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