04142010CouncilMinutes-SPECIAL WS
CITY OF AMMON
CITY COUNCIL MINUTES – SPECIAL WORK SESSION
WEDNESDAY, APRIL 14, 2010
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL AGENDA – SPECIAL WORK SESSION
WEDNESDAY, APRIL 14, 2010 – 5:30 P.M.
DISCUSSION ITEMS:
1.ICRMP Education – Mayor and Council – Jim McNall
MINUTES
City Officials Present:
Mayor Steve Fuhriman
Councilmember Dana Kirkham
Councilmember Lee Bean (left at 7:00 p.m.)
Councilmember Brian Powell (via phone 6:40 p.m.)
Councilmember Rex Thompson
Councilmember Sean Coletti
Councilmember Russell Slack
City Attorney Scott Hall
City Clerk Leslie Folsom
City Officials Absent:
None
Mayor Steve Fuhriman opened the meeting at 5:34 p.m. at the City Hall building located at 2135 South
Ammon Road.
DISCUSSION ITEMS:
1. ICRMP Education – Mayor and Council – Jim McNall*:
Jim McNall said when we are looking at
cities, cities are unique among government. Cities are the only form of local government that has a clear separation
of powers with the Mayor being the executive and the Council being the legislative. You don’t realize how lucky
you are to have that, because one of the most difficult things about local government is the confusion over trying to
have an elected governing board being executive.
Jim went over the following information with the Council and miscellaneous discussions ensued for
clarification:
5:50 p.m.
Councilmember Kirkham inquired about a City Manager form of government. This would enable the
City Manager to last through the terms and they can be removed if needed. Jim said they are there for the will of the
Council. Jim said there are three cities’ that do this McCall and Twin Falls are two of them. Jim stated the Council
would have to be changed to 5 or 7. There would still be a Mayor, but the Council would determine the Mayor.
Separation of Powers:
The Mayor is the Executive Branch.
Supervises City employees.
Presides over City Council meetings.
Ensures local laws are enforced.
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May call special Council meetings, require accounts/reports from officers, & carry out police
powers established by ordinance or state law.
May break tie votes of Council and veto ordinances (veto subject to majority Council override).
The Council is the Legislative Branch.
Passes local laws (ordinances) that must not conflict with state or federal law or constitution
provisions.
Approves annual budget & property tax levy.
Approves payment of City bills.
Receives reports & examines fiscal accounts.
Approval of appointed positions.
Role of the Council:
Adopt a personnel policy and keep updated.
Adopt other policies such as:
Use of City vehicles.
Purchasing – who, when, how much.
Computer usage to include internet and email.
Adopt the budget to include salary/wage rates for City positions.
Share concerns regarding employee performance or behavior with the Mayor.
5:54 p.m.
Jim said the Council’s power is collective power, not as individuals. He advised to not be complacent
with the payment of the bills and money to pay those bills. Jim said traditionally the crime hasn’t been committed
by the person who authorizes a purchase; it’s by someone down the line. Leslie stated that everyone needs to watch
the statements and require original receipts to balance to the statement.
Authority of Individual Councilmember’s:
The Council sets policy for the City and exercises its authority as a single body, operating in
public meetings preceded by notice.
Some Cities appoint Councilmembers to serve as liaisons to certain City departments to improve
communication.
An individual Councilmember has no authority to supervise, discipline or fire City employees.
5:57 p.m.
Council’s role is to manage employees through personnel policies including such things as whom, when
and how much for purchasing, use of City vehicles, and use of computers.
Council Committees:
Properly functioning committees help the Council gather information to make better decisions.
Committees need to comply with Open Meeting Law (meeting & agenda notice, minutes, etc.)
Committees should not attempt to supervise appointed officials or employees.
Councilmembers not on a committee should not defer their decision making authority to members
of the committee.
Three appointed officers are legally required for each City:
Clerk.
Treasurer.
Attorney.
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The City may designate additional appointed officers.
6:00 p.m.
