HomeMy WebLinkAbout01/09/2017 Work Session I 111,--11 11 11-- 'l-,-, .......... . . .. ........
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City of Springfield
Work Session Meeting
1111J]"ES, CSE"' THEA WORK SESSION MEET1NG OF
THE SPRINGFIELD CITY COUNCIL HELD
MONDAY JANUARY 9,2017
The City of Springfield Council niet in a work, session in the Jesse Maine Meeting Room, 225 Fifill
Street, Springfield, Oregon, on Monday, January 9, 2017 at 5:32 pin., with Mayor Lundberg presiding.
AT-rf-INDANCE
Present were Mayor Lundberg and Councilors VanGordon, Wylie (by conference phone), Moore,
i
Stoehr, Woodrow and Pishioneri. Also present were City I fanaager Gino Grimaldi, City Attorneys
Mary Bridget Snifth and KristinaKra,az, City Recorder Ainy Sowa and ineMbers ofthe staff.
1. Arts Corninissi on App] i cant I n ten,iews .
Thea Hart, Librariau, presented the staffrepoit on this iters,
The Arts Commission has three vacancies on its board, of nine commissioners. Three position
openings were advertised. All three vacancies were due to term expiratioiis on December 31, 2016.
The Arts Conirnission seeks to fill three full terins expiring December 31, 2020. After extending the
deadline for an additional month, the Arts Commission received two applications. Two applicants
attended the Arts Commission ineeting on December 13, 2016 for an interview. The Arts Commission
unanimously voted to recommend applicants Kayla Ackerman and Daphne Mantis to be interviewed
by the Council.
The Arts Connnission requests that two candidates be interviewed by the City Council. 'Fhe Arts
Commission recommends that Kayla Ackerman and Daphne Mantis both be appointed to the, Arts
Commission to fill two of three vacancies for fill tern -is that expire December 31, 2020.The Arts
Commission believes the candidates are eligible and!, qualified to serve on the commission, Following
the interviews, the Council will formally ratify the appointimias during the Regular Meeting on
January 17, 2016.
Council introduced themselves to the applicants and asked the following questions of Kayla Acken,nan
and Daphne Mantis:
1. Why, are you interested in serving on the Arts Commission? (Mayor Lundberg)
2. (,`,an you give as an example of your experience working with as conitnittee? (Councilor
Moore)
1 Describe your professional and persotial experience as it relates to your desire to become all
Arts Corranissioner. (Councilor Woodrow)
4. Outside of the monthly Arts, Con inission meetings, what amount of volunteer time do you
have to offer for work involving the Arts Commission? (C"ouncilor VanGordon)
5, Which initiatives are you interested in work, ing on if you are appointed as as C'ommis'sioner`:'
What would you bring to the Heritage Arts Grant program, which received additional ftinding
for this fiscal year? (COU11 cilor Pishioneri)
6. Please name one way You would help inform our community about the Springfield Arts
Conunission and/or the Arts Commission's project�s. (Councilor Stoehr)
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City, of Springfield
Council Work Session Minutes
January 9, 2017
Page 2
7. Have you attended an, Arl's Conlniission rinecting? If so, what were your impressions?
(Councilor'Wylie),
Following interviews, the Council discussed the applicants and chose to appoint Kayla Ackerman and
Daphne Mantis to the Arts Cornmission during tile, January, 17, 2017 regular meeting.
2. public Records. Meetings mid Ethics Update.
Mary Bridget Stnith, City Attorney, and Kristina Kraaz from the City Attor-ncy's Office, presented the
staffreport on this itfarn.
The pUrPOSC of this work session is to discuss recent developments in the areas of public records,
rnectings and ethics and discuss strategies to Minimize the Council's potential legal liability in
connection with these areas of Oregion law,
Mayor Lundberg said the Council relies on the City Attorney's Office to provide guidance to help
them avoid issues.
Ms. Smith distributed an outline which included additional topics she had received fro. ru the Mayor
and Counci I. She reviewed the section regarding public records and siorlic of the changes that nlay be
corning forward in the future,. A bipartisan task force nlay come out in the legislature this year possibly
changing sortie exemptions or response time requirernents. Email is a useful too] for corn munication,
but site reminded them of the connection to all records and litigation discoveny. She also cautioned
them about communicating with each other via email because it could appear as ifthey are conducting
a public meeting that is not open to the public.
Councilor Moore asked about their emails and if they are saved on the server at the City.
Mr. Grimaldi said all ernails oil their public City accounts are saved on our servers. Those from
personal accounts are, not saved, but if they pertain to City business must be retained.
Mayor Lundberg said in the past, tile Council often used their personal computersand email. In a
records request: during that time, she went through and chose which en itis pertained to City business
so she could turn those over. She asked if that was still the standard.
Ms. Smith said that is the standard, but could, be a different standard if it involves litigation. Regrarding
text inessages, those could be sent to their email account if they believe it is a public record to prevent
turning in their personal phone.
Councilor Pishioneri said if he receives anything on his personal enlail, he copies his city, email in his
response so it is retained as a public record. Screen shots also Nvork.
Councilor VanGordon said it sounds like the best practice is to move entails and texts from personal
accounts to their City account. I i.e asked if he was free to clean up his City mailbox.
Ms. Smith said IT currently retains all ernails, on the, server, bort she didn't know how long they had
been doing so,
COMICifOr VanGordon asked, about social media on personal accounts.
