HomeMy WebLinkAboutItem 02 City Council Training{00019451:1}
AGENDA ITEM SUMMARY Meeting Date: 5/17/2021
Meeting Type: Work Session
Staff Contact/Dept.: Mary Bridget Smith/CAO
Staff Phone No: 541-744-4061
Estimated Time: 30 Minutes
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Mandate
ITEM TITLE: CITY COUNCIL TRAINING ON PUBLIC OFFICIAL ETHICS, PUBLIC
MEETINGS, AND PUBLIC RECORDS AND DISCUSSION ABOUT FUTURE
COUNCIL TRAINING
ACTION
REQUESTED:
Participate in discussion Council training discussion on public meetings, ethics and
records and provide feedback about improving City Councilor training.
ISSUE
STATEMENT:
As public officials City Councilors are subject to various laws and City
Administrative Regulations that could subject the City to liability or to the
Councilors on an individual basis. Training can help to minimize those risks and
build the Council’s knowledge base and effectiveness.
ATTACHMENTS: Attachment 1: Ethics Training Highlights
Attachment 2: City Council Training Opportunities
Attachment 3: Constituent Response Script Template
DISCUSSION/
FINANCIAL
IMPACT:
Background: For many years the City Attorney’s Office (CAO) has annually
provided an update and training for the City Council on the laws and requirements
involved in public official ethics, public records and public meetings. Additional
City Administrative Regulations, the Enterprise Risk Management Program and
technology improvements have presented the City with an opportunity to revamp the
Council’s training.
City Administrative Regulations: The City has been revising and adopting a number
of administrative regulations some of which apply to the Council. For example, the
City’s Respectful Place to Work regulation addresses discrimination and harassment
and applies to employees, volunteers and contractors alike. Training and tracking of
these regulations is necessary for minimizing City liability.
Enterprise Risk Management Program: The City in embarking on an enterprise risk
management program as a way to better identify and minimize risks. That process
involves assigning owners to specific risks. A risk owner is the person responsible
for overseeing and shepherding the risk management activities for the assigned risk
and training is a common tool in addressing risk. CAO is the owner of the risks
connected to the City Council which include course and scope of authority, unlawful
ordinances and rules, exercise of quasi-judicial authority and defamation.
Technology Improvements: One significant effect of the COVID-19 pandemic is
that virtual platforms such as webinars and pre-recorded presentations have become
more prevalent. For instance, the Executive Team pre-recorded its budget
presentations. Also, our society now has easier access to online information that can
be accessed on demand. Websites like the League of Oregon Cities and the CIS
Learning Center provide free webinars on various topics that apply to City
Councilors.
Questions for Council:
• What kinds of resources would the Council like to access for training? How
frequent would the Council like to participate in training? Options include in
person CAO or consultant led training, pre-recorded CAO training videos, or
use of training materials or modules from League of Oregon Cities and CIS.
Springfield City Council
Ethics Training Highlights
Last Updated February 2019
1. The Oregon Government Ethics Law
Scope of the Oregon Government Ethics Law
Applies to all elected and appointed officials, employees and volunteers at all
levels of state and local government in all three branches.
Prohibits use of public office for financial gain.
Requires public disclosure of financial conflicts of interest.
Requires designated elected and appointed officials to file an annual disclosure of
sources of economic interest.
Limits gifts that an official may receive per calendar year.
Found in Oregon Revised Statutes, Chapter 244. See the attached Ethics and
Standards of Conduct document for more complete information.
No Financial Gain from serving as a Public Official
Oregon’s ethics laws prohibit every public official from gaining a financial benefit or
avoiding a financial cost due to his or her position, with very few exceptions. Planning
Commissioners are public officials. Public employees and volunteers are also public
officials.
Some financial benefits are legally exempt from the rule against financial gain. The
attached Ethics and Standards of Conduct document provides more detailed information
on the exceptions to the rule against financial gain. In brief, the exceptions include:
A benefit in an official compensation package (planning commissioners are
presently not compensated)
An “honorarium” in connection with a public duty that is valued less than $50 or
is related to the official’s private profession or expertise
Reimbursement for expenses
An unsolicited professional achievement award; and
Gifts that meet certain limitations described in ORS 244.020. (See page 2 - of the
Ethics Outline for more information regarding Gifts.)
