the City of Oak Park HeightsCity Code, the Policy on Public Speaking at City Council and Commission Meetingsthe Policy on Use of City Letterhead, and League of Minnesota Cities resources for elected officials, including the Handbook for Minnesota Cities and the Minnesota Mayors Handbook, among many other publications. I affirm that I have read, understand and will comply with the City of Oak Park Heights Code of Conduct for Elected Officials ________________________________________________________________ SignatureDate ________________________________________________________________ SignatureDate ________________________________________________________________ SignatureDate ________________________________________________________________ SignatureDate ________________________________________________________________ SignatureDate Б Page 10 of 12 CITY OF OAK PARK HEIGHTS POLICY ON USE OF CITYLOBBYING ACTIVITIES Purpose: Lobbying is a critical tool cities use to secure funding or favorable policesfrom County, State or Federal Agencies. To achieve desired outcomes, the City does often hire professional lobbyists who can effectively coordinated such activities. Moreover, the City does regularly coordinate its preferred agenda with other entities, but to ensure City priorities remain paramount, the City Council does adopt these Policies. A.Lobbying Efforts - City Legislative Agenda Each year, the City may outlinea legislative agenda or legislative goals andto advance these, hired staff may be appointed by the Council to “lobby” legislative bodies during an individual legislative session or calendar year on a particular issue. Lobbyists are hired consultants similar to the City Attorney, Engineer and Planning Consultant. Having direct interface between local and state/federal officials – such as testifying at hearings can be an integral element of any lobbying effort. Therefore the City Council may also appoint a City Council member(s) to directly assist in any official lobbying effort for the City. Such appointment is limited in scope to that of a spokesperson fully representing the City’s position before legislative officials and/or committees however it is not elevated as the City’s lead point of contact with lobbyists or other elected officials. NOTE:For the purposes of this Policy, lobbying is defined as directly representing the City to a legislative body, this includes making statements in front of the County Board, State Legislature, and federal officials and which is expected to fully represent the City’s position(s). B.Lobbying for Items Outside of Legislative Agenda Independent of the City Council’sexpected legislative goals, if there is a topic an elected official seeks to lobby for and that would seek to enjoin the City’s support, the official must provide the Council in advance of the lobbying effort the following: a.Information on when, where, who, and how the individual will be lobbying; b.The City’s interest or possible conflictsin the lobbying effort; and c.The statement to be made or a summary of statements to affirm the City Council is in concurrence with planned policy/lobbying comments. C.Lobbying with Partner Agencies or Groups Entities where the City is a dues paying member such as the Coalition of Utility Cities, Middle St. Croix Watershed Organization, METRO CITIES, League of Minnesota Cities, etc. do also engage in lobbying efforts (before the State or Federal Governments) relative to the expressed interests of such organization. Page 11 of 12 Such entities may also request City persons to take-up that duty for event such as at a Legislative Hearing. If that is necessary and with reasonable notice provided for Council discussion, the City Council may permit the appointed elected official to that entity to perform such act. It is the duty of the elected official to ensure there is not a conflict between City positions or legislative goals and the Partner Agency. In the event there is an expected conflict or possible confusion , the elected official shall refrain from any direct lobbying for the Partner Agency. D.Sharing of Lobbying Duties So as to ensure there is a reasonable dissemination of any such responsibilities, no elected official should represent more than one lobbying effort (including City specific goals) in a given legislative year / cycle unless expressly approved by the City Council. E.Council Permission If an official is not appointed and/or does not get approval from the Council, the official must make clear that they are not representing the City and all comments shall be generally consistent with the balance of this policy. Page 12 of 12