HomeMy WebLinkAbout06-06-2003 Council Work SessionCouncil Worksession
5:00 p.m. Tuesday, June 3,2003
Orono City Council Chambers
AGENDA
I. Roberts Rules of Order, and Administrative Policy regarding
Council member and staff interaction
2. Results of the Navarre Fire Station Bid Opening
3. Discussion ofPark Commission Appointments
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• 8'71 ORONO CITY CODE
meani available to gather at the city hall. If
safety or convenience dictates, an alternative
place of meeting may be designated. Those gath*
ered shall proceed as follows:
(1) By minority vote ofthose persona present,
regardless of number, they shall elect a
chairman and secretary to preside and
keep minutes, respectively.
They shall review and record the specific
facts relating to the nuclear attack or
natural disaster and ii\juries to persons or
damage to property already done, or their
imminence.
(3) They may, based on such fiscts, declare a
state of emergency.
By majority vote of those persons present,
regardless of number, they shall fill all
positions on the council, including the
office of mayor, of those persons upon
whom notice could not be served or who
are unable to be present.
Such interim successors shall serve until
such time as the duly elected official is
again available and returns to that posi
tion, or the state of emergenty has passed
and a successor is designated and quali
fies as required by law, whichever shall
occur first.
(c) Dutie$ of the interim emergency council
The interim emergency council shall exercise the
powers and duties of their offices and appoint
other key government officials to serve during the
emergency.
(Code 1984, i 2.10)
Sec. 2-72. Workers' compensation.
All officers of the city elected or appointed for a
regular term of office or to complete the unexpired
portion of any such regular term shall be included
in the definition of employee as defined in state
law relating to coverage for purposes of workers'
compensation entitlement. The term "employee"
shall Include, but not by way of limitation, police
reserve officers.
(Code 1984, i 2.16)
State law reference—Authority to espond workers' coiii-
priiiution eovrmge to persons elected or appointed for regular
term ofoIPce. Minn. Stat. I 176.011, subd. 9(6).
Secs. 8*78 —S*9I« Reserved,
DIVISION 2. CITY ADMINISTRATOR
Sec. 8-96. Position established.
The position of city administrator is estab
lished.
(Code 1984, fi 2.06(1); Ord. No. 182 2nd series,
i 1(2.06(1)), 1-25-1999)
Sec. 2-97. Appointment and removoL
The city administrator shall be appointed by
the council for an indefinite term. He shall not be
removed except by affirmative action taken by the
council twice at two regular meetings held within
60 days. The action token at the first such meet
ing shall be an expression of intent to vote thereon
at the second such regular meeting not to be held
sooner than ten days thereafter. If, at any time
after the administrator has complete six months
of continuous service, the council takes such ac
tion, the city administrator may, within 30 days
after written notice of removal, request a public
hearing which the council must grant and which
must be started within 30 days after the request.
(Code 1984, i 2.06(2): Ord. No. 182 2nd series,
i 1(2.06(2)), 1-26-1999)
Sec. 2-M. Qualifications.
The city administrator shali be selected solely
on the basis of his executive and administrative
qualifications, with special reference both to his
experience and formal education, as well as knowl
edge of accepted practices pertaining to the duties
of the office.
(Code 1984, S 2.06(3); Ord. No. 182 2nd series,
1 1(2.06(3)), 1-25-1999)
Sec. 2*99. Deputy city clerk.
The city administrator shall, by virtue of that
position, a deputy city clerk.
(Code 1984, S 2.06(6); Ord. No. 182 2nd series,
1 1(2.06(6)), 1-25-1999)
Sec. 8-100. Duties.
The city administrator shall be the chief ad
ministrative officer of the city, and he shall be
Cl»;6
ADMINISTRATION I MOl
nspontible to the council for the proper adminii•
tration of all affaire of the dty and to that end
■hall have the power and chall be required to:
(1) Superviae the administration of all depart*
ments, offices and divisions of the dty
except as otherwise provided by law and
cany out any other responsibilities placed
under the administrator's Jurisdiction by
this chapter or by subsequent council ac*
tion. The administrator shall interview
and screen all prospective dty employees
as permitted by law and may make rec*
ommendations to the council before the
council makes r:iy appointment. The ad
ministrator, with the concurrence of the
council, shall appoint department heads,
who shall be responsible and accountable
to the administrator. All personnel shall
be responsible and accountable to the
administrator. The city administrator may
suspend any employee until the next coun
cil meeting. If the dty council does not act
to modify or rescind the suspension, the
suspension shall be deemed ratified by
the city council.
