Ad Hoc Rules of Procedure Meeting #3 Post-game

”…Public expression of dissent and protest outside the open public meeting is inappropriate unethical behavior.”

Introduction

This third meeting of the Ad Hoc Rules of Procedure Committee lasted one hour. The meeting consisted of committee chair Traci Buxton and members Matt Mahoney and Harry Steinmetz. They were joined by Chief Administrative Officer Bonnie Wilkins and City Attorney Tim George. City Manager Michael Matthias also attended the majority of the meeting. Audience members included moi, CM Achziger, CM Pennington, and four civilians. No public comment was taken.

There were printed copies of a new version of the document. Again, no version number, no ‘draft’ indication and no mark-up indicating changes from the last  17 March) version. I only know it’s different at a glance because the page numbers were corrected.

For all you noobs out there in radioland, here are the current (2019) Council Rules of Procedure, and some links to previous articles on the progress of this committee.

The meeting

Transcript below.

0:00 ‘Put it on my table’

The meeting was called to order and immediately Chair Buxton asked if anyone was recording the meeting. I say ‘you bet’ and a skirmish ensues where she demands I place my phone on her desk. Not being in grammar school, I politely decline. Here is the Attorney General’s Q&A  I reference, which gives suggests that any member of the public is free to record any OPMA meeting.

0:00 Introduction

Buxton then proceeds with opening remarks. She says that the committee has already looked at documents from many other cities and claims, but without example, that many cities are doing complete re-writes of their rules of procedure; ‘the sky is not falling’. She is extremely happy with the process and thanked a bunch of people for their help.

7:45 Comments

The meeting then moved onto opening comments from other committee members, then City Manager Matthias. The majority of which were responses to my previous post and expressing disappointment in me.

Mayor Mahoney outlined the first schedule I’ve heard about the process. Apparently, the committee has already been working with Jurassic Parliament consultant Ann McFarlane. But instead of having her interview each CM as previously discussed, her role will be to review the ‘really, truly, final, pinky swear draft’ and provide her comments before the final vote, and possibly attend a Council meeting to take questions from CMs.

The chair then asked the City Manager for comments and he too expressed his disappointment in moi, but astutely pointed out that, at bottom, the whole deal depends on trust and I could not agree more.

23:00 5.03g Dissent

The remaining forty minutes consisted of review of the following sections.

”…Public expression of dissent and protest outside the open public meeting is inappropriate unethical behavior.”

I strongly urge readers to listen to this discussion where the City Attorney made a lengthy comment in full support of this language and its intent. He seems to be saying that the City Council, voting as a body, is an entity entitled to its own First Amendment rights. Sort of like the ‘artificial person’ idea with corporations. And one of those rights is the ability to censure a member of the City Council when they break the rules. The censure is a form of speech.

To a point, a body must have the authority police itself for certain offenses which would threaten the proper functioning of that body. But I believe the 9-0 Supreme Court case Mr. George is referring to is  Houston Community College System v. David Wilson. In that case, the censure was a response to Mr. Wilson taking some extreme actions, including suing the board (twice!) while he was a member; not merely disagreeing with the board in public.

I want to get clarity on this, but I heard Mr. George to mean the following:

A member of the Des Moines City Council can say or write something expressing an opinion on any prior action of the Council, and if the majority of the Council hears or reads that opinion and defines it as ‘dissent’, for any reason? Under this ruling, the Council has a First Amendment right to censure said CM for doing so.

Wowza. Imagine trying that interpretation on for size with State or Federal legislators.

26:00 Chapter 6: the Revolving Door

Steinmetz raised one of the issues I campaigned heavily on: limiting electeds (and City staff) from leaving office (or employment) and then

  • Immediately taking up employment as a consultant
  • Taking employment with an organisation which creates possible conflicts with the City.

Steinmetz asked about a two year cooling off period for electeds, which I fully agree with. Mahoney countered with one year. Steinmetz agreed.

However, being a matter of legal employment, this kind of change cannot be made in Council Rules, it must be made in the DMMC under Chapter 2.44. Look for a separate ordinance at some point.

29:45 7.05: Criticism of staff

Since I was called out by name in Steinmetz’ comments, here’s the thing. I can’t recall a single time I’ve criticised a member of the staff by name, either in public or private. I’m also unaware of  any colleague ever mentioning such an event to me either during or after a meeting. To my mind this is just another of those deals where there are vague accusations and no specifics. So, all personal animus aside, this is a solution looking for a problem.

Basically, they want to attempt to come up with language where councilmembers must critique ‘the City’ as represented by ‘the City Manager’ rather than as individuals. Actually, their ideal seemed to be no ‘criticism’ of anyone or anything except in private discussion and solely with the City Manager. But that ain’t happening. 😀

Now if you think about it, it comes down to the definition of ‘staff’. I think everyone would agree that criticising a person by name or identifiable position? So….. not cool.

But it seems perfectly reasonable to me for a member of the Council to say, “On issue XXXXXX? Department YYYYYYYY dropped the ball.” If residents are concerned about ‘communication’, or ‘public safety’ or whatever, we have to be able to represent their concerns in that specific a fashion and do so in public.

And to be clear: that approach was perfectly normal when I first started attending City Council meetings years ago. (I leave that exercise to the reader. Just go to my Youtube Channel for examples.) No lives were lost and having spoken to many former employees, no one seemed traumatised. Municipal employees understand that public employment is, to a certain extent, well… public.

