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HomeMy WebLinkAbout03-07-06 Minutes, Study CommissionMINUTES OF THE MEETING OF THE CITY OF BOZEMAN, MONTANA LOCAL GOVERNMENT STUDY COMMISSION March 7, 2006 The Study Commission met in regular session in the Conference Room, Municipal Building, at 7:00 p.m. on Tuesday, March 7, 2006. Present were Chair Loren Olsen, Brian Close, Harold Fryslie and Marilou Turrentine. Bill Hayward was absent. Also present was City Clerk Robin Sullivan. The meeting was called to order at 7:00 p.m. by Chair Loren Olsen. Public comment No members of the public were present. Future timeline Brian Close reported that the final report must be submitted to Shelley Vance at the Clerk and Recorder's Office no later than August 24. Prior to that, the Study Commission must hold one or more hearings on the tentative report and one hearing on the final report to meet legal requirements. Given those dates, Brian proposed that the Study Commission have the draft report completed by mid -May and then seek legal review from City Attorney Luwe, with that review to be completed by July, the tentative report completed, hearings held prior to preparation of the final report, and the required hearing held prior to the deadline. Loren Olsen suggested that further discussion of this item be delayed until next week, since the timeline is in a spreadsheet on the other laptop and is not available for this meeting. Chair Olsen stated that City Manager Kukulski has suggested the Study Commission may wish to meet with the new City Commission on either April 10 or May 8, possible 1 to 1 Y2 hours prior to the start of the regular meeting. He noted the Study Commission can give a progress report and seek input from the new Commission. Chair Olsen noted that at last week's meeting, Celeste announced she would be unavailable for the summer meetings and stated that, since then, he has talked to Robin about the possibility of taking over those duties somewhere around mid -May. He indicated that the Study Commission will follow whatever steps are required within the City structure to fill the position; and Celeste has promised to work with the new individual to assure a smooth transition. Work through the Charter (second draft) The Study Commissioners continued their work through the second draft of the charter, beginning with Section 3.03. The Commissioners indicated comfort with the section as written. It was moved by Brian Close, seconded by Harold Fryslie, that the section be made blue. The motion carried unanimously. The Study Commission skipped Article V, which is the section pertaining to finance, until Bill Hayward is present, and continued their review with Section 6.03. Loren Olsen noted it is important to retain the weak mayor in this form of government, rather than a strong mayor, which could result in significant conflicts. He indicated one issue to be discussed is the benefit of a two-year training period as Mayor Elect/Commissioner prior to assuming the role of mayor and how this would help keep the mayors role weak. Brian Close stated he feels it is important to give the mayor the authority to add items to the agenda, but not to remove items. Since this section ties to the previous sections of this article, the Study Commissioners chose to delay a decision on how the mayor is chosen. The Study Commission reviewed Section 6.04 briefly, recognizing that it cannot act until Brian Close has completed his legal review and prepared a memo. The Study Commission then turned to Article VII. Harold Fryslie questioned the need for including a section on conflict of interest and ethics in the charter, and cautioned it will be difficult to enforce. Brian Close responded that the City already has an ordinance on conflict of interest and ethics. He then gave examples of advisory boards violating that ordinance, suggesting the violations were based on their lack of understanding of those provisions. He indicated that under the current structure, any violation of the ordinance must be addressed through a criminal complaint filed with the City Attorney. Under this article, an ethics board would be created and charged with investigating the complaint and filing a report. He noted that under the article as drafted, the ethics board may only investigate complaints filed and may not seek out violations. He then reviewed his notes and indicated that he is awaiting a response from City Attorney Luwe on Section 7.01.b. Brian Close cited the recent parking garage issue as an example of not having enough government. He suggested that local government should never have to pay for lobbyists, particularly with the existing congressional delegation that is willing to pursue funds for projects within the state, and particularly within Bozeman. He cautioned that public/private partnerships must be more tightly controlled, and suggested the preferable alternative would be for the City to hire a project manager to be responsible for all major capital projects. Under Section 7.02.b., Brian Close asked if the Commission feels it is appropriate to ban someone who has violated the list of prohibited activities, which essentially include sexual harassment, falsification of records, and bribery, from employment or holding office for five years. He stressed that, in this instance, the important question is whether the penalty fits the crime. He also suggested that a statement be added to recognize the City's current grievance procedures, and asked that this section be brought back next week for further discussion. Under Section 8.01, the Study Commissioners agreed unanimously that the last sentence should be removed. They also agreed that the remainder of the section should be in blue, except for the percentage of signatures required on a petition. Under Section 8.02, the Study Commissioners agreed unanimously that only the first sentence is needed and that it should include reference state statutes. They also asked that this section be turned to blue along with Section 8.03 as written. Following a brief discussion, the Commissioners agreed with Section 9.01 as written and asked that it be changed to blue. Since the charter does not propose that any departments be abolished, the Study Commissioners agreed unanimously that Section 9.02 should be deleted. The Study Commissioners also agreed with Section 9.03 as written and asked that it be renumbered to 9.02 and changed to blue. Brian Close noted that the old Sections 9.04 and 9.05 need to be reviewed and possibly rewritten to comply with state statutes. The Study Commission concluded review of the charter by asking that the severability provision in old Section 9.06 be renumbered to 9.05 and printed in blue. New Business Chair Loren Olsen reported that he submitted a budget request for $15,000 for next fiscal year to Director of Finance Anna Rosenberry. Confirm date of next meeting The next meeting is scheduled for 7:00 p.m. on Tuesday, March 14, 2006, in the Conference Room. Adjournment - 9:05 p.m. It was moved by Brian Close, seconded by Harold Fryslie, that the meeting be adjourned. The motion carried. LOREN OLSEN, Chair PREPARED BY: ROBIN L. SULLIVAN City Clerk