HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/01/2002 - ITEMS RELATING TO COUNCIL EXPENDITURES, COUNCIL TR AGENDA ITEM SUMMARY ITEM NUMBER: 18 A-C
FORT COLLINS CITY COUNCIL DATE: October 1, 2002
STAFF: John Fischbach
SUBJECT:
Items Relating to Council Expenditures, Council Travel, and Council Electronic Mail.
RECOMMENDATION:
The Council Governance Committee recommends adoption of these Resolutions.
FINANCIAL IMPACT:
The Resolutions do not have any direct financial impact. Over time, however, the provisions of
the Resolutions dealing with Council travel and expenditures may lead to closer evaluation of
costs incurred by the Council which in turn may lead to lower spending levels.
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EXECUTIVE SUMMARY:
A. Resolution 2002-091 Establishing Policies Regarding the Monitoring of Council
Expenditures.
B. Resolution 2002-092 Adopting a Travel, Conference, and Training Policy for City
Council.
C. Resolution 2002-093 Adopting a Policy for the Use, Management and Retention of
Electronic Mail by the Mayor and City Council.
Over the past few years, spending for the Council program has grown significantly and, earlier
this year, the Mayor and Council received public comments encouraging closer monitoring of
Council expenditures. The City's accounting system tracks expenditures through programs and
the City Council constitutes one of these programs.
Also, the Mayor and Councilmembers travel out of town to attend conferences, trainings, and
committee meetings. The Mayor and Council attend these out of town meetings to become
better prepared to do their job; to represent the community of Fort Collins; and to take part in the
formal and informal networking from which the community of Fort Collins often benefits. The
DATE: ITEM NUMBER:
City benefits from having an educated electorate as well as Council representatives at numerous
state, regional and national conferences.
At its meetings on April 17 and July 16, 2002, the Council Governance Committee reviewed and
discussed Council expenditures and the establishment of policies relating to Council travel and
use of electronic mail. The Committee directed staff to prepare resolutions establishing policies
for the monitoring of Council expenditures, and adopting travel policies that are similar to the
policies that guide travel by general employees of the City. In addition, the Committee
recommended Council adoption of a policy relating to the use of electronic mail that is similar to
that which has been recently approved for employees. By adhering to these policies, the Mayor
and Council will demonstrate its commitment as responsible stewards of City resources.
Following is a summary of the key points in each draft policy:
Council Expenditures
• The staff of the City Manager's Office and the Finance Department will prepare a
monthly expenditure report to summarize all spending in the Council program
which is to be presented to the Mayor and each member of Council.
• When possible, staff will allocate expenditures to individual members of Council
or the Mayor. If not allocable to individuals, staff will allocate the expenditures
to the Council as a whole.
• The Mayor and members of Council are to review the report for accuracy.
Suggested corrections or questions are to be forwarded to the City Manager.
• The City Manager and the Financial Officer will set up additional procedures, if
necessary, to properly allocate expenditures.
Council Travel
• Provides clear guidelines on the proper procedures and policies for the Mayor and
Councilmembers when they do travel.
• The Mayor and Council will work with the City Manager's Office to carry out all
travel planning activities and to ensure proper documentation of all expenses for
any trip (travel, meals, lodging, and registration).
Electronic Mail
• The Mayor and Councilmembers may use electronic mail to facilitate the
development of ideas, but should not use email to test the level of Council support
for any idea or proposal.
• Electronic communications related to City business should be handled with the
same level of care used in the creation, distribution, management and retention of
paper records and correspondence.
DATE: October 1, 2002 3 ITEM NUMBER: 18 A-C
• All electronic records of the City are subject to the retention requirements set out
in the City's General Records Retention Schedule. To enable the City to
effectively manage the retention of electronic communications, if the Mayor or a
Councilmember use a private email system to communicate regarding City
business, the individual's City email account should be included as a copied
recipient.
• The City's email system is not designed for the storage of messages. Therefore,
effective January 1, 2003, all email messages that are 91 days or older will be
automatically purged from the system on a continuing basis. If a Councilmember
wishes to retain an email for a period exceeding 90 days, for reference or
convenience, the Councilmember must save the email electronically outside of
the City's email system, or print the email for filing.