39:00 8.05 RecordingS

There were four paragraphs, including the last one which would have banned any recording or photos during a public meeting without the permission of the Mayor or Council. But… after the opening kerfuffle, it was kinda self-evident that the entire para had to go. Way to go democracy. 🙂

The remaining paragraphs are redundant and somewhat contradictory. Given that it is 2023, in my opinion there could be one (or 1.5) paragraph(s.) Plus or minus, something like this:

All meetings of the Council, any sanctioned Council Committee or Advisory Committee, or public presentation by an official representative of the City Council shall be video-recorded and maintained in perpetuity, along with supporting documents such as agenda, minutes and presentation materials.

There also needs to be something in there about broadcasting on Youtube and Channel 21.

48:55 11.01f: The hat

This goes back to my earliest meetings with the City Manager in 2020. I asked that I receive printed copies of documents whenever possible in advance of the meetings, due to a visual disability. Some of the packets are several hundred pages long and the City has a big printer that can spit that out in no time. I do not. My request was denied and I let it go.

We had a kerfuffle over vouchers and the City HR department informed me that the City would now treat Councilmembers the same as other City employees when it came to HR accommodations. Which was nice.

A few months ago, I asked for a meeting with the HR Director to request another accommodation and was refused. What I had intended to provide, in private, was a note from my doctor concerning wearing a hat.

At today’s meeting, the committee said they would provide exceptions for ‘religious and medical exceptions’ to the dress code. Which was nice, but still I object for three reasons:

  • Providing only religious and medical exceptions seems like a violation of one’s first amendment rights. One’s appearance is a matter of personal expression. You work for the voters. If they don’t like it? They’ll let you know. But it’s not up to any majority (who you are not employed by) to tell you what is or is not appropriate attire. People may not appreciate the Detroit Red Wings, but I can think of any number of outfits and headwear that serve no other purpose than to express a person’s sense of style and if that’s what an elected wants do? Live like you wanna live, brothers and sisters. Because frankly? I care what my colleagues say and how they vote; not how they look.
  • I also feel like this rule is a violation of one’s privacy. It forces the CM to have to ask permission for simple accommodations. I’ve gotten hate mail for ‘over-sharing’ about my health, but it’s only because anyone could see this coming from miles away. Many people do not want the public to know about their disabilities! That’s why so many of us spend extra money for the more expensive ‘invisible’ hearing aids or the less conspicuous version of various devices. It’s nobody’s damned business!
  • It’s a waste of time. If I could’ve had that private meeting a few months ago, the whole issue could’ve been avoid.

In short, as adults, who achieved office via popular mandate, we should have the agency to dress like we wanna dress, speak like we wanna speak, and spell like we wanna spell. 😀 Leave all that jazz about ‘appropriateness’ to the voters.

It’s called tolerance. It’s a real time-saver.

The JC Harris Rule(s)

On Facebook, one resident referred to Rule 11F (no hats) as ‘the JC Harris Rule’. Actually, if you look at the list of major changes to the document, nearly all are JC Harris Rules. Or rather, they are almost all rules designed to restrict speech. What you can say, when you can say it, how you say it, even what you wear. They are all about projecting a certain image and increasing the majority’s ability to pass legislation with less friction (ie. further restricting the public’s right to know) and I reject all of them on principle.

Setting aside all those pesky little details like the Constitution, my main complaint with the whole process from the beginning has been that it is a waste of time and money. The process has already taken three committee meetings. There may be one more, and it sounds like Deputy Mayor Buxton has taken it upon herself to create the cross-reference necessary because of the format shift–but that’s her business. Beyond that, will be at least two Council meetings and there will require a separate ordinance to make that ‘revolving door’ change to the DMMC. Add in all the City review time and hiring Ms. McFarlane, that’s a lot of work just to commit half a dozen micro-aggressions. 😀

Seriously. The committee could have made those same changes by simple edits to the current format, and done the needed minor clean-ups, in much less time. Save time. Save money. More transparent.

The Council did not vote on a specific process. We just left things open-ended (as always) The City Manager mentioned ‘trust’ and it really comes down to the fact that my colleagues just assume that both he and they can be given open-ended mandates. I don’t. I’m an engineer. I love delegation, but I also like knowing what I’m agreeing to. I like a spec. And I think the public agrees.

Two closing comments…

First, people are constantly trying to blame the City Manager for whatever they don’t like in the City. They often do it to absolve my colleagues of responsibility. This was never fair. If you take nothing else away from listening, I hope it comes across that, at more than one point, Mr. Matthias is actually the moderating influence in the discussion. And that is not unusual. Listen: regardless of what anyone says, it is the Council majority that runs the show, and under Council-Manager-Government the only way to effect change is to hold Councilmembers to account. Blaming the City Manager while simultaneously endorsing those which support him only enables the status quo.

Second, I want to express my undying gratitude to those civilians who showed up today. I started attending meetings, in person, in 2008. I always check in with people who attend these meetings for the first time and almost 100% of the time, residents will tell me that, even though they may not fully understand what is going on at every moment they feel it. Absolutely. For most people, just being there allows one to absorb the various dynamics. If you’ve watched on TV or Youtube, I strongly urge you to attend at least one meeting in person and stay beyond the Public Comment period. I think you’ll find that being in the room, even for a few minutes, will improve your understanding of your local government.


Recording and Transcript

Good news, bad news. If I were paid, I’d use an AI-powered transcription service that separates everyone into distinct speakers. I’m too cheap, so I just used free-Google. 🙂 I will be updating this as I get a chance to clean up the transcription, but since the meeting was relatively short, I highly recommend listening to just a few minutes of the key points (intro skirmish, dissent, hat, to get a sense of the tone.)

You bet. All right. So can you put it over here, please? That’s whatever. No, i can record these. It’s a public meeting, it says, according to the state, not taking it from you, just asking you put it on the table. So you get decent recording of all of us.

