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2002, 12-07 Special Meeting Minutes City of Spokane Valley Seminar Agenda • 7:00 AM, 1:00 PM Dec. 7, 2002 7:OOAM Call to Order and Welcome Mayor Mike DcVleming Seminar OvervieVv Stan Local Government Realities All of them fences! • Stan . • Council/Manager Government Understanding the system Stan Schwartz & Greg 9:00 .Break 9:15 Building an Effective team .Policy makers are the key! Stan Working as an Effective team The do's and don is of"Best Practices" Stan The "Out of J3ody" Experience Twilight Zone anyone? Stan The Governance Coordination Manual Documentin, Success/ Stan 11 :00 Break Budgeting Basics The oundation fo ood policy Greg Final Sage Advice Avoiding the pit.falls Lee and Stan - 1 :00PM Adjournment Mayor Mike DeVleming • j goat an Page 2 • • Introduction Congratulations to each recently elected City Councilmember of Spokane Valley! You have chosen to accept the challenge of serving your community in a way that requires hard work, sacrifices of personal time and usually results in little recognition or appreciation by the citizens you serve. Making good corporate decisions is far more complex than most neophytes could ever. imagine. The testimonies of experienced Councilmembers in other cities will verify that there is a steep learning curve for a newly elected official who wants to be most effective while doing things right! The entire first year. (or more) can be somewhat bewildering unless the new official seeks and is afforded accelerated education. You must first know and honor the fixed rules of local government and the fixed organizational mechanics to be effective in guiding your City's future. Providing knowledgeable and stable policy leadership is critical if your professional staff is to get the city operating effectively and efficiently and keep it that way. Today's seminar is designed to be a 'jump start" for the new Councilmembers of Washington's newest city. We have included many valuable study articles and references, which will help lead you to an even more complete understanding of the job you have accepted on behalf of your citizens. Seminar Preparation ♦ Prepared a general outline with study materials. • ♦ Customized the presentation with background understanding by Stan McNutt from several years' observation of Spokane Valley incorporation efforts and familiarity with the Spokane Valley area. ♦ Conducted private interviews/personal conferences with City of Spokane Valley Councilmembers for input, concerns, briefing about seminar etc. ♦ Conducted planning conference with City attorney. ♦ Consulted with interim incorporation team for their input. C • Prothman C O M P A N Y City of Spokane Valley r LOCAL GOVERNMENT REALITIES • "No City Can Function Better Than Its Corporate Leadership Creates or Allows" • Required Concept- "Hearts in the Right Place"(It's a thankless job!) ♦ The Elected Official's ONLY Authority is CORPORATE and is Manifested Through the Rule of Law • There Are More "Can't dos"than "Can dos"(or"don't fence me in!") The USA Constitution--Bill of Rights--Federal Law--Criminal Law--Civil Law--State Law (RCW)-- State Budgetary Law--State Regulations (WAC)--Labor Law--Court Doctrines-- Case Histories--Liabilities--Ordinances--Resolutions--Our own Rules--Contracts-- Aercements--(etc.etc. ad nauseurn!) • Q. Then, how do we do anything? A. By learning the rules and following them! "The elected or appointed Official who fails to learn and follow the rules or attempts to make up new rules to fit a personal agenda, outside of the Corporate process, is destined to feel frustrated, unhappy, and may be rejected by peers, the Corporate body or by voters" • Know Your Proper Role---Respecting others in their roles produces earned trust What is Left (within the fences?) is Your Discretionaiy Authority! COUNCIL/MANAGER GOVERNMENT - RCW 35A-13 ♦ The municipal corporation, its form and function. RCW 35A.13 -Attachment I • Council organization and selection of Mayor • Corporate Authority vs. Individual Authority • Duties and Compensation ♦ City Manager-Qualifications RCW 35A.13.050 • City Manager Powers and Duties RCW 35A.13.080 • Creation of Departments, Offices, and Employment Compensation RCW 35A.13.090 ♦ City Manager--Department Heads—Authority RCW 35A.13.100 ♦ City Manager-Appointment of Subordinates-Qualifications-Terms ROW 35A.13.120 Prothma ANY Page 3 City of Spokane Valley • City Manager-Interference by Council Members RCW 35A.120 • Code Cities ♦ Public Officers and Agencies RCW 42 ♦ Public Disclosure