Conflicts of Interest
A conflict exists whenever a decision or recommendation by a public official could or
would financially impact that public official or their relative. An official with an actual
conflict of interest must publicly announce the nature of the conflict and may NOT vote
or participate in the discussion or debate. An official with a potential conflict of interest
must publicly announce the nature of the conflict, but may vote and participate in the
discussion.
The difference between an actual conflict of interest and a potential conflict of interest is
determined by the words “would” and “could”: an actual conflict would affect a financial
Attachment 1, Page 1 of 4
Ethics Training Highlights
Page 2 of 4
_________________________
interest of the official or official’s relative; a potential conflict could affect a financial
interest of the official or official’s relative.
Annual Verified Statement of Economic Interest
Planning commissioners must file an Annual Verified Statements of Economic Interest
(SEI) online. Notifications and instructions for e-filing will primarily be sent to SEI filers
electronically via email. OGEC requires the contact person for each jurisdiction to
maintain and provide email addresses for each SEI filer in addition to the other relevant
contact information.
2. Public Meetings & Public Records Law
Public Meetings Must Be Public
Oregon’s public meetings law requires all meetings of the governing body of a public
body (which includes the Planning Commission) to be open to the public, unless the
meeting is held in executive session. [ORS 192.630]
A “meeting” is any convening of a governing body of a public body for which a quorum
is required to make a decision or deliberate toward a decision on any matter. In other
words, it is a “meeting” any time a majority of the Planning Commission are deliberating
toward a decision on any matter, and must be open to the public under the public
meeting law. For example, sending an email and CC-ing all the Planning commissioners
to discuss an issue that will be on an upcoming Planning Commission meeting agenda is
a violation of the public meeting law if the email conversation includes “deliberations” or
a decision on the issue.
Public Records Overview
Generally, every person in Oregon has a right to inspect any public record for any
reason. A “public record” is any writing that contains information related to the conduct
of the public’s business, that is prepared, used, owned, or retained by a public body
(which includes the Planning Commission), regardless of the physical form of the
writing. For example, an email on a private email server (like Gmail) is a public record if
it relates to the conduct of the public’s business.
The public records law requires public bodies to retain a record or copy of the record
and make it reasonably available for public inspection. OAR 166-020-0010. Most public
records can only be destroyed or disposed of based on a schedule set by the State
Archivist. ORS 192.170. A public body may charge a reasonable fee for public records
requests to cover the actual cost of making the record available to the public.
Public Records Exempt from Disclosure
There is a long list of specific public records that are exempt from disclosure. Most
exempt public records may be disclosed if the public interest requires disclosure. The
most common types of exempt public records include records related to employees,
litigation, trade secrets, test questions and scoring keys, personnel discipline actions,
Attachment 1, Page 2 of 4
Ethics Training Highlights
Page 3 of 4
_________________________
operational plans to respond to public safety threats and records that would reveal
weaknesses in security measures, social security numbers, and some records related to
law enforcement. A full list of exemptions can be found in ORS 192.501 to 505.
If only part of a public record is exempt from disclosure, that part must be redacted or
separated, and the rest of the record made public.
3. Duty to Act as an Impartial Tribunal
Parties that appear in front of the City Council when it is acting in its quasi-judicial land
use capacity have a right to an impartial tribunal. An impartial tribunal is one free of
actual bias and actual conflicts of interest, and free of undisclosed ex parte conflicts.
Bias/Conflict of Interest
There are two types of bias: prejudgment and personal interest (also called a “conflict of
interest”). Bias requires an actual, not just apparent, prejudgment or personal interest in
the outcome. 1000 Friends of Oregon v. Wasco County Court, 304 Or 76, 83, 742 P2d
39 (1987). Actual bias due to prejudgment is established by explicit statements,
pledges, or commitments that the elected local official has prejudged the specific matter
before the tribunal. Columbia Riverkeeper v. Clatsop Cty., 267 Or. App. 578, 609–10
(2014). Actual bias due to personal interest occurs when the decision-maker would
benefit financially from a particular outcome. See also “Conflicts of Interest” above.