Well, i mean, i’m going to get a fine recording here. Is that right? No, put it on my table. Please please put it on the table just slide on the tables. We’re trying to make sure you get an uninterrupted decent recording of us. I don’t appreciate the fact that i’ve been reporting without any anymore.

According to the state attorney general, the opinion is under OPMA that any public meeting is open to being recorded and i’m asking you to get a decent recording by putting on the table. We won’t touch it. I don’t want it to be interrupted if you’re going to that’s up to me, whether i want it to be interrupted or rightwarding this right now.

Yeah. Because it’s because the meeting is started, all right? I i i’m sure. I mean, i’ve shown you. Yeah. I i appreciate your assistance. Thank you so much. Okay, so in regard to that, i did want to offer a little bit of history. That why this started? I’ve asked her i have pushed every year for A review of canceled rules perfectly since i’ve been.

Um elected and it just was able to happen, you know, through a series of circumstances. So the council, we put it for the council, the council 72 it and so Different people had collected milk, i collected notes. Um, we, i went to In compiling background information. I consulted mrsc which is a municipal research surface center that is available as a tool for all cities across the state for legal.

Issues, all sorts of resources, 15 cities, several council members, several mayors sound cities, association, and Anna Farid. So, all these people, i’ve talked to you, personally taken lot’s note. So, there’s a lot of background and vetting. That’s gone into the process that we Uh chose. So in regard to an edit versus a rewrite.

Uh, there was a statement about us, not being a normal city, normal city, don’t do it this way. Uh, i do want to quote Deanna Dawson ceo of sound cities. Who is now the CEO of Association of washington city, entire state. We got into a conversation about this and she, i said, wow, you know, there’s just so much where we’re thinking about even doing a rewrite.

She said, Tracy, That’s how it always happens. People get in, they start wanting to make updates and they just end up with the rewrite. So she she is a seat. The CEO for sound cities for 10 years. If that was her casual, comment. All this happens all the time.

This is normal So, right now many cities are considering entire rewrites, especially on the, on the back side of covid, with hybrid meetings, the advent that the way, social media has grown and the way our communication With our communities has changed over, just over the last handful of years.

Uh, i’m in a deputy mayor meeting on a regular basis. Lots of cities are doing doing just this. So, The template that we chose. We we like i said we looked over About 15 cities and we wanted to choose something that was From a similar city as ours, a council manager city about the same size And that had seemed to operate a little bit, pretty much the way we do.

Uh, as far as form, we felt like our also, our current council wolves were a little bit archa cake and language, and style and format. So we i mean you’ll see even we picked open font and a little updated language and a chapter format to make it just updated into the 21st century.

So we wanted this to be not only a resource for our council, the seven people, but as a resource for the community, make it a little more easy to read easy to find. Eat it easy to understand. So this was intended to be a gift to our community. I wanted to clarify also about the scene of final draft.

It is a final draft to this committee. It was not intended to be a final draft to the community or to our council because we still have a couple of steps left as a committee, the work of this committee. So, if there was some miscommunication or misunderstanding about that, that was clear to us on the committee.

Uh, so this is not the sky is not falling, we’re not changing the government of our city. Our government have our city is really under under law, state of washington. There’s A lot of this is not changing the government of our city. It’s a document primarily for the you should usage of seven, people primarily does influence other people and how we act but It’s a protocol manual that is a guideline for how we interact with each other, communicate with each other, do business together in a formal setting and it has to operate under the laws of the state of washington to the camping.

Anything in this document that violates or goes against any laws in the state of washington and we are checking double checking triple checking vetting and Making sure that that is the case by the time, it comes out in the end. The schedule. Ahead of us. So, so right now, we’re still on our last.

This is the final draft for this committee process. And after this meeting, we will be taking any any edits or rights that we have for this meeting to am farling. Who is recognized statewide as? Primo, parliamentarian Um consultant for the cities, all over the state, she’s recognized by everybody from the state, government county, government city governments on down.

You, if you are vented with her, she is the parliamentarian of the state. So she will be looking at this document. I both actually already talked with her and maybe even if you edits as a result of mine, my phone conversation with her. So, Uh, After her review, we will bring the document back to this committee for one more.

Review to create a draft. For our city council at that point. And we will hopefully put in some extra helpful documents that might help people compare and contrast. But That is going to be the time where the community will see what those what the document looks like. Can you pair with our current document and our council members to be able to review it?

And We’ll have at least one if not to study sessions will be unsure. Robust communication about the items in the document so it will be up for a vote and recommendations from all the entire levels. So, i hope that offers a little bit of clarity and our schedule. Before we begin the review, i’m not going to take any comments or questions from anybody attending other than those sitting at the table for free to hear.

So i would like to The table up for any other comments before we can review. Yeah. First of all, i want to thank Michael in the staff for your for you on this as well. Make sure to delete out there a couple weekly recommended I think that. Are freezes council rules lacked what our black definitions with our rules?

Were i think we did a better job of Outlining that. Um, most rules across the state and cities. The biggest reason why a lot of them are reviewing them, doing taking the time to do, so is because social media is relatively new It is important that it can address, because Um, there’s, there’s gray areas there that needed to be defined and it was great to see something.

The other cities. What they’ve done in challenge? What it’s stuck. What had not stuck and so forth. And we didn’t have a process for those that do violate. The policy. And i think it’s fair that everybody understand what that process is and in fairness. Um, where we’re basically we had to Kind of wing it or we had unfortunately we didn’t have the ability to let things stick, or we had to let him slide a little bit because it was If there wasn’t policy for it, this this establishes that it puts everybody on, notice what those are and it’s fair.