Jim asked if appointments were for time certain. Some of the problems with this are if you have a term
and you are having difficulties you wait to let them go or their date ends and Council session isn’t until a later date.
He recommends not having a time certain and making them indefinite.
Removal of Appointed Officers:
Removal by the Mayor, which must be confirmed by a majority of the full Council.
Removal by the Council, which must be by unanimous vote of the full Council.
Responsibilities of the City Clerk:
Keeper of City records,
Master of elections,
Taker of minutes,
Issuer of licenses and permits, and
Pacifier of angry members of the community.
Responsibilities of the City Treasurer:
Custodian of City funds and oversees investments.
Monthly account of City finances to the Council.
Prepares quarterly financial report, which is published in the official newspaper.
Oversees and assists with financial audit.
Oversees and manages debt, including bonds and local improvement districts.
Responsibilities of the City Attorney:
Legal advisor to the City.
Represents City in court.
Often responsible for drafting ordinances.
Prosecutes violations of City ordinances, state traffic infractions and state misdemeanors
committed in City limits.
Other duties prescribed by ordinance or resolution.
Council Role in Fiscal Oversight: - The Council’s role in fiscal oversight is very important, and includes the
following elements:
Approval of bills.
Ensuring appropriate internal accounting controls.
Providing for the audit of City finances.
Reviewing the monthly Treasurer’s report.
Council Approval of Bills:
Idaho Code 50-1017 provides that “All claims against the City shall be approved by the City
Council prior to the payment of such claims…”
Idaho Code 50-1018 provides that “Upon approval of claims by the Council, payment may be
ordered by warrant or by electronic means, signed by or authorized by the Mayor and Clerk or by
check or by electronic means signed by or authorized by the Mayor and Treasurer. The order for
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their payment shall specify the particular fund or appropriation out of which they are payable, as
specified in the annual appropriation bill…”
Internal Controls:
Idaho Code 50-1017 provides that the City Council “shall establish and maintain an adequate and
reasonable system of internal accounting controls.”
Internal controls serve to provide reasonable assurance that City resources are protected and
include:
Segregation of duties among different individuals.
Documentation of financial transactions.
Restricting access to City resources.
Verification & reconciliation.
Managerial approval & authorization.
Expenditures Not to Exceed Appropriation: - Idaho Code 50-1006 provides:
“The Mayor and Council shall have no power to appropriate, issue or draw on the Treasurer for
money unless the same has been appropriated or ordered by ordinance, or the claim for the
payment of which such order or warrant is issued has been allowed according to the provisions of
sections 50-1001 through 50-1042, Idaho Code.”
“Neither the City Council nor any department or officer of the corporation shall add to the
corporation expenditures in any year anything over and above the amount provided in the annual
appropriation bill for the year, except as herein otherwise specially provided; and no expenditures
for any improvement to be paid shall exceed in any year the amount allocated for such
improvement in the annual appropriation bill…”
Understanding Meeting Basics:
The Mayor presides over Council meetings.
In the Mayor’s absence, the Council President serves as presiding officer.
When presiding the Council President retains his/her authority and responsibility as a
Councilmember to vote and be counted for quorum purposes, but does not have authority to break
tie votes of the Council.
Meeting Purpose:
To conduct the entity’s (Council’s) business.
Issues may be either:
Executive (may be limited for the Council)
Legislative
Quasi-judicial
“Spectator sport”
Gather needed (and wanted) input.
6:05 p.m.
Jim said Cities don’t have a lot of executive roles, but they do have legislative or quasi judicial. Quasi
Judicial is anytime you are making a decision about how the ordinances affect a situation or individual.
Councilmember Bean asked if these are issues outside of regular meetings. Jim said land use issues and annexation.
