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Home My WebLink About12-11-19 City Commission Minutes k t Co.*A THE CITY COMMISSION SPECIAL MEETING OF BOZEMAN, MONTANA MINUTES Wednesday, December 11,2019 Mayor-CVnthia Andrus: Present Deputy Mayor-Chris Mehl: Present Commissioner-Jeff Krauss: Present Commissioner-I-Ho Pomeroy:Absent Commissioner-Terry Cunningham: Present Staff Present at the Dais: City Manager(CM)Andrea Surratt, City Attorney(CA) Greg Sullivan, City Clerk Robin Crough A. 12:00:01 PM (00:04:02)Call to Order-12:00 PM-Commission Room, City Hall, 121 North Rouse Mayor Andrus called the meeting to order at 12:00 PM. B. 12:00:15 PM (00:04:16) Pledge of Allegiance and a Moment of Silence C. 12:01:04 PM (00:05:05)Changes to the Agenda There were no changes to the agenda. D. 12:01:12 PM (00:05:13)Authorize Absence—Commissioner I-Ho Pomeroy 12:01:17 PM (00:05:18)Motion and Vote to authorize the absence of Commissioner Pomeroy. The motion passed 4-0. Commissioner-Jeff Krauss: Motion Commissioner-Terry Cunningham: 2nd Mayor-CVnthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Absent Commissioner-Terry Cunningham:Approve E. 12:01:31 PM (00:05:32) FYI Page 1 of 7 Bozeman City Commission Special Meeting Minutes,December 11,2019 F. 12:01:41 PM (00:05:42) Public Comment Mayor Andrus opened public comment. 12:02:11 PM (00:06:12)Ron Brey, Public Comment Mr. Brey,former Assistant City Manager, commended the commission for taking this on. He provided some feedback from a staff position. G. 12:05:38 PM (00:09:39)Action Items 1. 12:05:40 PM (00:09:41) Resolution 5124, Establishing Norms of Behavior for Interactions Between City Commissioners and City Employees Who Are Subject to the Supervision and Direction of the City Manager(Andrus) 7 to 12:05:55 PM (00:09:56) Presentation Mayor Andrus discussed the reasons for today's resolution.She summarized sections 1-3. 12:13:25 PM (00:17:26) Comments Cr.Cunningham stated that the background provided was consistent with the orientation provided by staff. 12:14:23 PM (00:18:24) Presentation/Comments/Questions—Section 4—Norms Cr.Cunningham stated there have been instances where this commission has behaved in a manner to drive staff to tears. He discussed in some detail how the commission could act more appropriately. Mayor Andrus discussed the importance of being mindful of giving direction. Cr.Cunningham asked about the scope of the problem,giving direction that doesn't go through proper channels. DM Mehl asked for clarification on directives versus clarification. City Manager Surratt and Interim City Manager Dennis Taylor responded in detail. Cr. Krauss spoke of the commission's responsibilities to set goals and policy only. Cr.Cunningham stated there are situations built into the system that require communication. Cr. Krauss stated the limit on communication is actually a duty of care to respecting their positions. Cr. Cunningham discussed the difficulty of citizen expectations of commission responsiveness, potentially a portal. Mayor Andrus asked about the process for distribution and replies from the agenda inbox. DM Mehl discussed coming up with mutually agreeable system to address responses. Cr. Cunningham discussed communicating with the City Manager regarding agenda questions. DM Mehl expressed concerns this is too constrictive on the City Manager. Cr. Krauss discussed the balance of constituent service. He discussed inquiries used maliciously. 01:08:38 PM (01:12:39)Time Reference Cr.Cunningham stated how important it is to communicate to the City Manager, not Directors or other staff.The commission, City Manager, and Interim City Manager discussed in detail. Cr. Krauss discussed the necessity of an exception for HR and the City Attorney. Mayor Andrus reiterated the importance of communication with the City Clerk. Cr. Cunningham asked CA Sullivan for clarity on inquiries versus large issues. Mayor Andrus discussed protocol for just dropping in on staff. Cr. Cunningham asked how staff has been empowered to keep the commission in check. Page 2 of 7 Bozeman City Commission Special Meeting Minutes,December 11,2019 01:35:08 PM (01:39:09)Questions/Comments-Section 9 Mayor Andrus discussed inappropriate criticisms of staff in public. Cr. Krauss discussed the importance of being able to talk to staff about presentations since they are the professionals. Cr. Cunningham asked what specific problem is trying to be addressed. DM Mehl asked how best to handle small errors that need to be fixed from the dais. CA Sullivan discussed better practices. 