By adopting these Resolutions, the Council will reaffirm its belief that its activities in these areas
should be supported by, and be consistent with, formal policies. The Council as a whole, and
each elected official, will be able to rely on the policies in the course of conducting City
business. The policies will also serve to assure members of the public that Council operates
under prudent procedures and policies.
RESOLUTION 2002-091
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING POLICIES REGARDING THE MONITORING
OF COUNCIL EXPENDITURES
WHEREAS, the budget of the City of Fort Collins is structured into organizational units
called service areas, within which are programs to provide services, of which City Council is one
such program; and
WHEREAS,the City Council adopts an annual appropriations ordinance each November for
the ensuing fiscal year which includes authorization for expenditures for the City Council program;
and
WHEREAS,all programs of the City are expected to maintain their expenditure levels within
the amount established in the annual appropriations ordinance; and
WHEREAS,the City Council desires to establish policies and procedures regarding how its
program expenditures will be monitored and reported on a regular basis.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That each month, staff of the City Manager's Office and the Finance
Department shall prepare a summary report that shows the expenditures of the Council program,and
shall submit the report to the Mayor and members of Council for review.
Section 2. That the foregoing report shall be itemized to show the purpose of each
expenditure according to the line items in the City's financial chart of accounts, and shall be
allocated to individual Councilmembers and the Mayor when possible. If expenditures are not
allocable to individuals, the amounts shall be allocated to the Council as a whole.
Section 3. That the report shall clearly show the original level of expenditures authorized
for the Council program,the amounts spent during each month and the total expenditures for the year
to date. Unspent expenditure authorization shall also be shown.
Section 4. That the Mayor and each Councilmember shall review the monthly report for
accuracy and to ensure that all expenditures have been properly allocated. Questions about the report
or suggested corrections to the report should be forwarded to the City Manager.
Section 5. That the Council hereby authorize the City Manager and the Financial Officer
to establish such administrative procedures as may be necessary to facilitate the proper allocation
of Council expenditures.
Passed and adopted at a regular meeting of the City Council held this lst day of October,
A.D. 2002.
Mayor
ATTEST:
City Clerk
RESOLUTION 2002-092
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING A TRAVEL, CONFERENCE, AND
TRAINING POLICY FOR CITY COUNCIL
WHEREAS, the Mayor and Council of the City of Fort Collins participate in several
organizations that provide educational seminars and conferences about the efficient operation of
municipal corporations; and
WHEREAS,the Mayor and Council may need to travel to various locations in able to attend
meetings of such organizations; and
WHEREAS, during the course of travel, the Mayor and Council incur expenses, including
but not limited to lodging, transportation, meals, and educational materials; and
WHEREAS, the City of Fort Collins has recently adopted travel, conference, and training
expenses policies("Travel Policies")for City employees which are attached hereto and incorporated
by this reference; and
WHEREAS, the Council wishes to adopt the same travel,conference, and training expense
policies to guide its own expenditures on such items.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Council hereby adopts the Travel Policies contained in Exhibit "A," attached
hereto, for application to the travel expenses of the Mayor and Council.
Passed and adopted at a regular meeting of the City Council held this 1st day of October,
A.D. 2002.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
TRAVEL, CONFERENCE, AND TRAINING POLICY
FOR
CITY COUNCIL
OVERVIEW
City Council members (this includes the Mayor, Mayor Pro Tern and City Council
members) travel both within and outside of the State of Colorado for the purpose of
representing the City at meetings and professional associations, as well as for training to
enhance their knowledge and skills related to their position in city government.
The citizens of Fort Collins receive both tangible and intangible benefits having
representatives not only at formal meetings but also by providing the opportunity for
those in municipal service to participate in forums through which informal networking
and information exchanges may occur. The quality of life for the citizens is improved
through an informed and educated elected body and the expense of such training,
including the associated travel, is an appropriate expense for the City to bear.
Each year,members of City Council identify the conferences and training events they
plan on attending. Generally, each City Council member attends two or three major
• conferences (such as the Colorado Municipal League,National League of Cities,U.S.
Conference of Mayors) and one or two other conference or training events in any one
year. Travel to and attendance at conferences is based on the availability of budgeted
funds.
City Council members often have a variety of reasons for why they must travel or attend
an event. A good benchmark about the appropriateness of traveling to an event at the
expense of the city is whether attendance will benefit the city, is congruent with the
responsibilities of being a City Council member; and is apolitical. For most occasions,
City Council members travel for the following reasons:
• To obtain or comply with federal or state grant programs or contracts.