It’s defined. It’s distinct, and i’m very happy. The hard work that my colleagues and you guys have done. Pull one more thing. So, the plan has mere is that The first week of May would be the study session. For, for this community. That’s, that’s my suggested time. If we can get there now, if and McFarland needs more time or something like that, that’s not possible.

But we would do the study section. On the first week of May, which would fit into our schedule. And then if he requires a second reading so the idea it wouldn’t need to be a study session. It would be a regular business meeting on the second weekend and correct me down.

Yeah, so rule changes required to readings that regular meetings. Okay. Um so we make the May second or the opportunity meetings in there you regularly. Okay if that timeline works, i think there’s some You got some logistical things about it, confirm with our consultant, her schedule, they were timeline.

And then the they’re being marriages mentioned, bringing it back to this committee in between for review and So bad. We can pull it together to make that happen.

Yeah, so i’ll just i saw it out here about my own. Before we start doing the document. So part of what legal did with staff, did you know, we went through the draft that was provided by this committee and looked at Um, There’s, there’s a formatting stuff. There was some stuff that was repetitive.

We wanted to confirm that everything is documented by the state law. Because that, that He’s going to try our council rules. Uh, we also have a lot of Municipal codes that address. Kind of quasi council rules. So we have a conflict of interest totally and there was language in this But in the line with that and so be removed that and there’s going to be a list of items.

Follow up items that we’re gonna have for this committee and maybe the whole council of items and in our code that need to be amended. Educated reference them in here, but we don’t want to have them both places. Um, so we’ll have our conflict of interest code. One item that has.

The consistently had some questions is our our committees. Drop council committee for our. Are our commission all that. So, we’ll want to put that on the list of things to address after the tools. Um, to basically clean them up through the flag. What are our practices? So so this will be kind of step one and you know, statue will be clicking up the items into code and update it consistent with her practices.

Thank you. Before we go. We might just kind of opening statements is. You know, it’s just been an interesting process because it’s really a good thing to try to update rules. Um, And it certainly, one of the things that i wanted to do tonight to the council and things i campaign on So, You know, we’ve had several meetings on this.

Uh, council member harecks, and council member oxender being, i think it every meeting. I’ve had a couple of conversations after the meetings and council member oxinger and Navy clarif collection points, maybe not. But nonetheless, you know, the lines of communication are always open and then i have not had any communication, the council member harris.

Uh, until he started putting things on social media. Uh, and you know, frankly i just don’t understand it. Uh, there’s got to be the way to try to address things if you have some concern. Um, The. Uh, section 7.05, which is criticism of employees. Of really should be fairly straightforward.

If you use a council member have an issue with an employee, you take it to their supervisor, which is our city manager, you don’t pick it out in public, you know, we hear it out. There’s no reason to do that. Any other way. Um, i have asked Um, The city attorney who address some of the first amendment issues with that.

Nice. I’m assuming we’ll get to that as we’re working through the code. Yeah. Um, additionally Uh, there are Statement. Or rule 5.03, sub g? Which essentially the statements after a voted to be taken on the council. Uh go to. That is very very limited circumstance. And again, you don’t learn what accountable has done.

If you lost the boat a lot, the boat be a good booster. For a good winner, you don’t. The people when you do that again, they’ve asked The city attorney to invest in the first communications. Uh, my understanding is that Councilmember Harris feels Personally picked on by the dress code.

Um, In particular, you know, that we can’t wear a hat. Um, First, i’ve ever heard that there was any medical reason. For him to wear a hat. My happy to build in an exception. Based upon a doctor’s recommendation or a doctor’s note to justifies that. Uh, if that’s an issue, when i read, what he had on his website, and there is no clear, medical reason, connecting whatever happened to him and his medical condition for the need to wear a hat.

So, um, You know, but that would be when you’re accommodate that is going to do the building in conception. To that. But maybe it is disrespectful in general to where i had in a public meeting. Military does, if you can’t wear it in court, Um, judge the last few removed it.

Unless of course you’ve got a really deserve medical reason to do so and that would be the exceptions that if we can certainly build that. Everything is that you know been put out on social media that we’re also going along and that simply is the case. There have been several disagreements between myself.

Uh, things the mayor wanted and tracy didn’t life or All around. But, you know, we are able to work together. To come up with a better product out of the end and that’s the democratic process. That’s what it’s supposed to be doing ad representatives, and that’s what we’ve done.

I didn’t get everything that i wanted in here particularly in terms of complex of interest. Um, But nonetheless i think the final product is going to be vastly superior to what we have and and i think those are some of the misconceptions. Uh, that have been put out there that need to be put it up.

So i think this has been a good process. I think this has been a very thoughtful process. Trying to do something that addresses issues that simply haven’t been come to the forefront until recently, particularly in terms of social media and working with policy for that. So i’m glad we’re going to continue doing that.

I’m certainly open to anybody suggestion for changes on this. But, You know, i think there’s a pretty good product so far. Well, i, i do want to say council member had respect at this time. Is that Here’s some other council members that have agree with me on the things that we discreeted, okay?

So anyway, so that’s the district clarify that just because we came to we we’ve compromised it can still change recommendations. Absolutely, absolutely so um, Spawning anything. Let me know how anything else and then Michael. So yeah, three chairs with the formattingly spacing issues. But so else continue to do that as we go through, okay, whatever changes will do today.

Yes, michael. Okay. Yeah, i it just to comments, you know, one thing, our interest in this we optimate council manager, former government. And dorsiWs are relatively explicit as can the rules and responsibilities. I think our view of this processing document was just to make sure that we’re all in the same page relative to You know.