(2) Develop and issue all administrative pol
icies, rules, regulations and procedures
necessary to ensure the proper function
ing of all departments and offices under
the adminbtrator's jurisdiction as permit
ted by law and council approval.
Prepare and submit an annual budget to
the council and keep the council advised
of the financial condition of the city and
make such recommendations as may from
time to time be determined desirable and
necessary.
(4) Attend and participate in discussions at
all meetings of the council and other offi
cial bodies as directed by the council. The
city administrator shall also represent
the city at rll official or semiofficial func
tions as may be directed by the council
and not in conflict with the prerogatives
of the mayor.
(5) See that all laws and provisions of this
Code are duly enforced.
Make or let purchases and contracts when
the amount does not exceed $S,000.00 and
receive estimates, quotations, sealed bids,
purchases or contracts in excess of
$5,000.00 and present them to the council
for official action.
State law refitraace—Contracts, Minn. Stat,
1471.346.
Recommend from time to time the adop
tion of such measures as he msy deem
necessary or expedient for the health,
safety and welfare of the communify or
for the improvement of the administra
tion.
(8) Perform such other duties as may be
required by the council and consistent
with state statute and this Code.
(Code 1984, $ 2.06(4): Ord. No. 182 2nd series,
i 1(2.06(4)), 1-25-1999)
Seo. 2-101. General supervisory capacity.
No member of the council shall in any manner
interfere with or prevent the ciiy administrator
from exercising ^e administrator's, own Judg
ment in the administration of the city. Except for
the purpose of inquiry, no member of the council
shall deid with or exercise control ever the admin
istration of the r<ty; and no member shall give
orders to any department head or employee of the
city, either publicly or .privately except through a
mqjority vote of the council.
(1) If a councilmember receives information
regarding a matter of concern related to
the administration of the city, the
councilmember shall forward the informa
tion to the administrator at the earliest
possible time. The administrator shall then
forward the informetioa to the other
councilmembers.
(2) If an individual councilmember directly
contacts o staff member for the purpose of
obtaining informatitn, the information
shall be provided to all councilmembers
and to the adminisSi ator, if the staff mem
ber contacted is c,tker than the adminis
trator.
(3) If the response to • councilmember’s in
quiry wtil require significant time and
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1 2401 •NO cmr COM
•ffort, tht itaff poraon ahall rtftr th«
couneUmombor to tho adminiotntor to
dotormino whothor tho request con be
aceoaunodatod within the current workload
priorities. If the request conflicts with
other workload priorities, the administra
tor may refer the request to the ftiU coun
cil to determine whether the request should
displace other council priorities.
(4) Concerns raised by city employees regard
ing the administration of toe dty shi^ be
addressed through the chain of command.
The city's administrative policy shall set
out the process to be used for addressing a
concern through the chain of command.
(5) Concerns raised by city employees regard
ing pay, benefits, and other emptoyment-
reUted matters shall be addressed toiou^
the grievance policy set out in the citys
administrative policy.
(Code 1984, f 2.06(7); Ord. No. 182 2nd series,
1 1(2.06(7)). 1-25-1999)
Sec. 9«102. Acting administrator.
The administrator may appoint an acting ad
ministrator to discharge the duties of toe
administrator’s office when the administrator is
on vacation, sick leave, leave, or out of the area on
business. If the city council does not rescind or
modity the appointment at the next city council
meeting, the appointment shall be deemed rati
fied. If the city administrator no longer holds toe
position, the mayor may appoint an acting admin
istrator subject to concurrence of toe council at
their next regular scheduled meeting. The appoint
ment shall state toe powers and authority granted
to the acting administrator.
(Code 1984, i 2.11)
Secs. 8-163 —2-135. Reserved.
ARTICLE IV. DEPARTMENTS
See. 2-136. Fire department.
(a) E$tabU$hed; chief. A fire department may
be established by resolution of the council. The
size and composition, including members, shall be
established by resolution of the council, which
may be chan^ firom time to tone by a subee-
quent resolution. The council shall also establish
and, from time to time, revise and amend written
rules and regulations of the department, includ
ing, but not limited to, its internal structural
organization and compensation. The chief of the
fire department shall see that all property used
and maintained for the purposes of the fire de
partment are kept in proper order, and that all
rules and regulations and all protons of the
laws of the state and this Code relative to a fire
department and to prevention and extinguish
ment of fires are duly observed. He shall super
vise the preservation of all property endangered
by fire and shall control a^ direct all persons
engaged in preserving such property.