Councilmember Kirkham said if someone has land and they approach you to annex into the City and what
is the process, but do you cross the line if they say can you make sure I can get annexed into the City. Jim said you
will go too far when you say when you get annexed; I will make sure it is zoned this way. Councilmember Kirkham
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asked if they say they are going to build a certain type of development and they would like participation from the
City. We shouldn’t say we support or don’t. Jim said it has to be done in front of the Council. Councilmember
Kirkham asked if they know someone who owns a farm and I decide to approach him and say I have this great idea
for your land and I can help you get this done with my position, this would be highly inappropriate – correct? Jim
said yes this would be an issue. Scott said another example would be with the new sewer line and telling someone
to annex the land and we will get the sewer line to you. Councilmember Slack asked what you can talk about. Jim
said if you are talking about anything that requires a permit, then you have gone too far. If you are talking to a
resident who has a commercially zoned property and it’s an allowable use, you can discuss the things he can do
within this zone. Jim said if you are investing in a property, then you don’t participate in the discussion. If you get
too involved, for example, the chamber delegation who goes to entice someone to come here, then you shouldn’t
participate in it. Jim said to design your system, so that citizens don’t have to come to Council to get through this
part of the process. Scott said if you have to make a decision on zoning, site plan, use or permit, and you talk
outside the Council, then you have disqualified yourself. Councilmember Slack said that is hard with his position.
Scott said advise them that I can’t discuss this with you, because I will be making a final decision and if I discuss it
with you, then I will have to disqualify myself. I recommend you talk with Ron Folsom to get your information.
Councilmember Kirkham asked about the Mayor. Jim said it still applies, since he will be participating in
the process. Scott said he is a potential supreme judge and should not be talking with anyone. Councilmember
Kirkham asked if this is jail time. Jim said only if you say for a fee, then I can get…. What you are doing is
creating a liability for the City; if the decision is challenged, then you have to defend it. Councilmember Slack
asked if you have to recuse yourself, do you go sit in the audience. Scott said you just excuse yourself and don’t talk
to anyone. Jim said the Mayor is different, since he is conducting the meeting he would be considered to be
participating. He would have to give up his position to the Council President. Councilmember Coletti said there is
another issue where you have the potential of receiving some impact. An example would be where you own
property adjoining a proposal and its value would go up with an affirmative vote. Jim said it’s a disclosure issue.
There are some people who think a given proposal will increase neighboring property values and some who think it
will discount those values. It’s subjective. Scott said Randy Waite was an employee of the School District and he
always recused himself to avoid the issues that could arise if he voted.
Jim said the public is a spectator sport. If you invite the public to speak, then you need to treat everyone
the same. You should ask people to sign in. Councilmember Slack asked about limiting the time for comment. Jim
said you can limit the members of the audience, but the applicant is different and can have extended time.
Effective Meetings:
Organized
Purposeful
Respectful
Expectations understood
Participants
Public
Rules posted
Meeting Roles – Staff:
Prepare and disseminate information
Take minutes
Record
Answer questions
May provide regular reports on your area
Meeting Rules:
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Each speaker during the public comment period can be limited to a specific time such as 3 or 5
minutes.
The Council may not hear or take testimony outside of a Council meeting regarding any Planning
& Zoning matter that is before the City or is known to be a likely application.
Issues regarding the performance of City employees constitute matters that must be discussed only
in the executive session and are not appropriate in the public portion of the meeting.
Citizens may use this time to request that items be placed on future agendas for further discussion.
The Policy:
Formulation of Public Policy is Public Business and Shall Not Be Conducted in Secret {Idaho
Code § 67-2340}
6:18 p.m.
Jim said people who want to talk about Planning and Zoning issues cannot be heard outside of the
meeting.
The Rules:
All meetings of a Government Body shall be open to the Public (unless exception allows).
No decisions shall be made by secret ballot.
No meeting shall be held at any place where discrimination is practiced on the basis of race, creed,
color, sex, age or national origin. {Idaho Code § 67-2342}
Meeting Notices:
Regular Meetings:
Post notice 5 calendar days in advance
Publish annually (post continually)
Ordinance for Cities or Counties (still post)
Special / Executive Meetings:
24-hour notice
Include statutory authority for executive session-only meeting
Emergency Meetings:
Requires good faith effort to notify governing board members and media, if requested
Agendas:
An agenda is required for each meeting.
