2001-05-29JOINT MEETING NOTICE
The City Council of the City of Mound will host a
Special Meeting, inviting the Commissioners from the
following Commissions:
Parks and OPen Space Commission
Docks and Commons Commission
Economic Development Commission
Planning Commission
to discuss the following:
1)
The policy as it relates to appointments to
commissions
2)
The Ethics Guidelines, as they relate to conflict
of interest and personal disclosure
The meeting will be at the Mound City Council
Chambers, 6:30 p.m., Tuesday, May 29, 200.1. Packets
will follow prior to the meeting.
Kafid~s Hanson
City Manager
CITY OF MOUND
5341 MAYWOOD ROAD
MOUND, MN 55364-1687'
PH: (952) 472-0600
FAX: (952) 472-0620
WEB: www,cityofmound.com
MEMO
DATE:
TO:
FROM:
RE:
January 29, 2001
Advisory Commission Members
Applicants to Advisory Commissions
Kandis Hanson, City Manager
Ethics Guidelines
Appointments Update
Ethics Guidelines and Financial Disclosure
Please see the newly adopted and attached Ethics Guidelines for City Council and Advisory Commissions,
adopted by the City Council in December 2000. Please also see the City of Mound Financial Disclosure
Statement. There is growing concern regarding ethics in government at all levels. There are also the recurring
accusations o£ conflicts of interest, whether real or perceived, at the City of Mound. This policy and annual
disclosure were deemed appropriate to help ensure the avoidance of conflict situations and the ethical
conduction of business at the City of Mound.
You may keep the Guidelines for future reference: Current and newly appointed members are asked to please
complete' and turn in the Disclosure Statement no later than March 15. You may.turn it in to the staff person
that assists your board or mail or fax it to City Hall. This reporting wilt be done annually. Thank you.
Appointments Update
At their January 23,2001 meeting, the Mound City Council took action with the intent of clarifying Resolution
#89-t 3 9: Resolution Approving a Policy on Appointments and Reappointments to Advisory Commissions
(The resolution, with the changes, is attached. The former resolution is also contained, for your comparative
purposes.)
At the same meeting, the City Council approved the fotlowing appointments:
· John Wilsey - Economic Development Commission
· Mark Goldberg - Docks and Commons Advisory Commission
[prinfe~t on recycled paper
No appointments were made for the following:
· Planning Commission
· Park and Open Space Advisory Commission
The appointments to these two remaining advisory commissions need to occur. The Council has asked that
those commissions complete the process as the policy prescribes. To ensure a competitive process, advertising
is being repeated for the Park and Open Space Advisory Commission. POSAC interviews will be March 8,
2001. The Planning Commission will conduct their proceedings on February 12, 2001. Any prospective
candidates already under consideration need not reapply or reinterview. Incumbents may choose whether or not
to interview under the revised policy. Appointment to the Planning Commission will be made at the Feb 27
Council Meeting. Appointments to the Park and Open Space Commission wilt be made March 13.
The Council and Management apologize for the recent confusion surrounding this changing process. This
amended policy is the frrst in a series of the possible changes that could take place in the coming year. The City
Council has given a directive to Staff to do a thorough, side-by-side analysis of all of the ordinances setting
forth the basis of the advisory groups. The goal is to create uniformity from one policy to the next and,
potentially, create policy that provides for change and diversity on the City's advisory commissions.
The Council and Management thank you for your understanding and cooperation as we move ~brward in this
effort.
Cci
Mayor Meisel
Council Members
Sherrie Pugh
John Wilsey
Chris Loew
Ron Motyka
Michael Schoephoerster
Shelly Young
CITY OF MOUND
RESOLUTION #01-1
RESOLUTION AMENDING RESOLUTION #89-139-A
RESOLUTION APPROVING A POLICY ON APPOINTMENTS
AND REAPPOrNTMENTS TO ADVISORY COM2vlISSIONS
hereby
BE IT RESOLVED, that the City Council of the City of Mound, Minnesota,
establishes the following policy:
Definitions of"Vacancy": A vacancy occurs when a term expires. A vacancy
also occurs when a commissioner resigns his/her position pr/or to the term
expiring.
When a vacancy occurs, the City Manager is directed to advertise in the
City's official newspaper that there are positions to be filled on a
commission (s). Such advertising shall be done in the form of a "news
release".
Such news release shall include, but not be limited to, the number of
vacancies, the length of the term, or request for letter of interest and/or
resume, application deadline date, etc. The news release shah also state
the prospective applicants will be required to interview' with the City
Council and respective commission jointly. Such interviews will be
conducted as soon as possible following the application deadline. Each
commission will formally recommend appointments following the joint
interviews. The City Council will review those recommendations and will
be responsible for making appointments.
