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HomeMy WebLinkAbout10-04-05 Minutes, Study CommissionMINUTES OF THE MEETING OF THE CITY OF BOZEMAN, MONTANA LOCAL GOVERNMENT STUDY COMMISSION October 4, 2005 The Study Commission met in regular session in the Commission Room, Municipal Building, at 7:00 p.m. on Tuesday, September 26, 2005. Present were Chair Loren Olsen, Brian Close, Bill Hayward, and John Trull. Also present was Secretary of the Study Commission Celeste Janssen. Marilou Turrentine was absent. The meeting was called to order by Chair Loren Olsen at 7:04 pm. Minutes — September 13, 2005 Brian Close motioned to approve the minutes of September 13, 2005. John Trull seconded the motion, and the motion passed unanimously. Public comment No public was present to give comment. Review of responses to auestionnaire First Citizen Panel; Transparency in Government Regarding the location of the first citizen panel: Bill Hayward could arrange the new recreation room at the Senior Center; Celeste Janssen could arrange a large room at Eagle Mount; or Loren Olsen could get the Chamber of Commerce. Bill Hayward and Brian Close agreed to check out the Senior Center, as it is an easy location for most folks to find. Loren Olsen moved to allow Brian Close and Bill Hayward to choose the meeting place. Bill Hayward seconded the motion, and the motion passed unanimously. Bill Hayward passed out a draft of background material for the first citizen panel. The document must be turned into Tracey Oulman the following day. The information contained a two page letter and then documents from Portland's Public Involvement Task Force, Jane Jelinski, Ashland, Missoula, and financial pieces from the Model City Charter. Bill Hayward tried to use unbiased information. He purposely left out Marilou Turrentine's list of communication techniques, but he tried to incorporate her ideas into the letter. Brian Close asked about the role of the facilitator. John Trull would like to add communication to voters before and during an election. He doesn't believe voter information is adequate, and would like to see what other citizens believe. Brian Close noted that other organizations will do provide voter information pamphlets. He stated that the City cannot use government facilities or employee time to promote or oppose any measure. John Trull wondered if it would be legal to have each side or candidate provide 300 words. Bill Hayward noted that citizens have a responsibility to be informed as well. Jim Madden The Study Commission will meet with Jim Madden on Friday, October 7th at 1:30 pm. If possible, the meeting will be held in the same location as the noon meeting. The agenda will cover the communication literature and the meeting facilitation style. Second Citizen Panel Brian Close would like another week to prepare background information for the second Panel. Loren Olsen agreed the extension would be fair. John Trull has collected background articles. Brian Close will email his information to John Trull. Page 1 of 4 National Citizen's Survey The Study Commission was given color copies of the National Citizen's Survey. The Survey will be presented at the October 10th City Commission meeting. Chris Kukulski asked the Study Commission to come with questions. Also, Loren Olsen believes the results are confidential until the public meeting. City Commission Elections Loren Olsen has been approached for endorsement by four of the six City Commission candidates. Chair Olsen refused to give endorsements because he doesn't want to jeopardize the Study Commission. Bill Hayward believes that Study Commissioners members can write letters as citizens but cannot associate the Study Commission. Loren Olsen reminded everyone to be respectful and to act as private citizens. The Study Commission decided not to formulate questions for the candidates. Chair Olsen suggested inviting the experienced ex -commissioners to future meetings with the City Commission. Charter discussions Celeste Janssen will email the charter to everyone on the following day. Section 2.05. John Trull wanted to strike this section. He notes that Montana State law already deals with these topics, and therefore he does not think they should be reiterated in Bozeman's charter. He is uncomfortable with creating a restrictive charter, and believes that good solutions can be found by leaving some aspects of decision -making up to the discretion of the Commission and City Manager. Brian Close stated that there might be value in making there be a one-year waiting period between being an elected official and city staff. There was conversation about pros and cons of a board of ethics, and also explanation of the current practice. Bill Hayward, Loren Olsen, and Brian Close voted for adopting most of (a), and all of (b) and (c). John Trull voiced his dissent. Section 2.06 (c) Brian Close said he would like to reexamine the time periods and possibly change it to 75 days. John Trull said he is uncomfortable with the expense of a special election, and would like to delete that clause. John Trull suggested finding another solution, such as having the City Manger make the appointment, or a panel of judges, or waiting for the next scheduled election. Bill Hayward responded that the City Commission would be blamed for the expense of a special