Posted with content identical to that in the meeting notice
Posted 48 hours (or 24 hours for “special” meeting)
Only “good faith” amendments
Motion and vote required for amendments made within 48 hours of, or during, the
meeting to include reason
6:20 p.m.
If citizens bring up something on your public comment area that will require a vote, then add it to the
next agenda. Occasionally you might need to open up the agenda, but this should be seldom. Councilmember
Kirkham said staff usually takes care of most of the issues. Leslie stated if Council has already made a
determination on an item she tries to advise the constituent, so that they are aware. Jim advised the Council they
don’t want to receive all the questions the clerk has to answer.
Jim said not only the elected board, but the advisory boards must comply with the open meeting laws. He
wanted Council to think on this and advised them to not create too many committees.
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Scott advised Jim since the Council almost always seems to have a legal issue; we list each applicable
statutory subsection that authorizes an executive session at the bottom of the agenda. Jim said this is not
uncommon, but urged that when it becomes seldom used, do not list it.
On emergency meetings you must make a good faith effort to notify the Council and the media, if they
have requested to be told. Jim said this is usually used for fire, floods and earthquakes. The clerk has to be at the
office, in case of an emergency.
6:28 p.m.
Councilmember Kirkham asked if you could call an emergency meeting if you have an
employee that you are the end of probation, and appointment, or the like, and tomorrow you need to fire them. Jim
said no, the Mayor fires them and it isn’t the Council’s business, unless it is an appointed position. The Mayor may
want to put the appointed positions on administrative leave until the Council has time to react.
Leslie asked if the clerk has to remain at the building when a major flood was about to happen. Jim said
you just notify the public that the meeting is taking place at a different location and state the location. A disaster
would trigger the implementation of this emergency meeting and in the meeting Council would declare a disaster.
This enables the City to do many things with a great deal of immunity. If you need to tear down a house to protect
the City, you can and you will be protected. Leslie asked if ICRMP covers this. Jim said no, the state and feds do.
6:32 p.m.
Jim said that agendas get created by the Clerk. Items come from statements in a former Council
meeting, by the Mayor’s or Council’s request, or by requests of the Clerk for items needed on the agenda for
Council’s review. Council feels our procedure is currently working.
Minutes:
(1) All minutes shall be available to the public within a reasonable time after the meeting, and
shall include at least the following information:
All members of the governing body present;
All motions, resolutions, orders, or ordinances and their disposition;
The results of all votes, and upon the request of a member, the vote of each member, by
name.
6:35 p.m.
Jim stated that the minutes need to state which members are present and the vote of the members
on the motions. This is not enough. The minutes are the history of your City, since the tapes will be gone in the
future and the written words will be what are left. Leslie stated she tries to put items on as to why the Council
reached their final decision. Jim said this is good. Councilmember Kirkham said that everything they have
discussed, that the Council wants, that it is all in the motion or it doesn’t count. Jim said if the Council says “I so
move”, then the Clerk has all the power to determine what Council meant. Leslie said this is why I ask for
clarification. Jim said it’s best to be as clear and precise, as possible. The details are very important. If it is really
detailed, you can adopt a general statement “we agree on the concept and authorize the staff and attorney to draft the
motion with the details”. Jim said his theory on minutes is that it’s not a right to get what individuals said in the
minutes.
Minutes – Executive Session:
Minutes pertaining to an executive session shall include a reference to the specific statutory
subsection authorizing the executive session and shall also provide sufficient detail to identify the
purpose and topic of the executive session, but shall not contain information sufficient to
compromise the purpose of going into executive session.
6:40 p.m.
Jim said with executive sessions you need to be specific as to the statutory subsection
authorizing the executive session including the purpose and topic that show why you will be adjourning into
executive session. There are no minutes of the executive session, just notation that you are going into executive
session, which is basically the purpose and topic. You will need to state who gets to be there, i.e. Council, attorney,
staff, etc. Litigation would always need the City attorney. Notes from the executive session are not public record.