(b) Council may contract for eerulcco. In lieu of
the requirements of subsection (a) of this eection,
the council may contract with one or nsore gov
ernmental units for fire protection for all or a
portion of the city, and, in such case, the fidlowing
shall be observed:
(1) Fire etrvice di$trict$. The city shall be
divided into fire service districts corre
sponding to the areas of the city whito are
provided with fire protection by separate
fire departments as establish^ by mu
tual agreement between the city and one
or more contracting municipalities. Estab
lishment of such districts shall not pre
clude or otherwise affect mutual aid agree-
ments between fire departments. An official
map shall be prepared and kept current to
show all fire service districts in the city.
(2) Protected artat. All land within the city
shall be included in one of the fire service
districts established in subsection (bX 1) of
this section and shall be provided with
fire protection service by the fire depart
ment having contractual Jurisdiction there
for, except that land on Big Island,
Mahpiyata Island, Deering Island and
other areas not accessible by land or bridge
shall be excluded from fire protoetion.
(3) Juriediction. The fire department of the
city is the fire department having juria-
dktion in each of the several fire service
CD2:8
TO:
FROM:
DATE:
Mayor Peterson and Council Members
Ron Moorscy City Administrator
May Sy 2003
SUBJECT: Concerns Regarding Council Member Interference with Personnel Meeting
On Thursday, May 1,2003, the City Administrator provided an update to the Council on a personnel
matter. The update included advising the Council that the City Administrator would be involved in a
meeting regarding the personnel matter early Friday morning. May 2. Council member Nygard missed
that update because he left the worksession early.
On Friday morning. May 2, Council member Nygard called the City Offices to talk with the City
Administrator. As the City Administrator was in the meeting regarding the personnel matter. Council
member Nygard spoke to Denise Leskinen, Administrative Support Assistant. She told Council
member Nygard that the City Administrator was in a meeting. Council member Nygard indicated he
needed to speak with the City Administrator immediately. Ms. Leskinen interrupted the meeting to tell
the City Administrator that Council member Nygard wanted to speak with him. The City
Administrator indicated he could not be disturbed unless it was an emergency. Ms. Leskinen relayed
this information to Council member Nygard. When this information was forwarded to Council member
Nygard, he indicated that if he was not allowed to speak with the City Administrator on the phone, he
would come up to City hall. Ms. Leskinen indicated the City Administrator could not be disturbed.
Mr. Nygard then came up to City I lall and insisted that he be allowed to talk to the City Administrator
or he would interrupt the meeting. Ms. Leskinen then talked to Lin Vee, City Clerk about what to do.
Because there were members of the public in the lobby area, Lin Vee, City Clerk, escorted Council
member Nygard outside to explain that the City Administrator was in a meeting regarding a personnel
matter, and could not be disturbed. Council member Nygard indicated that if Ms. Vee did not get the
City Administrator out of the meeting. Council member Nygard would interrupt the meeting himself.
Ms. Vee then interrupted the meeting to tell the City Administrator that if he did not talk to Mr. Nygard,
the Council member would come into the meeting. To prevent this, the City Administrator left the
meeting . The City Administrator told Council member Nygard that he was in a meeting regarding a
personnel matter. Council member Nygard indicated he needed to talk to the City Administrator.
To avoid a discussion at the front counter, and to try to get back to the meeting as quickly as possible,
the City Aministrator met with Council member Nygard in the City Administrator's office.
The reason for Council member Nygard’s need to meet was his concern about how Mr. Jabbour had
been allowed to participate too much in the discussion of the Big island Access issue at the worksession
the previous evening. The City Administrator listened, and concluded the meeting as quickly as
possible, so that he could get back to the meeting regarding the personnel matter.
It was very unfortunate that the meeting regarding the personnel matter was interrupted. All continuity
of the previous discussion was totally lost when the City Administrator returned. It is also unfortunate
that Council member Nygard determined that his need to immediately discuss his concerns regarding
the worksession superceded the importance of allowing the City Administrator to continue his meeting
uninterrupted.