Current commission members who wish to be re-appointed must indicate
such by submitting an application.
If a member resigns during his/her term, such resignation must be in
writing and submitted to the City Manager.
In the case of member resigning with less than ninety (90) days remaln/ng
on his/her term, the City Council, at its discretion, may delay filling the
vacancy until the term officially expires.
A commission member seeking re-appointment has the option to interview
as he or she chooses.
The foregoing resolution w~s moved by Counc{knember Brown and seconded by
Councilmember Hanus.
The following Councilmember voted in the affirmative:
Brown, Hanus and Meisel.
The following Councilmembers voted in the negative:
Anderson and Meyer.
Adopted January 23,2001
Mayor
Actihg City Clerk
January 25, 2001
Jim Fackler
Director of Parks
City of Mound
5341 MaywOod Road
Mound, MN 55364-1687
RE: Park Commission agenda - February 8, 2001
Dear Jim,
Enclosed please find a proposed Resolution pertaining to
advisory commission appointments. Please place this cover
letter and the proposed Resolution in our packets as an
add-on (or proposed add-on) for the February 8, 2001 Park
Commission meeting.
Thank you.
Very truly yours,
2854 Cambridge Lane
Mound, MN 55364
472-1099
cc: John Beise, Chair
Pete Meyer, Council Rep.
file
Enclosure
PARK COMMISSION RESOLUTION
RE~kRDIN~
APPOINTMENTS TO ADVISORY COMMISSIONS
WHEREAS, prior to January 23, 2001, City Council
.Resolution 89-139 (adopted on October 24, 1989) clearly
stated that a "vacancy" on a city advisory commission"
occurs when a term expires and the commissioner holding'~at
term does not desire reappointment" or "when a commissioner
resigns his/her position prior to the term expiring";
WHEREAS, from October 24, 1989 to January 23, 2001, the
City of Mound advisory commissions and the Mound City Council
have consistently followed the language of Resolution 89-139
in so far as they conducted competitive interviews of
prospective candidates only when a "vacancy" existed, as
legally defined;
WHEREAS, on January 23, 2001, the Mound City Attorney
agreed with the legal interpretation of "vacancy," as defined
above;
WHEREAS, the current Mound City Code already allows
advisory commissioners to be removed by a 4/5 vote of the
city Council, thereby alleviating any potential problem with
"dead wood" or "lifetime appointments";
WHEREAS, late in the evening on January 23, 2001, the
Mound City Council voted 3-2 to substantially change
Resolution 89-139, whereby a "vacancy" occurs on a city
advisory commission when the commissioner's term expires,
thus requiring every sitting commissioner to compete with
other candidates for reappointment to his/her seat at the
expiration of his/her term;
WHEREAS, the proposed change in the definition of
"vacancy" (adopted by the City Council on January 23, 2001)
was not contained in the City Council "packet," whereby Mound
citizens (other than John Beise, Tom Casey, and perhaps one
other audience member) had no opportunity to consider and
provide comments to the speqific proposed change;
WHEREAS, the proposed change in the definition of
"vacancy" (adopted by the City Council on January 23, 2001)
was not submitted to any of the advisory commissions for
their review and recommendation;
WHEREAS, the negative results of the change in the
definition of "vacancy" in Resolution 89-139 are:
(1)
reappointments are subject to political retaliation
(e.g. Bill Darling, 1996 candidate for mayor);
(2) a city council can change the majority of advisory
(3)
(4)
(5)
(6)
(7)
commissioners within 13 months (assuming 3-year
staggered terms);
"institutional long-term memory" and the opportunity to
educate new commissioners (and new city council members)
will be lost by more rapid turnover of commissioners;
more rapid turnover may also result in the discontinuity
of programs;
natural attrition of advisory commissioners is already
high, at least for the Park Commission and Open Space
Advisory Commission;
a commissioner's decision is more likely to be affected
by whether the majority of the City Council agrees with
the decision; and
the City of Mound has reverted to the "Spoils System"
after any city election (i.e. "political" appointments
are awarded to supporters).
NOW, THEREFORE, BE IT RESOLVED that the City of Mound
Park and Open Space Advisory Commission recommends:
1. That the definition of "vacancy" in Resolution 89-139
be restored to the definition which existed prior to January
23, 2001;
2. That a copy of this Resolution be forwarded
immediately to other city advisory commissions for their
recommendations and to the Mound City Council for its review
and adoption; and
3. That, until paragraph 2 above can be completed, no
interviews or decisions pertaining to advisory commissioners
seeking reappointment shall occur.
