Loading...
HomeMy WebLinkAboutJune 29, 2009 Special Meeting Minutes LINKED MINUTES OF THE SPECIAL MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 29, 2009 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, June 29, 2009. Present were Mayor Kaaren Jacobson, Cr. Jeff Krauss, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Rupp, City Manager Chris Kukulski, Assistant City Manager Chuck Winn, Planning Director Andy Epple, City Attorney Greg Sullivan and City Clerk Stacy Ulmen. 0:02:31 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Jacobson called the meeting to order. 0:02:37 B. Pledge of Allegiance and a Moment of Silence 0:03:19 C. Public Comment Mayor Jacobson opened public comment. 0:04:10 Brian Leland, Public Comment Mr. Leland of 528 North Bozeman spoke regarding the Open Meeting Law issue. He spoke regarding his group’s march and the money that they have raised to cover costs. 0:06:58 Public Comment closed 0:07:05 D. Action Items 0:07:08 1. Discussion on Audit of City Hiring and Selection Procedures 0:07:09 Mayor Jacobson Mayor Jacobson explained that this Special Meeting has been called due to an email received by the Commission from a City employee suggesting that the Commission was not given accurate information regarding hiring practices. Mayor Jacobson spoke regarding the strategy. She also spoke regarding Constitutional Rights. The statements in the email are allegations. 0:15:19 Mayor Jacobson Mayor Jacobson stated that the first step is discussing if there is a need for a Commission led investigation. 42 Minutes of the Bozeman City Commission Special Meeting, June 29, 2009 2 0:16:02 Cr. Krauss Cr. Krauss spoke regarding the information contained in the email received. He spoke regarding the costs of the investigation. This may give him more insight into the workings and judgment of the City. 0:19:38 Cr. Bryson Cr. Bryson has unanswered questions from the meeting last Monday. He is in favor of dedicating funds to bring in an external evaluator to see what has occurred over the last three years. 0:21:11 Cr. Rupp Cr. Rupp stated he would like to see if there is any substance in the email received. It seems we need to step in front of this and have a Commission led audit/investigation. He wants to get this done quickly and as fairly as possible. 0:22:03 Cr. Becker Cr. Becker spoke regarding the emails and phone calls that are public record. We owe it to the employees and the public to look deeper into this by someone externally. 0:23:59 Mayor Jacobson Mayor Jacobson stated that the fairest way to go about this is to look at every hire within the last 3 years. 0:24:36 Public Comment Mayor Jacobson opened public comment. 0:25:05 Bob Chase, Public Comment Mr. Chase of 433 South Black Ave stated that he feels the community is looking for transparency, accountability and competency. He supports conducting an investigation. 0:25:26 Public Comment closed Mayor Jacobson closed public comment. 0:25:31 Mayor Jacobson Mayor Jacobson stated that the word "investigation" comes from the City Charter which explains when the City Commission has authority to look into affairs of the City. 0:26:10 Motion and Vote to establish a Commission directed investigation pursuant to Section 2.09 of the Bozeman Charter regarding the City's hiring and selection procedures. It was moved by Cr. Rupp, seconded by Cr. Becker to establish a Commission directed investigation pursuant to Section 2.09 of the Bozeman Charter regarding the City's hiring and selection procedures. 43 Minutes of the Bozeman City Commission Special Meeting, June 29, 2009 3 Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 0:26:45 Mayor Jacobson Mayor Jacobson stated that the next area to discuss is the scope of the audit. 0:27:30 Cr. Bryson Cr. Bryson stated that there are 6 points that he would like to see in the investigation including determining the exact time in the application process that the candidate was informed of the social networking waiver, how each employee was presented with the form and who presented it, the discussions that took place when an applicant had reservations of releasing information, training internally to those with hiring authority, training internally on the presentation of this document and who was responsible for performing for the social networks service searches. 0:29:30 Cr. Krauss Cr. Krauss stated that he wants to know exactly “what” was requested also. He spoke regarding the City Ethics Policy. 0:31:34 Cr. Becker Cr. Becker wants to look at hiring practices in all departments. 0:33:33 Cr. Rupp Cr. Rupp stated that this is a Commission led action. 0:34:28 Mr. Kukulski Mr. Kukulski spoke regarding the numbers of individuals that were hired in the last 3 years. 0:36:55 Cr. Bryson Cr. Bryson stated that he is not interested in looking at department by department. 0:39:07 Public Comment Mayor Jacobson opened public comment. 0:39:20 Carson Taylor, Public Comment Mr. Taylor of 8 West Harrison spoke regarding the memo. He stated that part of the audit should be what can be done in the future to make sure this does not happen again. He spoke regarding voluntariness. What were people thinking that they were going to find? Are there less intrusive ways of doing this? 44 Minutes of the Bozeman City Commission Special Meeting, June 29, 2009 4 0:41:55 Rick Cline, Public Comment Mr. Cline (no address given) spoke regarding putting someone from the public on the Investigation Committee. 