Responsibilities and the process and all of them. But i just want to say, you know, i appreciate comments responders. Plus open is always that. Bring one underlying aspect of this. Which i think we’ve seen, unfortunately, Has been. The underlying foundation of these being affected. Are some modicum levels of trusted civility.

And without those as the glue relative to the commitment to work, as part of a team to move the city forward than these are. Unfortunately words. And without the goodwill behind accomplishing positive things. These are not going to enforce goodwill and they will not enforce trust. This is the basis.

The fun ways to date appropriate action when you have those as in your line, tenants, so we can only hope one forward the tax and aspect that gets fulfilled by every member of the council.

All right, well thank you for the comments. So i think we’ll begin with the review. What? I just like to do is go page by page. We’ll take it in order. If anybody has comments, we’ll just go check chapter one chapter 2 and review. Any any comments or questions that?

Anybody knows in regard to the graphics that we have both informer. Okay, chapter 1.

All right. Chapter 2. Fun to change my chapter 2.01 in the second paragraph. Um, It says, to turn out the public role in order to respected in turn the established responsibility and we’re recommending that says established responsibility. That the policy of the council is appropriate with executed. To ensure you want to leave the word insurance.

Into ensure that the policy. Sure. I was just asking. What was your recommendation? Yeah, i’m fine with that change. Yeah responsibility to ensure that is policy of the councils appropriately. Okay.

Roles. Exactly. That’s what the dream. Yeah. Okay. Okay. Otherwise good just to know Bonnie’s. Attracting reasonable. Yes. So i’m thinking update to the finals. Thank you. All right, so chapter 2. Anything there you can use to inserts. Okay. Time. The space chapter 3 support provided seasons.

Okay. Chapter 4 financial managers. Think another question here, i do know under you know but i have something on 401 so we have anything else but for that Okay. So i just say that municipal provides for community that would have never succeed council. There is another. Currently council salaries are set as provided.

RCW. You Another option is a. A salary commission, we didn’t state that but it is in the RCW. So even though it’s not in there, we ever wanted to establish that that would just be an update of This. Manual at that time. Or is it would we want to insert a statement about that right now?

Just wait until so. Yeah, i mean we could add or later, we’re just statue. I said that’s provided in chapter. And, It doesn’t mention. Yeah, more or gw35 2150.

Yeah. Okay.

Because the the chapter fingels, Yes. Could we bold underlying separate them out from the text a little bit more? Yep. Why don’t i capitalize them and not separated, actually didn’t take the content. So he said to be great, it just got my life.

Okay. Chapter five communication. Something there before. Okay, anything before that because comparison requested some concerts, no thanks. Okay, so i’ll read it out loud. It says chapter 5. O3g council member shall not take actions right here. Otherwise outside the public hearings that under my legislature public transportation. Study, ethical behavior.

So this is the council rules. So this is, you know, this is about this is pretty much as position on this. I think the the question was because of our first time, an answer that, no A center, which is the essentially, With the function is for violating. These rules is almost speech.

It’s a council speaking and saying, what you’ve done is, uh, this is going to coverable. So For somebody to say that it council can’t speak. That would actually be divided for the first amendment to say that the council can’t criticize somebody for speaking outside of the meeting. Uh, there’s a reason supreme court case.

2022. Record decided nine zero that legislated bodies of the ability to center members or speech, made outside of meetings. Speaks that they don’t approve of. Up because the center is important speech. So of course, it’s not going to For hidden legislative body from speaking by the first amendment. So no, this is not And in addition, as i understand this It’s it’s in the context of undermine if they decision of the body.

So the body is already made a decision. So this is an after the fact criticism of the council for the decision that it is made that undermines the authority of that decision. And it is not just simply dissected is not just simply a broad. Uh, view of don’t disagree with us in public.

It’s after vote had been made. Yeah, and that’s the tool set. But you know, legislative bodies since you’re Members all the time for statements that are made that don’t even relate to the decision. You know, if a council member we’re making anti-semitic remarks outside of eating the council in certainly etc.

That that’s what they’re doing here. If you had a language over here that said, If somebody does this, the council can decide that they need to spend 30 days in jail. But say that the council can. Can’t speak about another council members. Speech. Uh, is not about it.

Anything else in chapter 5,

So okay, moving on to chapter 6.

Yeah, well so it becomes our assignments into conversation. And as far as confident of interest and it’s in check, and i think it’s a chapter 6, we want to put it but we discussed The language that. It’s somebody. Actually couldn’t. Couldn’t be a consultant or be employed by the city.

And i i practically i put it up. Today, but how about we compromise on one? I think it’s okay. I need to ever seen business cases where but i also would have blooms that on that but but Unless, Comes in the whole approves. Something along those lines. Would you think about something like that?

Triplet people so just to notice, whether it’s kind of mentioning in my intro, Our conflicts of interest and the city code of ethics are in 51 municipal program, okay? And so and there is language to our search implementing the city. Uh, it doesn’t have that kind of frame that even if we deal with it at the or whatever, the ordinances of video or the other ones.

Yeah. Because if we put it in here, we’re still going to have to amend the code. Oh okay, so what we’re doing here is references when it goes 2.44. And so, you know, we have this month that we need to address. We have our committees that we need to address and there might be more if you go through here but

There’s no time frame or maybe i think. They can’t wait things to you. Uh, i’m not sure. I was specifics. I know that even in the state laws are something about the mayor kit. Conversated manager. Yes. But yeah, we do have not a risk. I’m not sure that we have Any sort of?

Language about a former employee. Um, Working as a consultant or former council, we’re looking into consultant. Okay, where we could. We can look into that later if you by your recommendation. It’s not not needed to be put here. We can deal with the ordinance. Peace. I think if the council wants to address it, if yes.