• To review projects and programs in other cities.
• To attend meetings as an officer of a regional, state, or national
professional organization.
• To present papers on activities in Fort Collins to other organizations.
• To participate in training and educational programs related to municipal
policies and operations.
• To provide information to and discuss pending policy issues with State
and Federal Officials.
•
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GENERALSTANDARDS
The basic standard that should always prevail is to exercise good judgment in the use and
stewardship of the City's resources. City Council members are responsible for exercising
good judgment in requesting, arranging and making a trip. Personal business should not
be mixed with City business if it will be a monetary cost to the City or if it harms the
City's interest in any way. The City expects to reimburse City Council members for all
reasonable costs they might incur on behalf of the City.
Consistent record keeping also demonstrates accountability to the taxpayers and public.
The City has a responsibility to accurately account for and report travel, conference and
training expenses. Inaccurate travel reporting and reimbursement can also lead to tax
liability situations and fines from the Internal Revenue Service.
Determination of the tax status of advance and reimbursement payments and subsequent
tax reporting are the responsibility of the Finance Department payroll function. Records
are sent to the IRS on both a quarterly and annual basis. If travel advances and
reimbursements are not adequately documented,the official's W2 statement may contain
a figure of taxable income that increases the tax liability for the officials.
The policies and guidelines for City Council are generally the same as those applicable to
City employees.
Definition of Travel
For the purposes of this policy, the word"travel"is used to denote activities of City
Council members in connection with attendance at conferences, meetings, seminars, and
training related to City business including necessary transportation to and from the
activity locations.
Travel Guidelines: Contact the City Manager's Office for Travel Arrangements
Prior notification of out-of-town travel shall be given to the contact person in the City
Manager's Office whenever possible. A Travel Request Form should be filled well in
advance of the trip. Furthermore, all registration and travel arrangements should be made
well in advance so that the City can take advantage of reduced fares and early registration
fees. Staff shall assist City Council members in making transportation and lodging
arrangements and arrange to have expenses billed directly to the City; contractors shall be
chosen by staff, and not by City Council members.
LOCAL EXPENSES
What are local expenses:
Local expenses include those incurred while representing the City Council on a
committee, attending meetings, attending local seminars or conferences, attending local
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special events, or meeting with groups or individuals to discuss City matters. Expenses
that are paid by the City include meals, conference registration, transportation and
necessary incidental expenses.
Receipts
If receipts are not available, a written description of expenses signed by the City Council
member must be submitted along with the Travel Request Form. Forms shall be available
from the City Manager's Office.
Petty Cash
Expenses under$50 can be reimbursed out of the petty cash fund in the City Manager's
Office.
Receipts request
The City Manager's office coordinates the details, including forms and documents, for
preparing and completing City Council members' travel, conference and training
activities. It is the responsibility of the traveler to collect and turn in all necessary
receipts and documents of travel and conference related expenses.
Out of Town Expenses
Out-of-town expenses include those incurred while attending City-related conventions,
conferences,training seminars, or meetings. Expenses that are paid by the City include
fees for seminars or conferences; transportation to, from, and at the destination; and
lodging, meals, and incidental expenses that are necessary to conduct City business.
Overseas Travel
If any member of City Council wishes to attend a conference or make a City Council
business-related trip to a destination oversees, this request shall be made in writing well
in advance and shall be placed on the consent calendar for approval by the City Council.
TRAVEL REQUIREMENTS AND GUIDELINES
For each trip, the City Council members must abide by specific city requirements and
guidelines. These policies are in place to provide staff with greater flexibility and notice
to best prepare the details of the trip, and ensure proper reporting and accounting of City
funds.
The Requirements and Guidelines can be broken down into 8 separate topics-
1. Planning
2. Advances
3. Use of City-Designated Travel Providers
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4. Airline Reservation and Travel
5. Lodging
6. Vehicle Rentals
7. Meal Reimbursements for Out-of-Town Traveled
8. Prohibited Travel Expenses
9. Reporting Expenses
1. Planning
Effective planning by the City Council member provides a key benefit to both the
Council members and the city. The key to effective planning is to have as much
information as possible regarding anticipated travel expense needs (number of days,
meals,registration fees). The further in advance travel is planned, the more likely staff
can take advantage of reduced registration and travel costs.