0:42:33 Public Comment closed. Mayor Jacobson closed public comment. 0:44:22 Cr. Becker He agrees with Cr. Bryson's points and wants them rolled into the motion. 0:44:57 Motion to investigate the allegations made by the employees contained in the email received on Thursday, June 25, 2009; investigate the emails sent by an employee to a citizen outside of the City inquiring as to the use by that citizen of public resources to comment on the City's hiring practices; to review of the City's hiring policies as those policies related to the practice of discussing background information with current employees; the voluntariness of specific background checks as it relates to final hiring decision; the timing and use of waivers and consent requirements; and the specifics regarding the practice of reviewing a candidate's social networking sites; review of employees hiring process that occurred over the course of the past three years within the City of Bozeman across all departments all hires; to include investigation of background related to the training of interviewees and the background checkers; the specific details of log in information that was acquired; a review as to whether or not this was a violation to our existing Ethics Policy and Whistle blower policy and what may be needed in order to improve that policy so that things like this do not occur in the future. It was moved by Cr. Becker, seconded by Cr. Krauss to investigate the allegations made by the employees contained in the email received on Thursday, June 25, 2009; investigate the emails sent by an employee to a citizen outside of the City inquiring as to the use by that citizen of public resources to comment on the City's hiring practices; to review of the City's hiring policies as those policies related to the practice of discussing background information with current employees; the voluntariness of specific background checks as it relates to final hiring decision; the timing and use of waivers and consent requirements; and the specifics regarding the practice of reviewing a candidate's social networking sites; review of employees hiring process that occurred over the course of the past three years within the City of Bozeman across all departments all hires; to include investigation of background related to the training of interviewees and the background checkers; the specific details of log in information that was acquired; a review as to whether or not this was a violation to our existing Ethics Policy and Whistle blower policy and what may be needed in order to improve that policy so that things like this do not occur in the future. 45 Minutes of the Bozeman City Commission Special Meeting, June 29, 2009 5 0:48:46 Cr. Bryson Cr. Bryson presented Friendly Amendments to include some review of discussions if an applicant had reservations of signing a waiver and evaluations of what standards were developed for appropriateness of content on someone's personal page. 0:49:08 Cr. Krauss Cr. Krauss accepted both friendly amendments to the main motion. 0:49:11 Cr. Becker Cr. Becker accepted both friendly amendments. 0:51:30 Greg Sullivan, City Attorney Mr. Sullivan spoke regarding the scope of the investigator. 0:52:34 Mayor Jacobson Mayor Jacobson spoke regarding the confidentiality issue. 0:53:46 Mr. Sullivan Mr. Sullivan spoke regarding rights to privacy. 0:54:23 Mayor Jacobson Mayor Jacobson stated that face to face discussions are usually the best. The final report should not reveal any names. 0:59:05 Vote on the Motion to investigate the allegations made by the employees contained in the email received on Thursday, June 25, 2009; investigate the emails sent by an employee to a citizen outside of the City inquiring as to the use by that citizen of public resources to comment on the City's hiring practices; to review of the City's hiring policies as those policies related to the practice of discussing background information with current employees; the voluntariness of specific background checks as it relates to final hiring decision; the timing and use of waivers and consent requirements; and the specifics regarding the practice of reviewing a candidate's social networking sites; review of employees hiring process that occurred over the course of the past three years within the City of Bozeman across all departments all hires; to include investigation of background related to the training of interviewees and the background checkers; the specific details of log in information that was acquired; a review as to whether or not this was a violation to our existing Ethics Policy and Whistle blower policy and what may be needed in order to improve that policy so that things like this do not occur in the future; (friendly amendment) get suggested safe guards so that policies like this are addressed in a timely manner before adopted by the organization; (friendly amendment) some review of discussions if an applicant had reservations of signing a waiver; (friendly amendment) and 46 Minutes of the Bozeman City Commission Special Meeting, June 29, 2009 6 evaluations of what standards were developed for appropriateness of content on someone's personal page. Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 0:59:18 Mayor Jacobson Mayor Jacobson stated that the next item to be discussed is the hiring process. 