The foregoing Resolution was moved by Commissioner
and seconded by Commissioner .
The following commissioners voted in the affirmative:
The following commissioners voted in the negative:
Dated: , 2001.
-2-
October 24, 1989
'Exhibit A", page 2 of 3
P~ESOLUTION %89-139
RESOLUTION APPROVING A POLICY ON API:OINTHENTB
]~ND P. EAP~I~~B TO ADVISORY COM}(ISSIONS
BE IT RESOLVED, that the City Council of the City of
Mound, Minnesota, hereby establishes the following policy:
Definitions of "Vacancy": A vacancy occurs when a term
expires and the commissioner holding that term does not
desire reappointment. A vacancy also occurs when a
commissioner resigns his/her position prior to the term
expiring.
When a vacancy occurs, the City Manager is
directed to advertise in the City's official
newspaper that there are positions to be filled on
a commission(s). Such advertising' shall be done
in the form of a "news release".
Such news release shall include, but not be
limited to, the number of vacancies, the length of
the term, or request for letter of interest and/or
resume, application deadline date, etc. The news
release shall also state that prospective ap-
plicants will be required to interview with the
City Council and respective commission jointly.
Such interviews will be conducted as soon as pos-
sible following the application deadline. Each
commission will formally .recommend appointments
following the joint interviews. The City Council
will review those recommendations and will be
responsible for making the appointments.
Current commission members who wish to be reap-
pointed must indicate such and the reasons for
being reappointed in writing a minimum of' sixty
(60) days prior to their term expiring.
e
If a member resigns during his/her term, such
resignation must be in writing and submitted to
the City Manager.
In the case of member resigning with less than
ninety (90) days remaining on his/her term, the
City Council, at its discretion, may delay filling
the vacancy until the term officially expires."
The foregoing resolution was moved by Counci!member
Jessen and-seconded by Councilmember Johnson.
CITY OF MOUND
ETI-IICS GUIDELINES FOR CITY COUNCIL
AND ADVISORY COMMISSIONS
BACKGROUND:
The Mound City Council makes the following findings:
1. The confidence that the community has in its public institutions is directly related to the
standards followed by the elected and appointed officials.
2. Not only is it important that elected and appointed officials act ethically in their public
lives; but it is equally important that they establish and follow clear principles and ~m.tidelines to gu/de
them in their actions.
3. The existence and adherence to such guidelines can result in a high level of public trust
and acceptance in the actions of elected and appointed officials.
4. For the foregoing reasons, the'City Council has adopted the following Ethics Guidelines,
to be observed and followed by the City Council and the members of the advisory commissions of the
City, (collectively, "Officials").
ETHICS GLrlDELINES:
1. No Official shall misuse the office to secure special privileges or exemptions for such person or
any other person.
2. No Official shall directly or indirectly receive or agree to receive or solicit, any compensation,
gift, reward or gratuity in payment for the performance of his or her official duties except as may be
provided by law; nor shall any Official give or offer to give any compensation, gift, reward or gratuity to
any individuals in connection to their official capacity.
3. No Official shall enter into any contract with the City that is prokibked by law. Any public
official who has a proprietary interest in an entity doing business with the City shall make known that
interest in writing to the City Council and the City Clerk.
4. Any Official, who in the discharge of said Official's duties would be required to take an action or
make a decision which would substantially affect such official's financial interest or those of a business
with which such official is associated (except as the City's representative), unless the effect on such
official is no greater than on any other citizens or other members of such official's business
classification, profession, or occupation, shall not participate in either discussion or vote on the matter,
and shall additionally take the following actions:
a. A written statement shall be prepared which will include t. he name, address, office held,
action presenting the potential conflict of interest, the nature of the financial interest, the person notified
of the potential conflict of interest, the member's signature and the date;
b. Said member shall deliver copies of the statement to the City Clerk;
c. If a potential conflict presents itself and there is insufficient time to comply with the
provisions of clauses "a" and "b" of this section, the member shall verbally inform the City Clerk of the
potential conflict. The Official shall then file a written statement with the City Clerk within one week
after the potential conflict presents itself which statement shall state the reason for the delay.
The provisions of this paragraph 4 should not, absent unusual circumstances, prevent the Official
from appearing before the City Council or any commission on a matter where such Official is, as
property owner, requesting some action or decision from the City on such property, providing that such
participation is as a member of the public and not as an Official.