Both Council member Nygard ’s insistence on interrupting the City Administrator’s meeting, and his
conduct in relation to the administrative staff are of concern. According to City Ordinance, an
individual Council member may not provide direction to staff (i.e. insist that the City Administrator
interrupt a meeting, or demand to participate in a meeting of the City Administrator) unless a quorum of
the City Council have authorized such action. The communication chatuiels between the City
Administrator and Council are very open. The City Administrator always tries his best to accommodate
requests by Council members to meet. But this needs to be a two-way street. There are times when it
is not possible to meet immediately with a Council member. All Council members need to respect and
be considerate of those times
While two different administrative staff advised Council member Nygard repeatedly that the City
Administrator could not be disturbed, he would not be put off. He indicated he was a Council member,
and he was going to talk to the City Administrator. This put the administrative staff in a very
uncomfortable position. The administrative staff did very well in trying to deal with him in a
professioiuU way, trying to maintain the decorum of the office. But they should not have to be placed
into that position by a Council member.
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MEMO
From: Denise Leskinen
RE: Jay Nygard incident on Friday May 2,2003
Friday morning I answered an incoming call. The caller asked for Ron Moorse, I told
him that Ron was in a meeting but I could give him voice mail. The caller stated: “this is
councilmember Nygard, get him out of the meeting I need to speak with [Ron] right
now.” I put the call on hold and interrupted the meeting. Ron asked me to tell Jay that he
was in a meeting and could not be disturbed unless it was an emergency. I relayed that
message to Mr. Nygard, he stated that “[he] is an elected official of this City, if Ron will
not t^e his call than [Jay] will just come down there and speak with him or sit in on the
ineeting.” I spoke with Lin about the phone call and discussed the best way to handle the
situation should he actually show up here and Ron was still unavailable.
Jay Nygard did show up a short time later. Ron was still in a meeting and could not be
disturbed. I told Jay that Ron was still unavailable but he was welcome to wait. Jay
sUted that he had better things to do than wait, he wanted to see Ron right now. I told
him that I was sorry but I could not interrupt the meeting unless it was an emergency.
Jay stated “[he] is an elected official of this city and that [he] had every right to speak
with Ron right now “. I had told him no less than four times that I could not interrupt
Ron unless it was an emergency, I asked him if he could tell me the nature of the
emergency, he went on to insist that I either get Ron or he would go find him himself and
sit in on the meeting. He made a point of saying that “it’s not you, it’s all me”, in other
words that it would not be me interrupting the meeting but him. At this time there was a
gentleman from MNDOT who was waiting for Ron and Jay had his little daughter with
him, although he did not raise his voice cr become outwardly disruptive, it was obvious
to me that he was not going to take no for an answer. Rather than stand there and debate
with him I asked him to wait a moment and I went to consult with Lin about what to do.
Lin came out and took Jay outside to speak with him (by this time there were people
coming out of a meeting with Lyle). A few minutes later Ron came out to speak with
Jay, before he left [Jay] thanked me for “putting up with him”.
I !
L t. 1 » n a i «
To:
From:
Date:
Subject:
Ron Moone, City Administrator
Lin Vee, City Cleric
May 5.2003
May 2,2003 - Situation with Jay Nygard
Denise told me about a call she received from Jay and that he was coming over to City
Hall. She was concerned about how to handle the situation when he arrived if Ron was
still in his meeting.
When he arrived, Denise told me that he was here and insisted on mtemipting the
meeting to talk to Ron.
I decided to also talk with Jay to see if I could persuade him to wait until the meeting was
over. When I went out to talk to him, there was a gentleman fiom Mn/DOT in the entry
waiting to see Ron and 3 men were leaving from a meeting with Lyle. I asked Jay to step
outside so we were not discussing the situation in front of others, including Denise or
Rachel. I told Jay that Ron was in a meeting regarding a sensitive personnel issue. Jay
stated that he was an elected official and had every right to be in any meeting that
involved the City. He indicated that he had been embarrassed at the woric session the
previous evening and wanted to discuss it with Ron immediately. He had checked Ron ’s
calendar and since there were no meetings scheduled, he stated that Ron should be
available to talk to him at any time during the day on Friday. He indicated that if 1 did
not interrupt the meeting and ask Ron to talk to him, that he would go and sit in on the
meeting until it was finished. 1 told him I would see what I could do. I then interrupted
the meeting a second time and explained to Ron in the hallway that Jay insisted on seeing
him immediately or he would come back to sit in on the meeting until it was finished.
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NOTICE OF PUBLIC MEETING
Notice is hereby given that the Orono City Council will meet in a work session at 5:00 p.m. on
Tuesday, June 3,2003, in the Orono City Council Chambers, 2780 Kelley Parkway, Orono,
Minnesota. The purpose of the meeting is to discuss the results of Park Commission candidate
interviews, to discuss administrative policies, and to discuss other issues of current interest.
This meeting is open to the public.
Lin Vee, City Clerk