Ex Parte Communications
An ex parte communication is any communication with a decision-maker outside a public
hearing regarding a matter that is relevant to the decision. When there has been an ex-
parte contact, disclose the substance of the contact on the record and offer the parties
the right for rebuttal. ORS 227.180(3).
Questions?
Contact legal counsel at any time if you have questions. It’s better to address
issues proactively than retroactively.
Kristina Kraaz: kskraaz@springfield-or.gov
Mary Bridget Smith: mbsmith@springfield-or.gov
Springfield City Attorney’s Office
225 Fifth Street, Suite 510
Springfield, OR 97477
Office: 541-744-4061
Fax: 541-744-4185
Attachment 1, Page 3 of 4
Ethics Training Highlights
Page 4 of 4
_________________________
Resources
OGEC Guide for Public Officials
The Oregon Government Ethics Commission (OGEC) publishes a comprehensive guide
on government ethics for public officials. The guide is available free as a PDF at:
http://www.oregon.gov/OGEC/pages/training.aspx
iLearn Oregon
OGEC offers free online training through iLearn Oregon. Training modules are short,
focused, and convenient. There are no-cost trainings on several topics, including
conflicts of interest, gifts, and executive sessions. OGEC iLearn trainings are available
at: http://ilearn.oregon.gov.
OGEC Opinions
OGEC issues formal and informal opinions in response to real-life ethics questions asked
by public officials. The opinions are available to view and download online, and can be
looked up by the topic that they address, such as “conflicts regarding a relative” and
“gifts.” OGEC Advisory Opinions are available at:
http://www.oregon.gov/OGEC/Pages/advisory_opinions.aspx.
Ethics Statutes and Rules
OGEC has compiled links to the relevant statutes and administrative rules regarding
government ethics, which are available here:
http://www.oregon.gov/OGEC/Pages/statutes_rules.aspx.
The Attorney General’s Public Records and Meetings Manual
The Oregon Attorney General publishes and updates this manual, which includes a
sections on public meetings requirements and executive sessions. The manual is
available for free online at the AG’s website:
http://www.doj.state.or.us/public_records/manual/pages/index.aspx.
The Citizen’s Guide to Public Records and Meetings
This guide is a pared-down Q&A version of the AG’s longer Public Records and Meetings
Manual. It is available at:
http://www.doj.state.or.us/public_records/pages/citizens_guide.aspx.
Annual Verified Statement of Economic Interest
The Electronic Filing System website to register a new account or sign in to an existing
account is available here: https://apps.oregon.gov/OGEC/EFS. OGEC has created a
helpful instructional video that walks you through how to use the Electronic Filing
System and the online SEI form. That video is available on the OGEC website here:
http://www.oregon.gov/OGEC/Pages/efs.aspx.
American Planning Association’s Ethical Principles in Planning
https://www.planning.org/ethics/ethicalprinciples.htm
Attachment 1, Page 4 of 4
CITY COUNCIL TRAINING OPPORTUNITIES
FROM THE LEAGUE OF OREGON CITIES AND CIS
League of Oregon Cities: The League has several options for elected officials to access training
such as written materials, webinars and live training opportunities.
Elected Essentials Program: (Link: Elected Essentials Training)
The LOC’s Elected Essentials Program provides newly elected officials, experienced elected
officials, and city staff with free training on the basics of municipal governance in Oregon. Held
live in December 2020, the recordings include live Q & A sessions. The recordings include 5
separate sessions on the following topics:
The Roles & Responsibilities of Oregon Municipal Officials and How to Achieve a High
Functioning City Council
Public Meetings in Oregon
Ethics Awareness
Legal Power and Impediments Affecting Elected Officials
Public Records in Oregon
LOC Scheduled Training: LOC has a training schedule for virtual and in person training
opportunities. (Link: Training Calendar)
Training Facilitated by LOC Staff: LOC staff can also come to Springfield to deliver training for
the following topics:
Budgeting
Public Contracting
Ethics
Public Meetings and Records
Council Roles and Responsibilities
Land Use
LOC also has access to consultants that can provide training on more expansive topics like
coaching, visioning, communications, media relations and customer service.
Online Written Materials: LOC also provides some helpful written resources for elected
officials.