01:51:50 PM (01:55:51)Questions/Comments—Section 10 Cr. Cunningham discussed the example of attending budget meetings as commission attendance at meetings being a negative. Cr. Krauss noted there can be value in attendance, but they owe the organization to do it right. DM Mehl agrees, but discussed a preference for more flexibility. The commission discussed the process for requesting attendance at staff meetings. DM Mehl discussed concern with not being able to attend public meetings. Cr. Krauss discussed the problems of commissioners attending public meetings. CA Sullivan added detail. Cr. Cunningham gave examples of problematic commission meeting attendance. DM Mehl asked where this is stated in the Charter. CA Sullivan responded in detail. Mayor Andrus reiterated the importance of this section, and what the commission's role is. Cr. Krauss discussed the negative impact of commission attendance. Cr.Cunningham asked how the can evaluate the City Manager when their actions impact her ability to do her job. 02:24:40 PM (02:28:41) Recess Mayor Andrus called a 5 minutes recess. 02:32:02 PM (02:36:03) Call to Order Mayor Andrus called the meeting back to order at 2:32 PM. 02:32:17 PM (02:36:18)Questions/Comments—Section 11 DM Mehl and Cr. Krauss discussed the nuance of the boards where commissioners vote. Cr.Cunningham asked for clarification on direction as a board commission liaison. Mayor Andrus and Cr. Krauss discussed guidance in this area. Mayor Andrus reiterated the expectations and obligations stated in Exhibit A to the resolution. DM Mehl asked how to best move forward on moving forward with this resolution. 02:47:51 PM (02:51:52) Public Comment Mayor Andrus opened public comment. 02:48:01 PM (02:52:02)Jerry Pape, Public Comment Mr. Pape discussed the seriousness of this issue, and discussed some agreements and concerns. 02:52:15 PM (02:56:16)Brian Close,Public Comment Mr. Close discussed the importance of the right to inquiry. He expressed a few other concerns with the resolution versus the Charter. 02:55:11 PM (02:59:12)Carson Taylor,Public Comment Mr.Taylor discussed the problem of staff and elected officials as always a tension. He stated the Page 3 of 7 Bozeman City Commission Special Meeting Minutes,December 11,2019 solution is trust and common sense, not regulation. 02:58:37 PM (03:02:38)Jarvis Brown, Public Comment Mr. Brown,former County Commissioner, reiterated how inappropriate it is to direct staff. He asked if "officials" refers to external elected officials. He did state this is overly restrictive. 03:00:59 PM (03:05:00)Clarifications CA Sullivan clarified that"officials" refers to staff. He spoke of decorum and standards of conduct elsewhere. Cr. Cunningham asked if this resolution is rewriting, interpreting, or fleshing out the Charter. DM Mehl asked Interim City Manager Dennis Taylor if this should be extended to next year. 03:11:12 PM (03:15:13)Motion to adopt Resolution 5124, Establishing Norms of Behavior for Interactions Between City Commissioners and City Employees Who Are Subject to the Supervision and Direction of the City Manager. Commissioner-Jeff Krauss: Motion Commissioner-Terry Cunningham: 2nd 03:11:25 PM (03:15:26) Discussion Cr. Krauss discussed his history as a commissioner and study commissioner. 03:13:14 PM (03:17:15)Amendment to the Motion and Vote to add HR[Human Resources]as 8. K.for matters dealing with employment of the commissioners as employees of the City of Bozeman. The amendment passed 4-0. Commissioner-Jeff Krauss: Motion Commissioner-Terry Cunningham: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Absent Commissioner-Terry Cunningham:Approve 03:13:58 PM (03:17:59) Discussion Continued Cr. Krauss discussed the issue of inquiries in great detail. He commended the mayor for calling this meeting. He stated there is nothing in this document that interferes with his abilities to be a commissioner. Cr.Cunningham stated that passing this today respects current Cr. Krauss. I discussed the importance of correcting behavior in detail. DM Mehl supports the Charter. 