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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