ROW 42.17 • Misconduct of Public Officers RCW 42.20 • Code of Ethics for Municipal Officers RCW 42.23 • Open Public Meetings Act ROW 42.30 • Appearance of Fairness Doctrine RCW 42.36 ♦ Whistle Blowers • R.CW 42.41 ♦ Separation of Powers • MRSC/AWC- Council Handbook ne.21 /. • Council and City Employees 1� RCW 35A.13.120 • Favoritism and Liability • Liability Protection Limited to "Scope of Duties" • Public Works Bidding Process/Contracts and Indebtedness • Purchase of Property • Executive Policies and Directives Written or verbal instructions of the City Manager to subordinates or others within the scope of duties and responsibilities • Departmental operations, method records • Budget,control of expenditures • Executing Council Policy • Communications,reporting,press access • Personnel and general management PPraothman Page 4 City of Spokane Valley BUILDING AN EFFECTIVE TEAM ♦ Knowing Your Roles - respecting the system Knowing your roles, lvI SC -Attachment 2 So you're the new Councilmember, vffiSC-Attachment 3 ♦ Knowing the Organizational Mechanics-Who does what? Roles and responsibilities-Prothrnan Company -Attachment 4 • City Managers- Who are they? ICMA City Manager's Code of Ethics-Attachment 5 • City Attorneys-An important relationship that.protects all AWC/MRSC-Handbook for Councilmembers page 12 WORKING AS AN EFFECTIVE TEAM "Do's, Don'ts"and the principle of"Best Practices" ♦ Practical Advice -MRSC handbook ♦ Understanding Your Colleagues • Individuals have individual attributes, goals and personalities. • Council exercise in really listening to each other! • Around The Table - 3 Questions (all quiet but the facilitator) • How to Share Opinions or Expertise Without "STEPPING ON TOES"! • Whose decision will it be? • Establish clear understanding and respect for the rightful authority. .• Establish that you only want to share your perspective for consideration. • Be detached from negativism after the decision is made ME "OUT OF BODY" EXPERIENCE! The ability to visualize one's assessment of the Corporate Board, its actions and personality, as an entity detached from the individual. "THE COUNCIL DID "THE COUNCIL DECIDED TO .'." "I SUPPORT COUNCIL'S CORPORATE DECISION TO 1" It is possible (and necessary) to hold a detached or supporting view of Council's corporate actions after a decision is made. The procedural reconsideration rule is the only appropriate option for persons on the losing side of a final vote. Poothnan p page 5 City of Spokane Valley dam. You can be YOURSELF and still be a TEAM PLAYER! • 1.0 Habits of Highly Effective Councils Carl H.Neu Jr. (reprinted by permission 7-1-98) -Attachment 6 • BEST PRACTICES - In harmony with the legal "fences" Cities and Counties have been in the public service business for over 200 years! Not much is REALLY NEW! Experienced elected officials and professional administrators always share their most successful practices with their peers. There is seldom a need to "re-invent the wheel! A "best practice" dialogue of how we do business should be a part of any major debate or review! The "Governance Coordination Manual" A generation beyond basic "rules" ♦ Council Rules Of Procedure - The first key to effective Legislative and organizational harmony Guides the conduct of meetings and Council/Staff/Public relationships ♦ A Look back from the ballot box of failed (in the public perception) local governments. Common denominators &public perception • Disfunctional Council or gridlock from turf battles rI • Public feels the Council is out of touch with the community • Don't feel welcome in City Hall or at Council meetings • Unresponsive City services or poor attitude from employees • Lack of follow up on complaints • No live voice on the telephone • Perception of"No one is minding the store" (not enough supervision by City Manager or Council) ♦ The Doctrine of"NO SURPRISES" NOBODY likes surprises (including staff too!,) • The Principle of the "THREE TOUCH RULE" (Not always possible for a new incorporation) • Facilitates the Doctrine of"No Surprises" • An extreme "best practice"needed with an old city with a problem in this area. • It's purpose is to keep Council, Staff and the Public informed of future issues' ♦ Reviewing the "POLICY PATH" for Every Issue or Act Every action of the municipality can be traced to some kind of"policy" which authorizes it. When in doubt, checking out the "Policy Path"can save a lot of headaches. Croothman Page 6 City of Spokane Valley BUDGETING BASICS • Budget Process and the Budget Cycle City Manager is statutorily