0:59:33 Motion to direct the City Attorney to engage a legal expert to investigate the situation, a person familiar with hiring and Civil Rights of employees. It was moved by Cr. Krauss, seconded by Cr. Bryson to direct the City Attorney to engage a legal expert to investigate the situation, a person familiar with hiring and Civil Rights of employees. 1:02:02 Cr. Krauss Cr. Krauss stated that a person, a firm or entity should be brought back to the Commission for hiring. He would like the City Attorney to advise the Commission on who they pick. 1:02:33 Cr. Becker Cr. Becker presented a Friendly Amendment that the contract will be brought back to the Commission will review that includes a scope of work, that this person will report directly to the City Commission not the City Attorney, and that this is not a survey but a series of interviews that will be face to face. 1:02:59 Cr. Krauss Cr. Krauss accepted the Friendly Amendment. 1:04:44 Cr. Rupp Cr. Rupp spoke regarding using Human Resource Professionals for the investigation. 1:05:52 Cr. Bryson Cr. Bryson wants to know how this policy was carried out. 1:09:32 Mr. Kukulski Mr. Kukulski spoke regarding hiring teams. 1:10:49 Public Comment Mayor Jacobson opened public comment. 47 Minutes of the Bozeman City Commission Special Meeting, June 29, 2009 7 1:11:08 Gerri Westrick, Public Comment Ms. Westrick of 2727 West Mendenhall spoke regarding Joe the plumber. She spoke regarding her concern of the information that has been gathered. She spoke regarding purging information gathered. She would like to have a purposeful decision. 1:14:00 Public Comment closed. Mayor Jacobson closed public comment. 1:14:10 Cr. Krauss Cr. Krauss stated that we should have an answer when the investigation is over regarding what to do with the information that was gathered. 1:15:07 Stacy Ulmen, City Clerk Ms. Ulmen read back the motion. 1:15:39 Cr. Krauss Cr. Krauss spoke regarding adding Cr. Rupp's direction to add a human resource professional, someone who knows employment-labor law to the motion. 1:16:19 Vote on the Motion to direct the City Attorney to engage a legal expert to investigate the situation, a person familiar with hiring and Civil Rights of employees, (friendly amendment) a human resource professional, someone who knows employment- labor law, (friendly amendment) that the contract will be brought back to the Commission will review that includes a scope of work, that this person will report directly to the City Commission not the City Attorney, and that this is not a survey but a series of interviews that will be face to face. Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 1:16:41 Cr. Becker Cr. Becker spoke regarding destroying data and putting together a policy for doing so. He would like to see this in a week. 1:17:31 Mayor Jacobson Mayor Jacobson asked if a week would be long enough. 1:17:43 Mr. Sullivan Mr. Sullivan stated that he will need to do some research and by the end of the process there will be a policy of some kind but he will not have time to do so in one week. 48 Minutes of the Bozeman City Commission Special Meeting, June 29, 2009 8 1:18:50 Cr. Becker Cr. Becker stated that he does not want to see this conversation occur at the end of the process but rather at the beginning of the process. All the data obtained has a life. 1:19:21 Cr. Krauss Cr. Krauss suggested doing this at the time that the contract is signed. 1:22:16 Public Comment Mayor Jacobson opened public comment. 1:22:29Public Comment Closed 1:22:57 Motion and Vote that the Commission will have a clear policy presented to them to make a decision regarding the destruction of all obtained data and data collected in the hiring and investigation process, and who may and may not opt out of the investigation. It was moved by Cr. Becker, seconded by Cr. Krauss that the Commission will have a clear policy presented to them to make a decision regarding the destruction of all obtained data and data collected in the hiring and investigation process, and who may and may not opt out of the investigation. Those voting Aye being Crs. Becker, Krauss, Bryson, Rupp and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 1:24:10 Mr. Kukulski Mr. Kukulski asked the Commission if they still wanted a Policy Meeting in 30 days for a more thorough update on hiring procedures. 1:24:59 Cr. Becker Cr. Becker stated that he does not see a reason to not continue with the action from the prior meeting. 1:25:22 Cr. Krauss Cr. Krauss stated that we need a further review of the policy. 1:25:44 Cr. Bryson Cr. Bryson cautioned the City Manager that he does not want to see any defense of the policy. 1:27:01 Cr. Rupp Cr. Rupp spoke regarding holding a special meeting on this subject so it is dealt with by itself, apart from other agenda items. 49 Minutes of the Bozeman City Commission Special Meeting, June 29, 2009 9 1:29:03 E. FYI/Discussion 1:29:08 1. City Hall closed on Friday, July 3, 2009 Ms. Ulmen stated that City Hall will be closed on Friday, July 3, 2009 in recognition of Independence Day. 1:29:31 F. Adjournment The meeting adjourned at 7:36 p.m. ________________________________ Kaaren Jacobson, Mayor ATTEST: _____________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: _____________________________________ Stacy Ulmen, CMC, City Clerk Approved on __________________________. 50