Proposed Amendments to the City Charter

[Paul Roberts]

Proposed Amendments to the City Charter

1. Clarification of Council Member Access to Staff (Section 3.23)

• Add explicit language to Section 3.23 to reaffirm the individual rights of council members to directly access information and staff. Proposed addition:

"The individual Council members shall have the unrestricted right to meet with the City Manager or department heads to obtain information deemed necessary to make informed decisions regarding the business of the City. Such access shall not require prior notification to or approval from the City Manager. This access includes, but is not limited to, verbal discussions, written correspondence, and the receipt of materials or reports."

2. Refinement of Section 4.01

• Amend Section 4.01 to eliminate ambiguity about council members’ rights to communicate directly with staff. Proposed addition:

"For the purposes of inquiries and investigations under this charter, and in the normal course of obtaining information necessary to fulfill their legislative duties, Council members may interact directly with City employees subject to the supervision of the City Manager without requiring oversight or pre-approval."

3. Inclusion of Staff Whistleblower Protections

• Add a new provision to explicitly protect staff who communicate with elected officials regarding policy, operations, or other concerns:

"City employees shall have the right to communicate with any elected official without fear of reprisal. This includes raising concerns regarding policy, operations, or employment matters. Any retaliation against employees for exercising this right is prohibited."

4. Addition of a Section Addressing Interpretation Conflicts

• Introduce a new section in the charter to ensure harmonious interpretation of potentially conflicting provisions:

"In the event of a conflict or ambiguity between provisions of this Charter, such provisions shall be construed in a manner that most effectively upholds the principles of transparency, accountability, and the individual rights of Council members as set forth in this Charter."

5. Introduction of Council Districts

• Transition from entirely at-large representation to a mix of district-based and at-large council members. Proposed structure:

"The City Council shall be comprised of members elected from designated districts and at-large positions. The Council shall consist of [X] members elected by district, [Y] member(s) elected at-large, and the Mayor, who shall also be elected at-large."

• Rationale:
  • Ensure representation of diverse geographic areas within the city.
  • Maintain at-large positions to provide broader perspectives on citywide issues.
  • Establish a process for determining district boundaries to ensure equitable representation.

6. Amendment to Section 3.11 (Council Meetings)

• Replace:

"Special and called meetings shall be held as determined by the Council or called by the Mayor."

• With:

"Special and called meetings of the Council may be convened by the Mayor or by the request of two Council Members then seated, as determined by ordinance adopted by the Council."

• Rationale:
  • Aligns with current practices outlined in the Rules of Procedure.
  • Provides clarity and flexibility for future councils to modify the process by ordinance as needed.

Rationale for These Changes

1. Improving Representation: Introducing districts ensures equitable representation of all geographic areas in the city, addressing potential concerns about underrepresentation of certain areas.
2. Preserving Transparency and Oversight: Reinforcing council members' access to staff and information upholds the principles of accountability and effective governance.
3. Addressing Ambiguities: Refining Sections 3.23 and 4.01 eliminates room for restrictive interpretations that could hinder council members' ability to perform their roles effectively.
4. Ensuring Staff Freedom to Communicate: Protecting staff members' rights to speak with council members fosters an open, transparent environment.
5. Streamlining Council Operations: Clarifying the process for special and called meetings ensures consistency and flexibility while reducing potential confusion.

 

[Shane Saum]

Proposed Amendments to the City Charter

1. Clarification of Council Member Access to Staff (Section 3.23)

• Add explicit language to Section 3.23 to reaffirm the individual rights of council members to directly access information and staff. Proposed addition:

"The individual Council members shall have the unrestricted right to meet with the City Manager or department heads to obtain information deemed necessary to make informed decisions regarding the business of the City. Such access shall not require prior notification to or approval from the City Manager. This access includes, but is not limited to, verbal discussions, written correspondence, and the receipt of materials or reports."

2. Refinement of Section 4.01

• Amend Section 4.01 to eliminate ambiguity about council members’ rights to communicate directly with staff. Proposed addition:

"For the purposes of inquiries and investigations under this charter, and in the normal course of obtaining information necessary to fulfill their legislative duties, Council members may interact directly with City employees subject to the supervision of the City Manager without requiring oversight or pre-approval."

3. Inclusion of Staff Whistleblower Protections

• Add a new provision to explicitly protect staff who communicate with elected officials regarding policy, operations, or other concerns:

"City employees shall have the right to communicate with any elected official without fear of reprisal. This includes raising concerns regarding policy, operations, or employment matters. Any retaliation against employees for exercising this right is prohibited."

4. Addition of a Section Addressing Interpretation Conflicts

• Introduce a new section in the charter to ensure harmonious interpretation of potentially conflicting provisions:

"In the event of a conflict or ambiguity between provisions of this Charter, such provisions shall be construed in a manner that most effectively upholds the principles of transparency, accountability, and the individual rights of Council members as set forth in this Charter."

5. Introduction of Council Districts

• Transition from entirely at-large representation to a mix of district-based and at-large council members. Proposed structure:

"The City Council shall be comprised of members elected from designated districts and at-large positions. The Council shall consist of [X] members elected by district, [Y] member(s) elected at-large, and the Mayor, who shall also be elected at-large."

• Rationale:
  • Ensure representation of diverse geographic areas within the city.
  • Maintain at-large positions to provide broader perspectives on citywide issues.
  • Establish a process for determining district boundaries to ensure equitable representation.

6. Amendment to Section 3.11 (Council Meetings)

• Replace:

"Special and called meetings shall be held as determined by the Council or called by the Mayor."

• With:

"Special and called meetings of the Council may be convened by the Mayor or by the request of two Council Members then seated, as determined by ordinance adopted by the Council."

• Rationale:
  • Aligns with current practices outlined in the Rules of Procedure.
  • Provides clarity and flexibility for future councils to modify the process by ordinance as needed.

Rationale for These Changes

1. Improving Representation: Introducing districts ensures equitable representation of all geographic areas in the city, addressing potential concerns about underrepresentation of certain areas.
2. Preserving Transparency and Oversight: Reinforcing council members' access to staff and information upholds the principles of accountability and effective governance.
3. Addressing Ambiguities: Refining Sections 3.23 and 4.01 eliminates room for restrictive interpretations that could hinder council members' ability to perform their roles effectively.
4. Ensuring Staff Freedom to Communicate: Protecting staff members' rights to speak with council members fosters an open, transparent environment.
5. Streamlining Council Operations: Clarifying the process for special and called meetings ensures consistency and flexibility while reducing potential confusion.

Councilman Roberts, thank you for writing this up and I agree each of these should be considered by the Charter Review Committee. Along the same concept of allowing all council members to interact with staff, we need to ensure the Mayor's position is not able to go rogue and have undue influence over the City Manager and staff outside the purview of the rest of Council. I would like to see the CRC review Article III and ensure there are protections, especially within 3.06, to ensure the Mayor is not making unilateral decisions outside of Council purview and meetings. It is clear the Charter has established the Mayor is simply ceremonial, but still intended to be an equal member of Council.

We also had an issue this past year which resulted in the Mayor being censured for willfully and knowingly violating the City Charter. During this process, there was much confusion about what the process truly was for this and what punitive measures the Council could/should take. I think the CRC should consider expanding on a section to spell out a process for when the charter is violated and to provide more options of what actions can be taken. For example, there needs to be more punitive measures than just removal from office. Perhaps written condemnations or other lesser penalties for lesser violations etc.