At the initial stage of trip planning,the City Council member must submit a Travel
Request Form. The Travel Request Form is intended to be the form of documentation for
all travel and is available from the City Manager's Office.
2. Advances
A City Council member may request for a cash advance for travel purposes. It is
recommended that a request for a cash advance be made prior to the date of departure.
The Travel Request Form must be used to request the cash advance. The City provides
the advance the week before the travel is to occur.
3. Use of City-Designated Travel Providers
The City has selected certain travel agencies to assist the City in making travel plans.
City Council members must use these designated travel agencies, unless reduced travel
fares or lodging rates can be identified through other means. The City is trying to
achieve a trip that is as inexpensive as possible,yet does not compromise the ability of
the City Council member to obtain the full benefit of attending the event.
4. Airline Reservation and Travel
For any travel by plane, City Council members are encouraged to pursue all travel
measures that might reduce costs. These measures include:
a) Booking tickets 21-30 days in advance or earlier if possible to take
advantage of lower pricing options.
b) The airline fare should be coach, leisure, discount,promotional or other
low cost airfare unless the City Council members reimburse the City for
the difference between the lower fare and the more expensive fare. The
City will not reimburse first-class travel.
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. c) The City Council member should consider adjusting travel dates and times
in order to take the flight with the lowest cost airfare. For example, staying
over a Saturday evening often saves a substantial portion of the airfare,
even when additional lodging and per-diem is incurred.
d) All airline travel must require ticketing documentation, either a hard copy
ticket stub or written confirmation of an electronic ticket.
e) The City recommends the use of airport shuttle services as the most cost-
effective mode of travel to Denver International Airport (DIA). Though
not the preferred mode, private vehicle travel to and from DIA may be
reimbursed at the IRS mileage rate. The maximum daily reimbursement
for parking at Denver International Airport is established by the Finance
Department.
5. Lodging Standards
City Council members must use low or moderate cost lodging for the area to which they
are traveling unless they reimburse the City for the difference between the lower rates
and the more expensive rates. If a conference or event-provides multiple lodging choices,
the City Council Member must select low to moderate cost choices whenever possible
unless they reimburse the City for the difference between the lower rates and the more
• expensive rates. If government rates are available and provide it savings, they must be
used.
6. Vehicle Rentals
Usually, car rentals are considered a luxury. To use a rental vehicle, the City Council
member must demonstrate why other low-to-moderate cost methods of transportation
(shuttle, taxi, bus, subway) are not feasible or cost effective. All costs related to rental
vehicles (gas,parking, and repair)must be documented if they are to be reimbursed. The
standard for vehicle size is lower to mid-size. Any additional insurance coverage on
rental cars will be the expense of the City Council member.
Standard Vehicle Guidelines would be:
a. Premium rentals or limousine service are not appropriate except when
several City Council members are traveling in a group. In this case, a
limousine or large vehicle may be most cost efficient.
b. City Council members may use department or Fleet Services vehicle when
available.
C. If a City Council member's private vehicle is used, mileage will be
reimbursed using the mileage rate set by the IRS. The most direct route
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will determine the total mileage. The maximum amount that will be
reimbursed is equal to the cost of the lowest airfare available 21 days prior
to travel.
7. Meal Reimbursement for Out-of-Town Travel
When Council members travel out-of-town, their meal expenses will be typically
reimbursed.
8. Travel Expenses Not Allowed
In addition to the items listed under Sections 4 and 6 of this policy(airline reservations
and travel and vehicle rentals), there are expenses that the city will not reimburse. These
expenses are:
a. Meals or other expenses for sales people, spouses, family members or
other persons not affiliated with the City.
b. Liquor,movies, or entertainment (including in-room movies).
C. Concerts, theater, sporting events and similar activities;
d. Laundry, dry-cleaning or shoe repair;
e. Personal phone calls, including connection and long distance fees;
f. Computer connections(unless required for City business); or
g. Other personal expenses not directly related to City business.
9. Reporting Expenses
Absent extenuating circumstances outside of the individual's control,the City Council
member must complete and submit the Travel Request Form to the City Manager's
Office within 10 working days of his or her return. The form must include all expenses,
including all credit card changes made.