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Jim said they would need to be kept in a separate area. Leslie asked if it would be appropriate to put it in Scott’s
confidential file. Jim said that would be good. It would be best not to take any notes.
Risk claims must have the risk manager present. Leslie told Jim that she is the risk manager.
Jim said it’s important to remember that executive items are confidential and they need to remain
confidential. Scott said it’s confidential for the rest of your life. Jim stated you can’t make final decisions in
executive session, but sometimes you arrive at a consensus, which is not a decision. Scott asked if you need to
terminate an individual, can you advise the Mayor or give the department head instructions to fire them. The
department heads would work with the Mayor to fire someone. Jim said if it was an appointed position, then you
would need to come out of executive session to perform the removal process in open session. Appointed positions
would be removed, not fired.
Sample Motion:
I move that we go into executive session pursuant to Idaho Code 67-2345(1)(a) to consider hiring
a public employee (officer, staff member or individual agent).
Tele – Meetings:
Now specifically allowed – I.C. § 67-2345(5)
One person must be present at the site where the meeting is advertised to take place
System must be set up so that all members can participate and the public can hear
Executive Session Rules:
May occur during regular or special meetings.
Require approval of two-thirds by roll call vote & recorded in the minutes.
Both the motion to go into executive session and the minutes must state the specific statutory
authorization for the executive session and the topic.
Most common uses: I.C. §67-2345
Personnel selection and evaluation (a) and (b)
Acquire interest in real property (c)
Consider records exempt from disclosure (d)
Discuss litigation – with your attorney (f)
Consider claims or potential claims – with your risk manager or insurer (j)
Executive Session Suggestions:
Give time frame to attendees and send a message if that time changes.
Remind all in executive session that all matters are confidential.
Executive Session who can attend:
All “Governing Board” members
Anyone else that Governing Board members wish to attend.
May have witnesses come and go as needed.
Executive Session: What to do with unexpected issues:
If it deals with personnel issues – STOP the discussion and move into executive session
NO executive session may be held for the purpose of taking any final action or making any final
decision.
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Executive Session:
Ways to get in trouble:
Going into executive session when you shouldn’t.
Not using executive session when you should.
Straying from the subject while in executive session.
Disclosing information to others.
Violations:
§
Failure to comply with the provisions of Idaho Code §67-2340 through 67-2346 renders
the action null and void.
Any member who participates in a meeting that violates these provisions will be subject
to a civil penalty.
Up to $50
Up to $500 for “knowingly” participating
Up to $500 if subsequent to a previous violation within the last 12 months.
Idaho Code §67-2347
6:50 p.m.
The biggest penalty is if you fail to obey the open meeting law, then any decision you make can
be determined to be null and void. This applies to all volunteer advisory boards, also.
If you discover the violation, then you can undo the decision, go back and redo it.
Councilmember Coletti asked about email discussions between Council. Jim said don’t do it. Email’s
should be directed to the City Clerk or attorney. They will send it to the staff who can respond to the entire Council.
Scott said to email to him and then he will send it via attorney/client privilege. Jim stated “reply to all” is never
your friend. There should be no emails on your personal computer – don’t mix and match. If you put an email on a
private account, then it’s now public. Scott put the City as his home page, which has helped him. Jim said when it’s
now public it won’t be you going through your computer, it will be someone else. Scott said it’s the same with
twitter, facebook, etc. Council decided to be sure to use their City email accounts. Scott said your cell phone is also
discoverable.
Councilmember Slack talked about a situation where he calls the engineer to discuss a project, but other
Councilmembers need to talk to him and they walk in while they are discovering the information. If it has a dollar
sign in front of it, then it is a big deal. Jim said a conversation between two people would be ok, but if you go out
and talk to another one, then you are in trouble. Jim said to do it in a work session with the engineer.