They would address it. It was because we can put that is zero. One is 2.44. Yeah. When you cook in the, when we, when you look, when you’re when you’re working on those recommendations, okay? Okay. So that is film chapter 6. Anything more chapter 6.

Uh, chapter 7 interaction with city staff and shows.

You can find 18 people. It was critically. The public criticism of staff by council members. Oh, okay. Yeah, and again, i mean that’s, you know, i think it’s the same analysis as Previous issue. What this is saying is a council member of criticized staff. Publicly, then the counseling Accenture and council member.

So Essentially that the council is pretty speak on their opinion of a council member criticization staff. And i think, you know, it’s probably, there’s probably another it’s a microphone to say about or how Kind of the To their program has, But what question is this? The head is that sense?

Oh, it’s criticism. Was that the staff includes the connector? Like yeah, actually i did that, that question as well. Um, Would you interpret that? That way? Or Because the alternative the alternative reminding error. Sort of the line would be that, there is a supervisor for staff, is how i think about it.

That is the city manager. But technically, the council as a whole is the supervisor for the city manager. And i, you just seems to me that if there is criticism of The city manager to, that’s really not. Within the purview of the non-interference which is the title of this section and therefore it should be interpreted as including grid of criticisms of the city campers.

Sorry Michael. But yeah, i i think yeah, yeah, the spirit of it is supposed to be that equal that cost members coming to you with their concerns on that on staff. What our conversation with you.

We need to clarify that.

Well, it certainly staff and we talk a lot like so on 706 that person is the signatures and information based on between council and city staff. So,

It, maybe we could add something.

Online, public criticism of the staff {comma}, not including the city manager comma, by council members. Is. Inappropriately. So the benefit of that is to make sure that michael excluded in that if people if council members want to criticize Michael in public, they do it. Because it didn’t manage your time.

Yeah, this is not just about it. But then if, if we do that and find with that, i think Sometimes you put the spirit, too. And the spirit of the answers that some are we say that the hope is That they would particularly council members would go directly to the city manager to each other.

I mean, or to each other. But the thing is, is to to each other Either way that i’m just a whole idea is to get the spirit of language that That’s occurs first. Yeah i think that’s in the fruit of this.

All right, i still say there’s just a little bit of language would be that the spirit of it is to you know what we’re trying to do is happy we will talk to each other rather than do it. Your backward channels, and shadows and other things. Just have a conversation.

Well you want to do. Council member periton criticisms of death should be directed to the city. It is preferred? Yeah, it is confirmed. Showings anymore.

Okay, watch internet expenses to be, you know, whatever criticisms. Instead of public criticism stuff. Yeah. Thank you. Okay. So good. That was Very request there. And anything else for chapter 7?

Fair in chapter 8, i didn’t have a question. In from rural, from our current rule 18, it’s reading the intro to rule 18. I think it’s like really 18 or 19 that says Which is what we want. So right now we’re on chapter 8 but oh we have chapter 3 because yeah.

Right 18, you said from the current rule 18 You know i’m sorry. Working up with this guy, right? Yeah. Okay, so you’re talking 26 of 35% officer choirs. No. So i’m on chapter 8.

And i am. Wondering if we should open this with a statement of life. Rules of order and that’s going to supplies by statute forces or resolutionary the most recent edition of broader schools of order. I don’t think we have that statement. Any awareness phone program If we don’t be sure to answer to here.

It is currently in our council rules. It’s the stated in rural 18. Okay, do you want to put it here or instructor? So then, so i’ll just reiterate a little bit or not specify by statute. Ordinary resolution shall be governed by the most recent addition of Roberts you. I’m okay with it being an eight because most people you read an order, you might as well establish that you’re using for our tools.

You could go in either let them disagree with either. It’s just went up. Put it here where it’s becomes used to its first space. It’s 11 and it helped me 11 is good approaches exists as permamentary procedure things right there. I think rule chapter 11 is called math. It might be just like if it can both places so cute.

Sure, a rules order, not specified by statute, Coordinates. For our solution. Show the governed. The most recent edition.

That practice rules. And that’s a true. Yeah, it could be an opening statement for chapter 11 or right here at Disney January, i’m located away. Like i said, my already was that. It’s It’s It’s usually people later people, look up specific rules, but in the general flow of things, Is establishes.

I’m not going to die on the hill. Yeah, strong feelings. Hearing I don’t, okay. We came from here. All right, thank you. So

And then we’re still our we’re in seven right now. We’re showing me. Okay, so i do have another comment on any old five plus, anybody has anything for them. Okay, so i’m wondering about this last paragraph of 805 to talk about no photos on your video recording. Show me any company meetings.

I’m wondering if you might preface that with unless required by state law or unless love for state law, i’m thinking that we’re going to have some pushback on On that. Um, so we can recruiter it says, no photos audio or video recording showing made at City Council meeting special meetings or journey appointed committee course.

Commission, with the council, look out the consent of the presiding officer or majority council. So you saw what happened. So i’m so i i don’t know if we should open with For unless allowed their state law. Something like that. Do we need to eat this? I’m gonna say, yes.

We can get it. It came from our current rules. Um, so we Us. Yeah, so he we can eliminate this. We can just take it out, okay?

I mean, i think it’s a It’s respecting to know that it’s occurringled. I agree. Respecting to let somebody know what. Maybe that’s where we successful being here. Um, Recording the emails. Maybe we just need to assume that it’s going to happen. I mean we’re in it, we’re in a different state of living in our situation right now.

And i just think we just need to assume that if we’re in a public meeting. Community recorded. And let’s leave it out. The this the sentence before covers what we need to be sure of government. So yeah. Okay, because i said, i mean, it’s disrespectful. I think it’s just you expected to happen this.

