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HomeMy WebLinkAbout03-15-05 Minutes, Study CommissionMINUTES OF THE MEETING OF THE CITY OF BOZEMAN, MONTANA LOCAL GOVERNMENT STUDY COMMISSION Tuesday, March 15, 2005 The Study Commission met in a working session in the conference room, Municipal Building, at 7:00 p.m. on Tuesday, March 15, 2005. Present were Chair, Loren Olsen, Brian Close, Bill Hayward and Bill Wise. The meeting was called to order by Chair Loren Olsen. Public comment No comment was received under this agenda item. Minutes - March 8, 2005 Action was tabled by Chair Loren Olsen until the next meeting. Review Bullet Point List from City Manager Kukulski Mr. Olsen mentioned Mr. Kukulski's point of should the clerk be reporting to the commission or the city manager. Mr. Close stated the model charter is ambiguous as to the clerk of the commission. Ms. Sullivan stated an ordinance has been drafted to change the clerk to report to the city manager. One of the commission's greatest frustrations is evaluation of the clerk. The commission up until the current commission they were not willing to relinquish control of the clerk. Other managers have been comfortable with the commission. The only change is who does the clerk's evaluation. Nothing else was changing. The clerk is their staff member. The proposal is to change the title to City Clerk as of July 1. Mr. Close asked if she felt this was a healthy change. Ms. Sullivan replied, yes. It would remove frustration during the evaluation process. She expressed concern regarding the strength of the city manager. Mr. Close stated the charter can address the issues of city manager and city clerk personalities. We can also leave it up to the commission to address this issue by ordinance. Ms. Sullivan provided the LGSC with a copy of the draft proposal. Mr. Hayward asked who set the clerk's salary. Ms. Sullivan explained how her salary was set. Commission did the evaluation and manager set the salary by pay for performance. Mr. Olsen refocused the discussion back to the managers list. LGSC should address the size of the commission. Stated if the Kalispell clerk was under the manager. Ms. Sullivan stated she liked the language "as established by ordinance". Clarification was asked for the passage of an ordinance by Mr. Olsen. Ms. Sullivan added the clarification. Mr. Hayward addressed the title change and change in duties. Ms. Sullivan helped clarify this issue. Mr. Close stated the election of the mayor in the model charter is not supporting of the one who receives the most votes. Mr. Olsen asked for ideas on how should the commission should be elected. He opened the floor to ideas. Mr. Olsen mentioned the Mayor election as addressed by the manager's list. Mr. Hayward asked for clarification on the purpose of the manager's list. Mr. Olsen stated there were no surprises in the manager's list other than the clerk's position. Mr. Close was surprised about what was not in this list. No survey for employees. Need to sit down and speak with manager and the need for feed back on government services. Do we do a standard survey of services? Suggested the commission add to the list and discuss it with manager. Mr. Hayward asked if this was a list we need to discuss with manager? Mr. Close stated it would be appropriate to either have a full meeting with him or send a delegation to address this list. There are several non charter matters to be addressed. Mr. Olsen continued with the manager's list. Mr. Close asked what was the manager's response in his survey towards a charter. Mr. Hayward state the manager was on record as being in favor of a charter. Mr. Close quoted from manager's survey response. Also addressed the other forms of government available defined by statute. Addressed in manager's survey two choices counsel manager or strong mayor. staff. Mr. Olsen continued with the manager's list Mr. Hayward asked for clarification of appointed officials. Mr. Close provided clarification City attorney, director of public safety and administrative Mr. Wise stated we can influence the job descriptions of appointed officials. Mr. Olsen closed the discussion of the manager's list by asking the members to file the list and keep it in mind as we continue our research. Questionnaire Responses Mr. Hayward provided an additional summary of the responses receive from the survey of elected and manager questionnaires. We now have nine returned responses. He focused on the summary pages of selected responses. Mr. Close stated it appeared no one was in favor of pure ward system. Mr. Olsen stated the ward system is not acceptable by many of the public he comes in contact with. However, if that is the majorities wishes we need to address this issue. Close - there is no great expression of interest in wards. The survey responses are from very experienced people and they see the directly elected mayor as having great influence and we need to craft this to maintain stability. Suggested commission appointing the mayor. Olsen - should the mayor be directly elected the possibility of losing a good person who may finish second? Focused on mayor appointed by the commission and what could have happened in past elections. Close - stated an example of problems of a commission appointed. Olsen - mayor putting items on the agenda. Close - added clarification to this matter as it currently stands and how various individuals feel the present system is working. Olsen - how a commission appointed mayor can influence the meeting agenda. Also what is wrong with our current method of appointing a mayor? Close - clarified the current method of appointing a mayor. There are problems with the years there are three seats open and who would appear to be the top vote getter and add in the election. The possibility of giving the mayor more constitutional power. If the mayor is directly elected thus how much power is given to the mayor in the charter? Create a positive role for the mayor and a facilitator of the issues. "First among equals". Exhibit the ability to move the policy process forward. Something to address in the charter and move the office towards the perceptions of the public. Work on the appointment powers of the mayor. Clarify who has authority over the agenda and the appointments. Putting items on the agenda to be debated to be a role of the mayor. Define this in the charter so it is not threatening to the manager's office. We are only allowed to present two sub -options on the ballot. Surveys are addressing the strength of the mayor and the concerns addressed by the respondents. If you directly elect the mayor you circumspect his authority