Councilmember Bean said you have a unique Council and it is a hands-on Council. Jim said the problem is when it
is presented to Council the public doesn’t get the benefit of the whole process. Jim said it’s best to have your
department heads come to Council and discuss it as a group. Councilmember Slack asked if a Councilmember gets
raw data, can they send the information to Leslie, who can forward it to the rest of the group. Jim said any staff
person can. Councilmember Bean said he knows the process and he had additional questions that could have been
answered with the engineer. Jim doesn’t want the Council to not get the information, but it’s important how you
share it with other Councilmembers. Staff can send it to Council, but not Council to Council. If you get an answer,
then all should get the answer. Councilmember Bean asked if it was deliberation, if it goes through the Clerk. Jim
said if you ask a question about what a cost will be, then there isn’t a problem. Scott said fact finding is ok, but it’s
when you go further than fact finding that you will get into trouble.
Curing Violations:
Either self-recognition or written notice of an alleged violation
If a violation – determine within 14 days and acknowledge the violation
Then 14 days to void that action or actions
A cure acts as a bar to the civil penalty
Types of Public Hearings:
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Legislative Hearings
Matters of general concern
Open-ended for comments
Quasi-judicial hearings
Deals with specific rights of individual
Due process is required
Notice and opportunity to be heard
7:06 p.m.
Jim said with legislative matters, which are policy or ordinances; you can solicit information
from staff or the public. However, when it’s Quasi-judicial you are wearing a robe. You have due process with
notice and opportunity to be heard. You can use three methods of knowledge: your life experiences, hearing
information and information in the record. This includes listening to the record of Planning and Zoning. Jim
recommends not going to the Planning and Zoning hearings. There is always someone unhappy that wants to talk
and have you say you are going to fix it. Councilmember Bean said doesn’t going to the meeting make you
prejudiced. Jim said he feels it does. Scott said think of yourself as a judge and you can taint yourself. Jim said if a
Supreme Court judge is familiar with the decision he steps down. Scott said the public hearing is held before
Planning and Zoning and Council can have another one, if needed. Councilmember Kirkham asked what if someone
calls you. Jim said don’t have the conversation, but if one still takes place, then you have to disclose the
conversation. Scott said you probably need to excuse yourself from the vote, unless you can believe you can make
the decision independent of the information. Jim said the developer will call or corner you and you need to say “If
you say what you are about to tell me, then I will have a conflict and cannot vote on the issue”. It will usually stop
the conversation. Scott said ultimately at the end of the day your opinion matters. Jim said you can be an advocate
or a decision maker, but you can’t be both.
Legislative Hearing:
Subject must be rough-prepared at time notice is published
Record should be built from date of publication
Comment can be received anytime – even after public hearing
Open format for hearing
“Closing” hearing doesn’t affect rights
Quasi-judicial Hearings:
Land use and licensing – primary topics
Due process is imperative
Comments should come during hearing – no ex parte contact
Create a record
Explain effective participation methods (to participants and other attendees)
Describe roles of participants
Notice Requirements:
Published notice
Mailed notice
Posted notice
Explain the rules of participation in the notice
Steps in Order:
Council Minutes 4-14-10 Page 10 of 14
Applicant presentation
Staff presentation
(Recommended order by AIC is listed above, however, the City of Ammon has always given the
staff presentation first, then the applicant presentation.)
Written correspondence
Testimony by supporters
Comments by neutrals
Present and Rebut Evidence:
Opponents speak
Rebuttal by Applicant:
Address only points raised by objectors.
No new evidence should be submitted.
If new evidence is presented, hearing should be reopened for limited response to rebut the new
evidence.
All comment should be directed through the chairperson.
Adoption of Hearing Procedures Idaho Code §67-6534:
Hearing procedures may be adopted by ordinance or resolution.
Must provide opportunity to present and rebut evidence.
Important to explain hearing procedures to participants. Desirable to include in notices.
Authorize exceptional procedures for exceptional time limitations, restrictions on submittals, etc.