03:32:14 PM (03:36:15)Amendment to the Motion and Vote in Section 3,paragraph 3, add"or Page 4 of 7 Bozeman City Commission Special Meeting Minutes,December 11,2019 commissioners"after"the commission"in the second line,(so it reads "In addition, the commission recognizes fostering mutual respect between the commission and staff and enabling the commission or commissioners to request and staff to provide information..."]. The amendment passed 3-1. DeputV Mayor-Chris Mehl: Motion Commissioner-TerrV Cunningham: 2nd Mayor-Cynthia Andrus:Approve DeputV Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss: Disapprove Commissioner-1-Ho Pomeroy:Absent Commissioner-TerrV Cunningham:Approve 03:34:51 PM (03:38:52)Amendment to the Motion to modify number 8.a.,page 6,second line to read "...be directed only to the city manager, or the manager's explicit designee,..."The amendment failed due to lack of a second. DeputV MaVor-Chris Mehl: Motion 03:36:41 PM (03:40:42) Discussion DM Mehl discussed the reason for his amendment. 03:37:22 PM (03:41:23)Amendment to the Motion and Vote to modify page 8,Re. adding"Quality control is a team exercise."as the first sentence. The amendment passed 4-0. Deputy Mayor-Chris Mehl: Motion Commissioner-Terry Cunningham: 2nd Manor-CVnthia Andrus:Approve DeputV Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- 1-Ho PomeroV:Absent Commissioner-TerrV Cunningham:Approve 03:38:18 PM (03:42:19)Amendment to the Motion to delete 108, and replace with "Commissioner conduct at public meetings or other events should be informed by the charter and these norms. Commissioner attendance at meetings called by the staff or city manager with constituents should not occur unless requested by the city manager." DeputV MaVor-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd 03:40:10 PM (03:44:11) Discussion DM Mehl clarified the intent of the amendment. Page 5 of 7 Bozeman City Commission Special Meeting Minutes,December 11,2019 03:48:49 PM (03:52:50)Friendly Amendment to remove "with constituents"and add"public"before "meetings"in line two. The friendly amendment was accepted. 03:49:33 PM (03:53:34) Discussion The commission discussed conflict with the Charter and the practice of this amendment. Cr. Krauss discussed the logistics of the amendment in practice. Cr.Cunningham supports the amendment. 03:56:46 PM (04:00:47) Vote on the Amendment to the Motion to delete 10B, and replace with "Commissioner conduct at public meetings or other events should be informed by the charter and these norms. Commissioner attendance at public meetings called by the staff or city manager should not occur unless requested by the city manager."The amendment passed 4-0. Deputy Mayor-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd Mayor-CVnthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Absent Commissioner-TerrV Cunningham:Approve 03:57:00 PM (04:01:01) Discussion DM Mehl agrees with what the resolution states,and discussed some pieces in detail. Mayor Andrus appreciates the support of the commission in this resolution. 04:03:09 PM (04:07:10) Vote on the Motion to adopt Resolution 5124,Establishing Norms of Behavior for Interactions Between City Commissioners and City Employees Who Are Subject to the Supervision and Direction of the City Manager, as amended. The motion passed 4-0. Commissioner-Jeff Krauss: Motion Commissioner-Terry Cunningham: 2nd Mayor-CVnthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Absent Commissioner-TerrV Cunningham:Approve 2. PLEASE ITTEP.459 FROM THE DECEMBER 9, 2019 GIP� COMMISSIoN AGENDA MAY BE CONTINUED TO THIS AGENDA IF NECESSARY. PLEASE VIEW THE DECEMBER 9, 2049 AGENDA TO VIEW THOSE PACKET MATERIALS ANY POPMAI CONTINI IATIr1N 1A/III n-G-CUR AT THE DECEMBER 0 2019 MEETING. Page 6 of 7 Bozeman City Commission Special Meeting Minutes,December 11,2019 H. 04:03:20 PM (04:07:21) FYI/Discussion There was no additional FYI. I. 04:03:29 PM (04:07:30)Adjournment Mayor Andrus adjourned the meeting at 4:03 PM. Chris Mehl Mayor 'pF 13o ��VII ' VO ,Y- * . ATTEST: U► "�J4 C)+ _;� ► ; ` At 1883 I co.1\1��',� •,� Mike Maas Interim City Clerk PREPARED BY: Robin Crough City Clerk Approved on: �0 U-� yatV ( 3. O-L0 Page 7 of 7