responsible for developing and presenting Council with a balanced budget ♦ State Law Requirements: Fiduciary Responsibility (those darn 'fences"again!) • Mandatory financial structures and limitations • Budget authority-Who really makes the decisions? • Revenue vs. expenditures-State Law forbids an imbalance ♦ Hiring New Employees. Who decides? ♦ City Manager Expenditure Authority ♦ Where Do Contracts Fit in to the Budget Process and Who Signs Them • Taxes Limitations, Initiatives and Referendums * INAL SAGE ADVICE The dos and don'ts of Council "Best Practices" for a fulfilling service 9� Do's Don'ts Be open about your questions or concerns. Hesitate to as there are no "dumb questions. Take it slow at first rely on the experienced Waste Council's time by questioning Councilmembers for procedural leadership. everythin.g being done unless you are truly knowledgeable. Respect Policy vs. Administration. Disrupt effectiveness with (your) new rules. Study Council Rules of Procedure. Totally rely on memory or other members. Have fun in the job! Take yourselves too seriously! Disclose conflicts of interest. Risk controversy, criticism, or lawsuits. Call the Mayor or Manager with agenda or Spring "surprises" on Council or the Manager serious questions. or staff in open session. Keep an open mind until facts are complete. Jump to conclusions.(destroys credibility) P Prothman Page City of Spokane Valley Do's DON'TS Recommend a funding source for new Practice "fiduciary brinkmanship". expenditures or employments. Respect the required confidentially of executive Divulge confidential information. It may Result in sessions conversations and issues. improper conduct or liability. Keep your perspective,pace yourself. Take on too much too soon! Be cordial with City employees; ask information Risk violation of State Law prohibiting direct questions thru the Manager when possible. dealing with City employees. Develop a "thick skin". (the public you serve can Let stress get out of hand or your personal life Sometimes be merciless) suffer. Remember you are 1/7`"of the elected board Deny equal access to information or the process by your colleagues. Keep "arm's length" in labor negotiations Practice "end runs" on the Council by improperly participating only as the"Council of the whole." divulging information to Unions or employees. Be yourself, vigorously debate the issues. Support Show disrespect for those with different views and the Council's decisions.(out of body?) make personal attacks. t.� Ask the City Manager for necessary staff to support Direct his/her staff assignments or require Dept. for Council Committees and projects. heads attendance. Relay complaints incidentally received from Become a "lightning rod" for complaints. Follow Citizens to the City Manager. the.complaint process. Treat everyone equally. Make offers of, or solicit, special treatment. Trust the Manager to make good appointments. Interfere in hiring or disciplinary matters within the City Staff. (RCW 35A.13.120 Bring all emerging issues and information to the Carry on City business in the parking lot with a full Council. special few Expect your Manager to keep you adequately Expect to "micro manage" the Manager by informed as a Councilmember and provide the requiring volumes of unnecessary reports of minor same information and reports to every administrative detail Councilmember. Be sure to represent your opinions or ideas as your Misrepresent the Council (corporate) position on own unless Council has indicated CORPORATE issues or ideas when Council has not Clearly taken concurrence, a position Prothrnan COMPANY Page • City of Spokane Valley RESOURCES AND ADDITIONAL INFORMATION ♦ Printed information, resource assistance Association of Washington Cities(AWC) Attachment 7 ♦ Municipal Research and Services Center (MRSC) Attachment 8 Extensive resource library and inter-net access to most cities public documents. Direct legal opinions(upon request through the City Attorney)and Public Policy assistance ♦ "Understanding the Mayor's Office in CounciUManager Cities" ICMA Public Management Magazine excerpt-Attachment 9 • ♦ "Communications and Trust" Public Management Magazine Jan. 1999-Attachment 10 ♦ "Local Government: A New Working Order" Carl hi. Neu Jr (by permission of author) -Attachment 11 ♦ The Council-Manager Form of Government International City/County Management Association -Attachment 12 ♦ A Bakers Dozen Good Ways to Wreck Your Cities Public Image League of Oregon Cities,1991 -Attachment 13 C PProthman C O .%l P A N Y Page9