Whitted v. Canyon County Board of Commissioners, 137 Idaho 118 (2002) Second rebuttal
opportunities not required.
7:14 p.m.
Jim asked Leslie how long she keeps the taped records. Leslie stated she holds the tapes three
years. Jim said minutes must be kept indefinitely.
Transcribable Record of Proceedings Idaho Code §67-6536:
Must be retained for six months after the final decision on the matter.
Must include all public hearings at which testimony or evidence was received or when any
affected person addresses the commission or governing board.
Deliberations must also be recorded.
Transcription must be provided at the requestor’s expense.
Minutes must be maintained indefinitely.
Quasi-Judicial Decision Requirements Idaho Code §67-6535:
Decisions must be based on standards and criteria in the comprehensive plan and ordinances.
Decision must be in writing accompanied by a written statement that explains criteria and
standards, facts relied upon and rationale.
Legislature directs courts to be practical in their review of decisions emphasizing fundamental
fairness and remedying only actual harms, not the mere possibility of harm.
ADA Verbiage for the bottom of Entity Open Meeting Agenda:
Council Minutes 4-14-10 Page 11 of 14
Any person needing special accommodations to participate in the above noticed meeting should
contact (the agency office) __ days prior to the meeting at __ - __ and address.
7:19 p.m.
Ethics basically is a private benefit of the individual and business is associated. Scott asked can
Ken hire someone from the Council to work to mow lawns. The answer is no.
Title 59-201 deals with elected officials who cannot be involved in any contract. Jim this means if you
own a business, you don’t get to be involved with the City. You can do it, if it is free. Councilmember Bean asked
what if you work for a bank and the City banks with your bank, but you didn’t do anything to secure the business - is
this a conflict? Jim asked what your status in the bank is. Jim said if it’s a remote interest, then you would probably
be ok. Jim said ask your attorney – the general answer is it’s a conflict if you are paid by a profit share. If you are a
manager and are paid by how much the bank makes, then you can’t. Jim gave examples of the Mayor owns Super 1
chain stores, one of them is located by City Hall and City staff buys products from them. The City will now have to
drive and cannot buy from this business. Councilmember Kirkham asked what about the businesses a distant family
owns. Jim said ask your attorney. Clearwater County owns a hospital and bought a building and converted it to
solicit a physician and his wife was appointed to the hospital board. The lease came up and the wife was still on the
board, his lease could not be redone while she was on the board.
Title 18 Chapter 13 states that no official may receive gifts over $50 or involving any substantial risk of
undermining official impartiality. Zero if it might undermine your impartiality. Council asked about blankets at
Hawks Landing and he said this isn’t a problem until they come before you again. Councilmember Coletti asked
about running for office. Jim said if that same person does this, then you have to disclose it on your financials, but it
is not a gift. Don’t go on educational trips compliments of different entities. Councilmember Bean asked if you pay
for it yourself, then it is ok or can the City can pay for it, but the company can’t pay for it. Jim said the Mayor of
Boise went to SLC on legitimate travel paid by a vendor – he lost his position and ended up in jail.
Councilmember Bean asked about City funds or property used for economic benefit without specific
authorization from the City. Does this mean photocopiers, etc? Jim said this means someone takes a backhoe home
to use.
Jim said to be careful not to get too tight with vehicles and every mile that it’s used. Personal mileage is
taxable.
No person related to the Council or Mayor can be hired. Leslie asked about summer help. Jim said a
family member can’t be involved in the hiring of a family member.
Councilmember Slack asked if the fire department can use the trucks, if they are holding fund raisers. Jim
said it is not a City liability issue, but an association liability issue when they are engaged in an association benefit,
and they aren’t covered by insurance. Jim said the worst issue is when they are cooking food and they give someone
food poisoning, they won’t be covered by the City and they failed to obtain their own coverage. Scott said the
question to ask is - are they in the course and scope of the business.