election, and therefore they would work diligently to replace vacancies. Loren Olsen supports a special election in the case of a City Commission deadlock, because citizens still need to be represented. Brian Close stated that constitutional theory is to elect officials, and therefore supports a special election. John Trull will seek input from Shelley Vance, and how find out what the cost of a special election would be. Loren Olsen noted that the Study Commission had some topics where there was not universal agreement. The Study Commission agreed that three members must vote for a section in order to turn the text blue (which signifies the text should be included in the charter). Loren Olsen, Bill Hayward and Brian Close voted to adopt 2.05. John Trull voiced dissent and asked all Study Commissioners to realize that theywere voting for a substantial change to current practice. Section 2.07. This section is consistent with Montana law, because right now anyone can go to court to challenge an election, and the court is required to make that its top priority. Brian Close believes this is a good idea for forfeiture, but not for elections. He is wary of having unelected people remove commissioners. John Trull believes that section 2.07 should be excluded from the charter. He said that he is uncomfortable with turning the City Commission into a judge and jury able to issue subpoenas. City Commissioners are usually not trained legal professionals. Bill Hayward and Brian Close both believe the Commission would have their lawyer in charge of legal proceedings, but John Trull pointed out a lawyer is not mandated in the section. Brian Close stated that there must be a procedure to deal with forfeiture. John Trull said he felt very strongly on this issue and would consider writing a minority report. He believes that this section is not needed because the City Commission can already implement any system not prohibited by state law. Brian Page 2 of 4 Close said that this section would safeguard the accused member, giving him the right to a public hearing and subjecting all subpoenaed witnesses to perjury. Bill Hayward stated the City Commission should be able to question qualifications. He believes this section would enable them to rule on residence. The court can always be used for relief, too. For all of these reasons, Bill Hayward agrees with Brian Close. Brian Close, Bill Hayward, and Loren Olsen voted to adopt the section. Section 2.10. Investigations. This section gives the City Commission (not the manager) the ability to do hold an investigation. Brian Close noted that there must be a way to deal with dirty issues, and he noted that the fine would be limited by state statute. John Trull questioned the statue and asked that it be referenced. John Trull reiterated his argument from Section 2.07 and added that this section would give the City Commission the ability to pass legal judgments and issue fines. He wonders if this section is in violation of due process. Brian Close and Bill Hayward discussed what would happen if Bozeman got sued. Brian Close, Bill Hayward, and Loren Olsen voted to adopt the section. 2.11. Procedure. Brian Close, Bill Hayward, and Loren Olsen voted to turn the text green for now. 2.12. Actions Requiring An Ordinance. Brian Close said that Bozeman is currently using resolutions instead of ordinances in many instances. He would like for the Study Commission to have more knowledge on this topic, and will speak with Paul Luwe or Susan Whardahl. Loren Olsen motion to have Brian Close speak with Mr. Luwe on this topic. John Trull seconded the motion, and the motion passed unanimously. Bill Hayward left the meeting at 9:25 pm ARTCLE III. 3.02 Removal. Brian Close notes that the City Manger is under contract and can always be fired. This section provides him with more protection. Loren Olsen, John Trull, and Brian Close voted to adopt the section. 3.03. Acting City Manager. Loren Olsen said that Chris Kukulski has created a succession plan, but he is not sure if it was approved by the City Commission. John Trull would like to look at the current City Manager job description in order to make sure the Study Commission is not out of line. He also would like to talk about adding a procedure to make it easier to add or change job duties. Celeste Janssen will try to find a job description for City Manager. In the meantime, the three Study Commissioners present decided to turn the text green. Fir, tMraLTA 4.03. Alternative II is Bozeman's current practice. Brian Close, Loren Olsen and John Trull voted for deleting Alternative I and III and keeping Alternative II. Brian Olsen asked for the Study Commission to review Article IV before meeting again, in order to discuss provisions on a neighborhood association, municipal court, and staggering board terms. New business There was no new business at this time. Confirming date for next meeting October 7, 2005, in the Conference Room above Rocky Mountain Roasting at 12 pm. Directly after will be the meeting with facilitator Jim Madden. Adjournment - 9:57 p.m. Page 3 of 4 There being no further business at this time, it was moved by John Trull, seconded by Brian Close, that the meeting be adjourned. The motion carried unanimously. LOREN OLSEN, Chair ATTEST: CELESTE JANSSEN, Secretary of the Study Commission Page 4 of 4