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RESOLUTION 2002-093
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING A POLICY FOR THE USE, MANAGEMENT
AND RETENTION OF ELECTRONIC MAIL
BY THE MAYOR AND CITY COUNCIL
WHEREAS, the City Council recognizes electronic mail as an important communication
tool; and
WHEREAS, email systems are neither intended nor designed as systems for storage; and
WHEREAS, the City is mindful of its obligations under the Colorado Open Records Act
and is desirous of maintaining its records in a manner that facilitates the efficient and expedient
retrieval of documents upon request; and
WHEREAS,the City Manager recently adopted an administrative policy governing the use,
management and retention of electronic communications by employees in furtherance of these
objectives; and
WHEREAS,the City Council supports the administrative policy and desires that its email
be governed by a similar policy, with certain modifications tailored to the City Council's use of
email.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FORT
COLLINS, that the Email Policy concerning the Mayor and City Council Members, attached
hereto as Exhibit "A", shall be and is hereby adopted.
Passed and adopted at a regular meeting of the City Council held this 1st day of October,
A. D. 2002.
Mayor
ATTEST:
City Clerk
Governance Committee
April 17, 2002 Page 5
•
require documentation of individual comments regarding the reasons for voting,particularly in the
case of split decisions. In addition, language will be added to require that any separate
communication of board opinions/recommendations, should be transmitted to the Council and the
City Manager. Mr. Fischbach noted that his office is currently implementing a process for tracking
boards and commissions recommendations to Council.
(Secretary's Note: The Committee took a 15-minute break for lunch.)
E-mail
Mr. Roy stated he is working on a report to Council addressing two issues: (1) Does e-mail
constitute a meeting,that has to be open and preceded by a notice?;and(2)Is e-mail an open record?
He stated if the Committee wants to discuss,from a practical standpoint,how e-mail is used or what
the system is for retrieving e-mail when a request is received, he is not planning to address those
issues in his memo.
Mayor Pro Tern Bertschy stated his understanding is that Councilmember Tharp is interested in
addressing the meeting aspect of e-mail and information decision making.
Mr. Roy offered a preview of his memo, stating, under local law, he does not believe e-mail
constitutes a meeting unless it occurs in a chat room,noting that if Council wants to clarify that,he
would recommend stating that in the City Code. He noted that under state law,a-mail is a meeting,
creating a conflict between state and local law. He stated a policy decision needs to be made about
whether the Council wants e-mail to constitute a meeting that needs to be preceded by a notice. He
suggested that even if Council determines e-mail is not technically a meeting,the Council may want
to have a policy discussion regarding the use of e-mail.
Councilmembers Weitkunat and Bertschy agreed the Council needs to have a discussion to address
concerns and agree on the use of e-mail.
Mayor Pro Tern Bertschy stated the other issue to be addressed is the issue of storage and retrieval
of e-mail.
Assistant City Manager Atteber y stated from a technology aspect,a-mails can be stored for as long
as Council wants or deleted as soon as wanted. He stated it's more an issue of open records and
records retention,and the City's policies on those issues. He spoke of other communities,including
Larimer County,who have elected officials make the decision,based on certain criteria,to forward
e-mail to a public mailbox.
Mr.Roy recommended a decision be made as to whether e-mail is a meeting,and beyond that,adopt
guidelines on how e-mail should be used.
Governance Committee
April 17, 2002 Page 6
Mayor Pro Tern Bertschy suggested asking Councilmembers to identify their concerns and
preferences for addressing those concerns in preparation for possible discussion at the retreat on May
14 (time permitting).
Ballot Issues and Possible Charter Amendments
Ms. Krajicek stated staff has identified and included in the agenda a Charter amendment which
clarifies that the Council does not have the option to adopt an initiated ordinance without alteration
if the measure is subject to a vote of the people under TABOR. The need for this housekeeping
amendment came to light during the Imagine Fort Collins initiatives.
Mayor Pro Tern Bertschy asked if the amendment could be perceived by the voters in a negative
manner.
Mr. Roy stated anytime you touch on the initiative process on the ballot,you can't predict how the
voters will react. Ms. Krajicek noted that this amendment is in favor of the voters, clarifying the
power of voters to take taxation or debt issues out of the hands of the Council.
The Committee discussed whether it would permissible for Council to adopt an initiated ordinance
subject to a vote of the people prior to placing it on the ballot as a means of showing Council's
support for an issue. Following discussion,the Committee determined that even if that option were
available, it doesn't provide any additional benefit since the Council is permitted to adopt a
Resolution in favor of or in opposition to an initiated measure.