which is a positive improvement. Or you leave the mayor as a weak chairman and have him elected by the commission. The possibility of not having a mayor. Possibly to radical for the public. Olsen - Elections could add the issue of if the candidate is top vote getter and thus mayor. Challenge is to write the charter to say this is how Bozeman operates right now. Some are not in writing and this is to document these policies. Risk if we make too many changes to the operation the public may not agree. Hayward - thought the weak mayor would help take money and balance out of the picture. Also the commission will elect whoever is in the majority. Pointed out a survey respondent stated we really don't have a mayor, but a chairman. After you define the job may address how the mayor is appointed or elected. If you keep the position weak it is not as controversial Close - May have a candidate address their qualifications for being mayor to be elected to the position. Addressed the model charter duties given to a mayor. Restricting any special appointment power of the mayor. Moving the policy process along as stated in the model charter. The appointment or election of the mayor could be addressed as sub -options to the voters. A charter could be used to restrict self-governing powers - survey reaction. Hayward - campaign spending limits were the next addressed from the survey results. Next were the results of should the city have a charter. Self governing powers are broader than a charter. Olsen - explained further other responses not yet accumulated. Close - self-governing powers granted by the legislature. Stated a charter would not necessarily restrict this. Also, what happens in three years if there is a movement to amend the charter? Hayward - quoted from two respondents more rules and regulations and more rule give more power. Rules allow more flexibility and yet can be more restrictive. Charter should address ethics, explained the results from the surveys. Close - we have something to address this in the model charter. Require the commission to do something about ethics. There are standards within the city code for ethical conduct however there is no mechanism to enforce the standards. Possibility of creating an ethics board to address this issue. Possibly use what is in place for employees to help address this issue. "Statute - number of sub -options to be put to the voters (Close). Hayward - number 16e results were discussed. - Communication was the apparent issue. Other survey responses were discussed. The use of further input from these individuals could be utilized in the draft process of a charter. Close - asked Olsen to get further responses from Clerk and manager to shake the tree of current commissioner's survey responses. Getting a good cross section of the political spectrum. Olsen - get a few more surveys back and call it good. Charter Provisions for Neighborhood Council Close - provided an over view of a study on neighborhood councils. Focused on Spokane WA and how they addressed neighborhood councils. Moved on to the positions expressed at the March 8 meeting with the INC. There are strengths and weaknesses. Neighborhood councils are reactive are the main complaints. It is possibly the nature of the beast. Encouraged commissioners to look at the language from the study and the Spokane document. Through out possible language for councils in the charter. Problem if it is in the charter it cannot be touched for three years. On the other hand making the commission draw or recognize councils may be another route. Olsen - Summarized a document from Ms. Nicholas and from Tracy. Need to talk about what was learned last week. Solution to a lot of Bozeman's problems would be formalized councils. Grooming people for public office; however, the councils do not want to be formalized. Close - Not formalized so they don't have to have formal meetings and such. Many of the items in Tracy's document outline what would be required of councils. Hayward - they are issue driven. Close - it was an experiment in Helena and Great Falls. They are receiving 80% participation. The problem is we have an existing structure that is evolving and established the guideline documents. He continued to speak regarding the current structure and participation. Do not do anything to interfere with the development of the councils. Is there something we can put in the charter to address the development of councils and community councils. Can we help this process? If we did do something would it hurt the process? Olsen - heard complaint that representation from the council may not be the representation of the neighborhood as a whole. Hayward - bright people and active that did not want a lot of rules. Represent on particular issue. How do we support them? Close - two practical measures 1. To recognize INC and the role determined by the commission. Raise the Neighborhood coordinator to a greater level. Also define the input and what it should be. The greater area of issues regarding planning. Problem of granting greater representation to the INC. Also the guidelines also address this issue of those who wish to be members of the INC. Not sure if accelerating the process can be forced. Make it as a recommendation. Make a policy decision a constitutional (charter) decision. Olsen - greater input to the planning board by the councils. Olsen - role of involvement from our process from the politically involved citizens and keeping them involved. New Business Vacant Commission Position Olsen - spoke with manager Marilou Turrentine has spoke with Krause and expressed interest in filling our vacancy. Others spoke with were not interested in serving. Next Monday, commission will appoint Julia's replacement. Close - spoke of others he had spoke with. Becky Robideaux would put here hat in for the vacant position. No action appears to have happened. Olsen - Anyone interested will need to speak with Krause and other commissioners as soon as possible. Secretarial Candidate No action to fill the position. Wise - explained he had contacted Robin regarding candidates. - Contact of the candidates to address the position and availability Study Commission Office **Olsen to check on office E-mail - working and available Close - OpEd piece by Olsen was discussed and potential issues to address. Next Meeting March 22, 2005 - Commission Room 7 pm. Agenda - Brian to provide list of issues for possible discussion. - Possible new member - bring them up to speed. - Secretarial position - Draft Charter Motion to adjourn Brian, Hayward, second 9:26 pm. LOREN OLSEN, Chair BILL WISE Study Commission Recording Secretary