LEGISLATIVE ACTION ITEM
SPONSOR: City Council Member Sherri Myers
SUBJECT:
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LEGAL OPINION REGARDING THE MAYOR’S POLICIES REGARDING COUNCIL MEMBERS COMMUNICATING WITH MAYORAL STAFF AND COMPLIANCE WITH CITY CHARTER SECTION 4.04 - PROHIBITIONS (B) - INTERFERENCE WITH ADMINISTRATION.
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RECOMMENDATION:
recommendation
That City Council request a legal opinion from the City Attorney as to whether the Mayor’s policies regarding Council communicating with Mayoral staff complies with Section 4.01 (b) of the City Charter.
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HEARING REQUIRED: No Hearing Required
SUMMARY:
A question arose with regards to City Council Members contacting and working with Mayoral staff; as a result of that question, Mayor Robinson responded via email as follows:
We ask all council members to work with directors. We can provide you an organization chart that shows all individuals you as a council member should work with. We will be happy to again remind both Council and directors how we expect that relationship to work.
However, directors run their departments. If they feel comfortable with their staff working with Council members, I will provide them that latitude. I still expect all communication to be shared with Senior staff and directors on the work that is occurring.
Keith, please confirm your understanding and work to again notify both directors and council. Thanks.
Grover
This email was followed up and confirmed via an email from City Administrator, Keith Wilkins as follows:
Yes our policy, reiterated here in writing, is that all Council persons may make inquiries directly to Department Directors. Directors, at their discretion, may refer Councilpersons to subordinate staff. In all cases, Directors are to back brief their supervisors of the initiatives. Councilpersons may not direct staff. If issues are contentious, controversial or require Administration or Mayoral involvement, the Director may or shall refer the issue accordingly. The Mayor or City Administrator may alter this policy of Director access if a Councilperson is deemed by them to abuse this accessibility.
City Charter Section 4.04(b) states:
(b) Interference with Administration.
Except for the purpose of inquiries and investigations made in good faith, the City Council or Council Members shall deal with the City officers and employees, who are subject to the direction and supervision of the Mayor, solely through the Mayor. Neither the City Council nor Council Members shall give orders to any such officer or employee, either publicly or privately. It is the express intent of this Charter that recommendations for improvement of municipal governmental operations by individual Council Members be made solely to and through the Mayor.
This item seeks a legal opinion from the City Attorney seeking clarification as to compliance of policy with the City Charter.
PRIOR ACTION:
February 12 & 13, 2021 - Emails and responses regarding this issue
FUNDING:
N/A
FINANCIAL IMPACT:
None
STAFF CONTACT:
Don Kraher, Council Executive
ATTACHMENTS:
None
PRESENTATION: No