It’s called the process. Yeah. Okay, so that was really interesting as long. All right. So that’s what i have anything for chapter 8, and i just want to When we were going to order, when we were going to the order of business, And we had all of this, all of these letters referring since i just want to compliment.

You did an excellent job of

I was like, dang she didn’t she didn’t miss a note from what we’ve done in the order, and yeah, just my confidence.

Yeah. So let’s see eight and this is long hair from but under not public hearings. That goes up. African appearance, jk a new business. Okay. So eight. Oh six, i think. Oh, and i think i didn’t know there. I think we’re missing. Okay. Yeah. Think that a minute. Okay.

806k number two throughout preparation. So we did it. Cut and paste here. You know, it says organisms and resolution should be prepared introduced and receive the better described on the flow chart attached here to exhibit a and i don’t think we have that No. See we did what we did.

There is we did a couple piece from our current council rules. So, You should find that. Okay, they did okay. Okay. It’s actually kind of confusing. No. Just shall be prepared, introduced and proceed.

But you know how how do we do it? Let’s put in how commonly ten minutes? Yeah. So Oh well, i guess we could. We could take a look at this. Blowjar and maybe just try to, or maybe we would summarize. Yeah, the way that it’s got it. Yeah, just summarize them.

I’m gonna go with you guys because you’re the one who you take, what we ask for from the diets and then you, you do it and however you do it whatever. It’s good to you. I just bring that forward. Okay.

Again. Working on. I don’t have anything more on facebook.

You know. And then people are missing for this stuff. Yeah, it’s going to say 807. So that i think that 808 needs to be 807 yet, you know, nine. That i did take a quick perusal of the little conferences, correct. Does not have eight. 10.

Oh, who knows? Okay.

Forever. Yeah. Nobody, you know hinder spirit right? Yeah i feel like i’ve been surrounding, you know and i’m even see myself. Okay, thanks again for a cold stuff and it’s a little bit better. All right. So that finishes chapter 8 in less, somebody has something else in chapter 8.

No. Okay. Chapter 9. Protocolon registration.

That this was given basically that every two years,

Just to keep it up to date. The biggest call that i have. Is it been several year? I mean, there’s been slight changes nothing like this process that it happened at the time. Of course, the society is just changed so much everywhere. In the council said i think most accounts but this is where you know we keep it relevant enough to date in a much more timely fashion and that’s as a council, that’s something you want to make sure.

Okay. Uh, so chapter 9 that finishes back, we need to comments. Okay. Chapters 10. Vacancies, there’s a some sense of detail there that kind of takes the sum of the Let’s do it this way. Let’s do it that way every time. So i think it’s a very interesting it’s starting to have to come up with the other concept and and it leaves the room, you know, obviously in the last couple processes we’ve had, they were vastly different, particularly encoded came into play and stuff like that.

So it doesn’t It allows us to be flexible and agrees the council about through the selection process.

Uh, Okay. Yeah. That is Repeatedly it is. It’s And that’s all right. It is 10 with 10. Okay. Anything else in chapter 10? Nope. Okay, so 11 volume. We did see That we added some things that owned me about, then i also was wondering should be incorporating a similar opening that says from our current loses all items have been someplace because of the council that require the expenditure accounting and our administration administration resources shall be in the form of terminated motion.

Thanks for guys, a nice opening but i don’t, i don’t think we have that you say that our current rule 18 And or opening sentences of current rule, 19, skinny terminal, 19. It says all items of business. Place before the council. That require the expenditure of council. And or administration resources shall be in the form of an apartment application.

We are kind of just opens with this is what we do. Okay. Yeah i wanted the first part. First part of the whole room, like, do you want to add that after the prelament schedule? Now here again? Yeah. Or here. Again, there could be the beginning of eight or whatever, but i just i think we decided entry on a 11.

Let’s just make it right.

Okay. Yeah. Is the openings it just establishes that? Everything we do has to be introduced into them and then that opens, that’s what we do. Okay. A little number one f the dress code. Okay, i

Or medical exceptions. So i agree, i think. We need a religious or medical attention all levels. I don’t, i agree. So,

Maybe we put it or more information and the document i think that, yeah, i mean it wouldn’t apply to life beyond the floor, right? Or something like that, but Um, you know, if they’re if there is a Religious or medical exemption that 80 council has been released for any purpose.

You know, they can’t sit their city. Um, You know then then we could put something similar to what we have for our city employees that they need to. Yeah. Contact HR. Then you have a process that’s not just yeah i’m just kidding. Yeah, just just a question or a question about is it, would it be the same kind of process to HR?

Or would you be through the presiding officer? What would be the are you going to figure that out? Tell us our preference would be three hr Because it is technology. They have. I remember where all the laws of accommodation? Um, we’ve had this issue of previously, with council members.

That even our For sale manual. I mean doesn’t apply for accounts number. There we apply at our accommodation rules. Um and so there’s certain processes that you go through. So certainly, if you can be something in here because of a disability, you know, city will accommodate you so that you can eat your job.

Um, but we just need to know that it’s a real thing. It’s not You know, just head. Excuse that, you don’t want to do this. Yes. So so maybe we put that up front. Yeah, i want to have under adherence to protocol because we have an entire chapter to protocol of menstruation.

So could be either a leg line or two, a because huge council members have to do the navigation to review this manual and understanding you down by its provisions. Then you could put in feet any provision in this manual. Would be subject to, or something like that. I mean, it is in the back of the manual but it is a whole chapter about everything but it is a responsibility of the city council.