The consensus was to place the issue on the November ballot as drafted.
Proposed Revisions to the District-Precinct Map
Ms.Krajicek stated this item was added in an effort to get the Committee's reaction to the proposed
map prior to bring it to Council for formal adoption on May 7. She explained that the revisions were
necessary due to changes in the County's precinct boundaries, which were driven by
reapportionment. She asked for the Committee's reaction to the proposed map.
The Committee liked the fact that the proposed map uses College Avenue as the primary dividing
line between the east and west sides of town. The Committee recommended Council adoption of
the map on May 7.
Governance Committee
April 17, 2002 Page 7
Council Expenditures
The Committee discussed the level of accountability that the Council currentlyhas,and should have,
with regard to expenditure of the Council's budget.
Mr. Fischbach spoke of the difficulty Council may have in determining or arbitrating individual
Councilmember expenditures based on available funds. How expenses should be "charged" to
individual Council members was discussed,and Mr.Fischbach noted that several expenditures that
were erroneously included in the Mayor's expenses in the information recently prepared for Tim
Johnson has caused some misunderstandings.
Mayor Pro Tern Bertschy stated he believes Council should be provided with detailed information
about the budget and expenditures and that,if the budget is becoming depleted,the Council should
make decisions about expenditures for the remainder of the budget year. He stated he was not in
favor of allocating money to individual Council members.
Councilmember Weitkunat stated because the Council's expenditures have become a public issue,
it's time for a public discussion of the issue for the purpose of public understanding and Council
understanding. She stated she believes the Council should be accountable for its budget.
Mayor Pro Tem. Bertschy introduced the idea of Council adopting the City's travel policy as the
policy that the City Council will follow. It was noted that Council follows that policy now, but
formally adopting the policy would make a public statement that the Council lives by the same rules
as the rest of the City organization.
Mr. Roy suggested that staff review the City's personnel policies and administrative policies for
travel and expenditures policies and pull them together into a policy for to be brought forward to the
Council for adoption. The Committee concurred.
The Committee continued discussion of how expenses should be allocated to individual
Councilmembers. Finance Director Krcmarik suggested that staffdevelop allocation rules,and apply
those to the current year budget and report to Council how that looks. Then, the same rules could
be applied to previous budget years if necessary. The Committee concurred.
Mr. Fischbach indicated staff would attempt to have draft policies prepared within the next few
weeks.
Review of Oath of Office and Partisan Activities
Ms. K raj icek n oted this i s a c ontinuation o f the d iscussion s tarted at the D ecember 18, 2 001
Committee meeting.
• COUNCIL GOVERNANCE COMMITTEE
July 16, 2002
The Council Governance Committee met on July 16, 2002 at 4:00 p.m. in the City Manager's
Conference Room in City Hall West, 300 LaPorte Avenue. In attendance at the meeting were
Committee members Bill Bertschy,Ray Martinez,and Karen Weitkunat. Council and staffinembers
present at the meeting were Councilmember Eric Hamrick, City Manager John Fischbach,Deputy
City Manager Diane Jones,Assistant City Manager Darin Atteberry,City Attorney Steve Roy,City
Clerk Wanda Krajicek, Finance Director Alan Krcmarik, and Chief Deputy City Clerk Rita Harris.
Executive Session Protocol
The Committee reviewed draft policies and procedures governing the holding of executive sessions,
as well as a form containing options for wording of a motion to go into executive session and
announcements to be made on the taped record of an executive session. It was noted that these
documents are intended to be used by boards and commissions, as well as the Council.
Mayor Pro Tern Bertschy stated he liked the checklist of motions for going into an executive session
and the language for the announcements.
• The Committee unanimously recommended Council adoption of the policies.
E-mail
Assistant City Manager Atteberry reviewed the goals established by Council for development of an
e-mail policy. He outlined the options available in the development of a policy. He spoke briefly
of the types of communications that constitute appropriate use of e-mail, including"straw polls".
City Attorney Roy noted that the Council would be considering an ordinance at tonight's meeting
that, if approved, would clarify that the only electronic communication that would constitute a
meeting would be when several Council members are participating in a chat room environment
simultaneously. He stated he believes straw polls are pemtissible under the law,but it's a matter of
policy as to what the Council wants to allow. He reminded the Committee that this issue came up
at a retreat as a concern of Councilmember Tharp. He stated staff is seeking direction on whether
the Council wants to adopt a policy about the kinds of communications that are appropriate or
inappropriate. He noted that the other administrative components of an e-mail policy regarding
retention and storage of a-mails is being drafted by staff.