Oregon Municipal Handbook: A comprehensive resource providing city officials an
understanding of the purpose, structure, authority and nuances of municipal governance
in Oregon. (Link: Oregon Municipal Handbook)
Information for Newly Elected Officials: Webpage on the League website that provides
resources for newly elected officials. (Link: Information for Newly Elected Officials)
Local Government Basics: A written resource on 10 essential topics for elected officials.
(Link: Local Government, The Basics)
Attachment 2, Page 1 of 2
CITY COUNCIL TRAINING OPPORTUNITIES
FROM THE LEAGUE OF OREGON CITIES AND CIS
CIS Learning Center: In -person, free online training and resources that include instructor-led
training, webinars, regional trainings, risk management library with over 400 courses.
Login Link: CIS Learning Center Training
Some popular courses for elected offices include:
Politics Here, Politics There, Politics Everywhere! What Local Governments can do to
Address Politics in their Workplaces
Progressive Discipline: Does it Really Matter?
Insight to Oregon Government Ethics Laws
Unconscious Bias
Sexual Harassment and Abusive Conduct Prevention – Employee Course
Harassment, Equal Employment and Other Laws that Matter to You
Cyber Security Basics
Ethics and Code of Conduct
Attachment 2, Page 2 of 2
Below are some sample scripts for email responses to constituents:
Attorney Communication: A script for explaining that you can’t directly speak with a person who is represented by
a Council.
Thank you for your email. I am willing to continue to try and work for some resolution on your behalf.
Unfortunately, you have mentioned that you have been talking with an attorney and have mentioned potential
litigation. Could you please have your attorney email me and confirm that he is ok with me talking with you
about this subject?
Attorney / Direct Communication: A script for CAO to send to constituents for circumstances where it may be
appropriate to communicate but you need some ground rules. If you need this, just let us know and we will send it
to the constituent.
I am the City Attorney and represent the City of Springfield in legal matters including the potential litigation
you have mentioned. If you are represented by counsel please forward this e-mail to them immediately and
direct all future contact through them as I am prohibited by ethics rules from contacting you regarding the
subject matter of the litigation or allowing my client, the Council, to do so.
The councilor is willing to meet with you with three conditions: (1) That there be agreement that nothing that
is said or discussed during the meeting can be used in any future litigation against the City, the councilors, or
City staff, (2) That the meeting not be recorded, and (3) That no lawyers are present.
Please let me know how you would like to proceed.
Ex Parte Contacts: A script to explain that you can’t visit or talk with an applicant in a land use decision. Please
let CAO know if you would like help customizing this script for the particular land use decision at issue.
You recently contacted me regarding as issue involving an application to have one of the conditions of
approval regarding access removed. Because the condition was originally adopted by the Springfield City
Council the matter will ultimately have to come back before the Council for a decision. As a council member
and decision maker this means that any contact I have with you would constitute ex parte contact.
Handy/Serial Meetings: A script to avoid Handy (serial meeting) issues when meeting with constituents that have
other meetings on the same subject with other councilors.
I understand that you would like to speak with me about _______ and that you have scheduled meetings with
other councilors on the same topic. I also understand that the topic may come before the Council at some
point in the future for a decision.
Given those circumstances, I need to establish some ground rules for our meeting. First, I do not want you to
convey the position of any other councilor on the topic to me. Second, I am only meeting with you to gather
information. You should not interpret anything I say as indicating that I have made a decision on the matter
or that I am deliberating toward a decision on the matter.
Tour Invitation: A script to explain why you may not be able to tour or visit a particular business.
Thank you for your invitation to tour your business, unfortunately I have to decline. My reason for not
accepting your invitation has nothing to do with the nature of the business. Our legal counsel has always
pointed out the pitfalls of one councilor having additional or special information about a decision that the
Council must make as a whole. At some point in the future I, along with the other councilors will need to
make decisions about how businesses like yours are zoned and regulated. I, and our counsel are always more
comfortable when the entire Council bases their decision on the same information.
Best of luck in your future endeavors.
Forwarding on to Staff: A script to let a constituent know that you will forward their request/concern on to staff.
With this email I am acknowledging your inquiry and I have forwarded it to the appropriate city staff. For the
reason I have explained above, please direct all communication on this issue to city staff.
Attachment 3, Page 1 of 1