Councilmember Slack asked when Parks and Recreation is using the Schools’ property, whose insurance
pays first. Jim said it’s simpler when it is another public entity. The City will always be responsible for what the
City is responsible and the other public entity will be responsible for what they are responsible. Councilmember
Slack asked if he hyper-extended his knee who would be responsible. Jim said probably nobody, since there was no
liability. Jim said the City will be responsible for negligence. Councilmember Slack said he will be sure it is clear
that the money goes to the association, when applicable.
Jim went over the misuse of funds. Jim said he has never had a slimy employee embezzle.
Jim said first degree relatives are those who I have lived with or do live with.
Ethics:
Idaho Ethics in Government Act – Idaho Code Title 59, Chapter 7
What is a conflict of interest?
Any official action, decision or recommendation by a public official (elected, appointed
or staff), which would be to the private financial benefit of the individual or a member of
their household, or a business with which the person or a member of their household is
associated.
Council Minutes 4-14-10 Page 12 of 14
Prohibition on Contracts with Officers: Idaho Code 59-201:
“Members of the legislature, State, County, City, District and precinct officers must not
be interested in any contract made by them in their official capacity, or by any body or
board of which they are members.”
Bribery & Corrupt Influence Act – Idaho Code Title 18, Chapter 13:
Prohibited Acts
Bribery, Threats & Improper Influence
Compensation/Retaliation for Past Actions
Compensating Public Servants
Buying/Selling Political Endorsement or Influence
Using City funds or property for economic benefit without specific authorization from the
City.
Using or disclosing confidential information for economic benefit
Bribery & Corrupt Influence Act – Idaho Code Title 18, Chapter 13:
Nepotism
No person related to a Councilmember or hiring person by blood or marriage within the
nd
2 degree can be paid to work for a public agency.
nd
Relatives within the 2 degree include: Spouses, parents, siblings, children,
grandparents, grandchildren, cousins, aunts & uncles, nieces & nephews.
Nepotism
A person currently employed when a relative is elected retains their position and
continues receiving cost of living increases, bonuses and promotions.
Penalties for Violation:
Any public servant violating the Bribery & Corrupt Influence Act is guilty of a
misdemeanor and may be punished by a fine up to $1,000 and incarceration in the County
jail for up to 1 year, or both.
18-5702- The Penalty:
Up to $1,000 fine and 1 year in jail
Less than $300 taken or misused
Not in “charge” of the money
Up to $5,000 fine and 5 years in jail
Less than $300 taken or misused
Charged with safekeeping funds
Up to $10,000 fine and 1 – 14 years in jail
Any public officer or employee taking or misusing funds over $300 guilty of a felony
§
Planning & Zoning Conflicts of Interest – Idaho Code 67-6506
Strict prohibition on participation by Mayor or Councilmember, P&Z Commissioners or
staff when the individual, their employer, business partner or associate, or any relative
nd
within the 2 degree has an economic interest in the action or proceeding.
Any actual or potential conflict of interest on a P&Z matter must be disclosed at a
meeting on the record before the proceedings begin.
The decision whether to participate is made by the individual with the assistance of the
City attorney.
Violation is a misdemeanor punishable by a fine of up to $1,000, 6 months imprisonment
or both.
Information:
Open meetings
http://www2.state.id.us/ag/manuals/openmeeting/pdf
Public records
http://ww2.state.id.us/ag/manuals/publicrecords/pdf
Council Minutes 4-14-10 Page 13 of 14
Ethics/Conflicts of Interest
http://www2.state.id.us/ag/manueals/ethicsingovernment.pdf
Councilmember Kirkham motioned to adjourn. Councilmember Slack seconded. Roll Call Vote:
Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Coletti – Yes, Councilmember
Powell – Yes, and Councilmember Thompson – Yes. The motion passed.
The meeting adjourned at 7:55 p.m.
_____________________________________
Steve Fuhriman, Mayor
__________________________________
Leslie Folsom, City Clerk
Council Minutes 4-14-10 Page 14 of 14