Mayor Pro Tem.Bertschy stated he is uncomfortable with allowing"straw polls",stating he believes
and expression of an opinion should be done publicly.
City Attorney Roy stated it is very helpful to staff to receive input from individual Councilmembers
. when drafting an ordinance or resolution.
Governance Committee -2- July 16, 2002
After further d iscussion, t he C ommittee d ecided i t w ould b e appropriate t o s eck i nput o n t he
development of an item for consideration in a public forum,but it would not be acceptable to test
the level of support for an item as drafted.
Councilmember Hamrick stated he believes the administrative portion of an e-mail is also important
to insure that the public has easy access to e-mail.
Assistant City Manager Atteberry continued his presentation by reviewing staff s recommendations
on the administration portion of an e-mail policy, including (1) easy access by the public; (2)
flexibility for Council members to retain messages; (3)automatic deletion of a-mails based on age
of message (60-90 days); (4) that when outside e-mail is used to conduct public business, the
individuals City Groupwise mailbox should be copied;and(5)providing individualized training for
each Council member based on his/her preferred method of retention; and(6)providing the e-mail
policy to the local media.
In response to questions, Mr. Atteberry stated this policy reduces the time commitment recently
required in addressing an open records request by reducing the number of e-mail messages in
individual mailboxes that need to be reviewed before release. If individual Council members have
retained messages in paper or other electronic format, each Council member will need to provide
those documents.
The Committee unanimously recommended that a policy be drafted that states that e-mail will be
kept in e-mail boxes for 90 days and then deleted, and that straw polls will not be conducted via e-
mail.
Council Committees
City Manager Fischbach stated Councilmember Hamrick requested that the Committee review the
duties and functions of the various Council committees and highlighted the materials provided in
the agenda regarding Council committees.
The Committee discussed whether the Resolutions creating the various committees were outdated
and whether new Resolutions were needed to generically reflect functions.
Councilmember Weitkunat suggested eliminating the Council committees because they no longer
serve the purpose for which they were intended,which was to relieve the entire Council of some of
the work load associated with researching and evaluating substantive issues. She stated the Ethics
Review Board is still necessary. She stated that external committee responsibilities, such as the
Platte River Power Authority Board should be continued.
Mayor Martinez stated Ms. Weitkunat has made valid points, and stated he agrees most of the
committees should be eliminated. He noted that special committees, such as the current
Transportation Funding Committee, can be created as needed.
Mayor Pro Tem. Bertschy stated he had come to the same conclusion about the committees some
time ago,because the committees are not accomplishing what they were originally intended to do.
Governance Committee -3- July 16, 2002
Councilmember Hamrick also agreed with Ms. Weitkunat's suggestion. He stated he liked the
model used for the Transportation Committee,because it was set up for a specific purpose/project.
The Committee discussed the need for the Legislative Review Committee and determined that it
should be retained.
The Committee unanimously supported the elimination of the internal committees, except for the
Ethics Review Board and the Legislative Review Committee.
Council Expenditures
Finance Director Krcmarik stated the Committee received in its packet information on expenditures
for the last quarter as well as year-to-date. He distributed additional information with more detail
on expenditures in May and June.
Mayor Pro Tern Bertschy stated the reason for Council getting this information is for the Council to
keep track of its budget. He stated he finds it difficult to determine from the information presented
where the budget actually stands. He asked if there would be a more "user-friendly"w ay of
presenting the information. He also asked what mechanism the Council will use to make a decisions
about expenditures to avoid overspending.
. Mr.Krcmarik and Deputy City Manager Jones explained how the Council budget is determined and
managed. Ms. Jones explained that the target budget for Council is split into line items based on
spending trends. She noted that $50,000 was added to the Council budget in 2002 to address
overspending in previous years.
Ms. Weitkunat suggested more explanatory information would be helpful to explain expenditures.
Due to the time constraints for this meeting,the Committee deferred further discussion until a later
date.
Travel Policies
The Committee reviewed the travel policy for general employees and agreed that the Council policy
should be similar to the employee policy.
Adjournment
The meeting adjourned at approximately 5:15 p.m.