5. An Official must not act as an agent or attorney for another before the City Council or a
commission in a matter where a conflict of interest ex/sts or may exist.
6. An Official may accept compensation or expense reimbursement for the performance of the
Official's public duties only from the sources listed below.
a. Compensation and expenses paid by the City.
b. Compensation and expenses from other employment, if the person happens to conduct
public business while being paid for the other employment and if the other employment does not
interfere with, influence, or compromise the person's public position, and
c. Compensation and expenses paid by another governmental agency or municipal
association to an Official who serves as a City representative for that agency, but only if the City does
not also pay the person for the same activity.
7. An Official must not use public money, time, personnel, facilities, or equipment for private gain
or political campaign activities except when:
a. the use is required or authorized by law, or
b. the use is no greater than that allowed for the general public.
This paragraph does not prohibit correspondence at any time to individual residents in response to the
resident's specific inquiries, or general surveys of residents that are conducted before the time of filing
for candidacy for elective office.
8. It is important to public confidence in the operation of government that decisions of the City
Council and the advisory commissions of the city (unless subject to certain specific exceptions) be made
in public, following discussion among members also taking place in public. For that reason, the
following guidelines w/Il be followed by Officials:
a. At any gathering that is attended by a majority of the Council, or of an advisory
commission ( unless such gathering has been duly noticed as a meeting of the Council or such advisory
commission), such Officials will refrain from participating, as a group, in any discussion, either between
JBD-185381v2
MU220- [
the members, or others in attendance at the gathering, involving matters that are pending, or are likely to
come before the Council or such advisory commission.
b. At any special meeting of the Council or of an advisory commission, the Officials will
refrain from engaging in discussion or taking action on any matter wkich was not contained on, or
reasonably related to, the items in the meeting notice.
c. The Council and each advisory commission will, from time to time, and at the
recommendation of the City Manager, conduct study sessions to familiarize new Officials and update
other Officials with the requirements of the Minnesota Open Meeting Law.
9. While openness is an important cornerstone of good government, it is occasionally necessary to
limit disclosure of certain types of data that may come into the hands of Officials. For that reason,
Officials will become familiar with the requirements of the Minnesota Data' Practices Act, and will seek
advice prior to disclosing data in their possession that might be considered as not public. Further, an
Official must not disctose information received, discussed, or decided in conference with the City
Attomey that is protected by the attorney/client privilege, unless a majority of the City Council has
authorized that disclosure.
DISCLOSURES:
Within 30 days after taking the oath of office, each Official must file a report with the City Clerk, on a
form prepared by the clerk, which contains the information specified below for the preceding year.
Subsequently, each person must file a supplemental report on. the first day of February of each year in
office and within 30 days after any change in information provided under this section. The information
must be for the individual, the individual's spouse, all minor children (collectively referred to below as
"person").
a. A business entity in which the person is an officer, director, member, or employee, and
the position held.
b. A business entity in which the person has an ownership interest, either legal or equitable.
c. The name and. address of each entity from which the person receives income,
compensation, fees, or commissions that are received from employment, for services rendered, or from
pensions, except the employment of minor children.
d. Non-profit organizations in which the person is a member or serves on the governing
body, and the position held, except if serving in that capacity as the City's representative.
e. Real property within the City owned by the person or in which the person has a
beneficial interest.
The term "business entity" includes any business, proprietorship, firm, partnership, person in
representative or fiduciary capacity, association, venture, trust or corporation.
JBD-18538 lv2
MU220-1
City of Mound
Financial Disclosure Statement
Within 30 days after taking the oath of office or being appointed to a poskion, each Council member
and member of a City advisory commission must file a report with the City Clerk on a form prepared
by the clerk, which contains the information specified below for the preceding year. Thereafter, each
person shall file a supplemental report on the first day of February of every year and within 30 days of
any change in information provided in the disclosure. The information shall be for the individual, the
individual's spouse, and all minor children (collectively referred to below as "you").
Nalne
Address
City State Zip
phone I Home phone
Office
1. List any business entity in which you are an officer, director, member, or employee, and the position held.
2. List any business entity in which you have an ownership interest, either legal or equitable.
List name and address of each entity from which you receive income, compensation, fees, or commissions
for employment, for services rendered, or from pensions, except the employment, services rendered or
pensions of minor children.
JBD-188004v 1
MU220-2
4.. List all non-profit organizations in which the person is a member or serves on the governing body, and the
positions held, except if serving in that capacity as the City' s representative.
5. List all real property within the City owned by you or in which you have a beneficial interest.
Prepared 12/5/00
JBD-18801My I
MU220-2