To go through that matter. You’d have to you, you want to What run it through. Hrs what you’re saying? Her confidentiality reasons. And so, Um, if that’s something you’d want to put under adherence protocol, okay? Or if the beginning the manual system. So really quick for clarification, we just talked about the fact that all communications within city manager We have an issue that could be a confidentiality.

Resistant exception, where it has disability HR? Missouri, where we put in, i think, as long as it’s in here is Combine, but that would end clarification may be made just so we ensure. So i’m going to begin to wear whatever it is. Was receiving interview with. So so the probably i would probably not change that.

HR and that it’s a process. Okay. Yeah, i just i didn’t know what the literally was and how we we had just said that had to go through you when we want to make sure they’re you know if this one is is this one is different than i wanted to find the process?

That’s all but it sounds like it’s the same. So yeah it’s just that you wanted to be once again it’s got a lot of proteins can goodwill you know i want to be sure that the religious were really exemption. Or medical is subject of process contact. Yeah. Yeah. So we’re so where do we have?

I mean, Yeah. Well, you know, we do need to

And it’s the council who ultimately decide whether somebody’s in compliance or not. Um, give somebody if a council member is seeking exception to the rule, the council needs to know why. You can do what the defeating the exception and their underlying rationale immediately that’s a decision of the council.

Because we police ourselves. As student whether or not. The exception is granted. I think good. I think the only problem with that makes perfect sense, except for the fact that i hit. But yeah, that’s what’s going to say. Okay, Seeds. They’re they’re entitled or privacy. Medical conditions. So if they can’t accommodate the responsibilities, That’s something myself and HR.

We try to figure out but i don’t Right. Understand because you want transparency but others can’t defend a step with the overriding federal laws of protects people. So with this be something that we do, add a chapter, just say special exceptions. I think we could just i mean i need to just put it in somewhere, i don’t know if it’s actually one.

Two, or even i And what i would, what i would recommend is to just go straightforward snow manual. And pull the language there about accommodations fine with that is, put it in and i think as far as the process is concerned, i think that’s great. Yeah. My my real quick, if the council is the enforcement mechanism for these rules, and there is a exception being made that the council has agreed to Yeah, is an exception, an exceptional league.

Really events Space. You know how does that it doesn’t make a lot of sense that Well, if that here’s the thing, if you write it here and everybody agrees, right? Part of it is you sign this. You already agreed to the process. So if the process happens In its confidential, you’ve already agreed that if hr agrees.

Then you’re good with it. You don’t have to build a situation because By virtue of the fact that you’re adhering to this manual. And in the manual, it says it’s going to be confidential, both your hr you’ve already created. That’s okay. So you don’t have to know With hr says, it’s a HR said, it’s okay, two people know, then we’re good.

Because you’ve already said that, you agree with that process, see you insane. Okay, as long as it then process has been to do it. Yeah. Allegation, you know, the delegation group process that already exists so i think he’s not equipment when you’re looking for for us. And, and i would say Wherever you recommend, we start with that.

And it needs to be moved in later on in the process, especially in the meetings or whatever we do that. You know, our our last meeting people are transform and There is a processing fly away. When it comes to combination request. Maybe certainly a compared a lot of people want to play with yeah?

Right. It’s pretty well settled. And and our HR department is really good at one to know the law. And to really, they make sure to get the proper documentation and so it’s, you know, it’s Integration doctors it’s not just a statement. So yeah. So we can we can pull that from the personal level.

Yeah. It is to the next version. Okay? Yeah. Okay. Let’s start there. Yeah. And then um, Disney language. You decide to post on fiesta. Okay, and then

Harry did here. Did the environment have? Other in the dress code situation, you feel like that was covered? Yeah, that’s that’s what this last discussion was all about it. Okay, that’s all done. Okay, and then there’s a question. Anything else in chapter 11? I’m trying to procedure. 12 is just supplemental documents and links to all of those anything else.

After looking at the i think we moved. Oh yeah, see it’s going so, Um, Now it’s okay, so the touch up and hold it. So i feel like comfortable just allowing you guys to insert those without us looking out of again. And then and then the next step is as soon as that’s done, just to me to actually probably could call and right now and see how available she is for you.

That would be the next step, right? Is the review by your hand? Well yeah, this issue type for them to get the changes. Yeah. Is going to be a working progress. Yeah, yeah. Points to contact the important. Exactly. The changes made from the content, get it over to him, and i’ll continue working, just because i Very quick, keep Actually, yeah, she’s so graciously perfect.

It’s been a year, long process. Yeah.

Complexity. Yeah, yeah, cool. Yeah. Like i said, if

Like i said, you know, i made a recommendations that he could target the first two weeks of May. That’d be great if there’s reason the staff or and so forth and we can look at that and talk about futures. Yeah, where’s the place? What i’m trying to do is put a couple meetings together to be affected and get it done.

Anyone have one additional meeting before it goes to council? After after and gets a chance to see it. She made me say fine, i i’m i think that she’s probably going to say something that will sure make some decisions on, okay. And then what i’d like to do is create, i know, oh, there’s been a big ask for this.

And, like, what i did earlier on is take a current copy of our current council roles and just put a little notation after google one or two row, three, Where you can find this rule. And the proposed document. For, i don’t i’m going to do that. Well, i’m going to do that for the council members.

Several system packet. Yeah. Yeah. Let’s talk about that in the next army. Touch base. Got the conflict. I’ll see you guys for coming here. Just need to make sure we have a final meeting.

So, just getting my timeline when Yeah.

All right, so set some things out and who doesn’t know, okay.

Thank you so much, Tim. Thanks for coming. Thanks for all you guys work on this technologist. State legal. And so, all right it looks like we’re all good. So i am finishing, there’s another manager.

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