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City of Springfield
Council Work, Session Minutes
January 9, 20 17
Page 3
Ms. Sinith suggested taking screen shots ofanything that rani ht deal with City business and sending it
to their City account or the City Recorder.
Councilor Va,nGordon said they need to be conscientious of creating public records on their private
accounts.
Ms. Sniith said phone conversations and voicemail are not considered public records. Mernos would
be considered public record,
Councilor Stochr said there are public posts on social niedia and private messaging. He asked if they
should preserve those private rnessages.
Ms. Sinith said if they are private messages that relate to City business, forward them to the City.
Councilor Pishioneri asked about questions, that corne up Mien sonleone is running for office that
relate to their election and if those would be considered public record. Ms. Smith and NIS. Kraaz said
they will look into it.
Ms. Smith spoke regarding public meetings and public behavior at public Inectings. 'naere, was a 9"'
Circuit case that cattle tip about a year ago abOLIt someone causing a disturbance at a public meeting,
and how or whether they could be removed. The results of that case were that the person has to
actually create a disturbance, and then they call be removed, Jurisdictions are to follow their own l,ocal
rules. The Council Operating Policies and Procedures say they call remove S01neone if they are being
disorderly, after They have been warned, If the person is doing mmnething very dangerous, they call be
removed without warning, The Council can't ban someone For life frorn the Council meetings, but call
ban therm fi-orn the remainder of the meeting in which they are removed.
Mayor Lundberg said our City has very civil meetings compared to sorne communities. She noted the
City's rules in those situations.
Ms. Smith said they are outlined in their Council Operating Policies and Procedures. She reviewed
those.
Councilor Wylie asked if the police could remove sorneone if the Mayor asks them to Please sit down,
and they don't sit down and keep speaking.
Ms. Smith said that would constitute a warning, so they could be rentoved. Site referred to the local
Handy v Lane County case regarding serial meetings. She described the situation and what caused
concern about a serial meeting. They could ernail about Whether or not to conduct as meeting, but it
looked like they were deliberating about releasing a letten The Council needs to be cautious about
eniailing one another. T"hey can speak with one another, but can't share opinions or relay what others
are thinking to other members ofthe Council.
Mayor Lundberg said she will often send things through City staffthat she wants to go out to the ffill
Council.
Ms. Smith said that is fine as long as staff doesn't poll the rest of the Council and, relay that
inforntation back to the Mayor.
Councilor Pishioneri said -there are very I'm emails that go back and forth among the Council.
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Cily, of Springfield
Council Work Session Minutes
Januar,y 9, 20117
Page 4
Ms,. Sinith said there hasn"t been as lot ofchange in ethics over tile past few years, but there could be hi
the future. She referred to inforniation regarding what to do when offered a gift, and NvIien, it might be
considered having a legislative or administrative interest. Questions regarding gifts oi- other ethics
l
questions can be directed to the Cit)� Recorder or the C
Oregon Ethics ommission.
Mayor L,undberg said they are often invited to attend a conference and, speak.
Ms. Smith said that is not considered a gift.
Ms. Smith spoke regarding Council liability. Council members are indemnified if they are acting
within the scope of the job and don't have malfeasance or willful and wanton disregard, Malleasarice
is defined as corrupt intent-, and willful or wanton neglect Of dtit)( is W!'eckless or intentional conduct.
If they are in any of those three situations, they will not be defended. Defliniation is most likely tile
reason for Council to get sued, When speaking in a public meeting, the Council nierribers have
inilliunity from defamation. Once they step outside the inecting, they don't have the same protection.
Mayor Lundberg said when she first started on, the COUnCil, a Former councilor said be cautious to
slander. She said it was best to not name specific companies or peol.)Ie.
Ms, Smith said there has been case law where that type ofaction was covered by insurance, but they
may want to think about other repercUSSiOnS. Again, outside the meeting the Councilor would be
liable.
Councilor Stoehr asked if the standard for defaniation is a false statement.
Ms, Kra.az said it is a public official, they have to prove it was false, and that it was said knowing it
wA,as false or that they were wrecklessly disregarding that it vvaStrue. If` it is not about a PUbliC OffiCial
and is about a company or private citizen, the intent doesn't matter, it just needs, to be false.
Councilor Pishioneri said several years ago when the Council WaS looking at ordinances regarding
pawn shop sales, several business owners threatened to sue him for statements lie made, ".17he laws are
there to protect tile Council to have a conversation as long as it is deliberation of what is at hand.
Ms. Smith asked if there were other topics they would like information oni. She asked if the litigation
updates were helpfull.
Councilor said the updates were helpful, as was tonight's discussion.
Councilor Pishioneri thanked therm and said he al-,)preciates hearing this when it is not an issue, but is
for information and education.
Ms. Stnitli said the City, Attorney's office would continue to have litigation updates in the Fall, and
this qpe of training at the beginning of each year.
Mayor Lundberg said it's important to hear often and is a good reminder that they are beholding to the
public.
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Ci1y of Springfield
Council Work Session Minutes
January , 2017
Page 5
1
The ineeting was a(pourncd at 6-.42 p.m.
Min'utes Recorder - Amy Sowa
Christine L. frttn�i—ddtrg
Mayor
Attest!
. A . rny . Sowv-
City Recorder