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2010, 04-20 Study SessionAGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT 6:00 p.m. Tuesday, April 20, 2010 CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue, First Floor (Please Silence Your Cell Phones During the Meeting) DISCUSSION LEADER SUBJECT /ACTIVITY GOAL 1. Deputy Mayor Schimmels/ Solid Waste Advisory Committee Discussion / Infonmation Bill Wedlake, Regional Solid (SWAG) Waste Coordinator, Spokane Co./ Kim Traver, SWAC Chair 2. Kathy McClung Code Enforcement Update Discussion /Information 3. Kathy McClung Subarea Plan (Sprague /Appleway Discussion /Information Revitalization Plan) Schedule 4. John Whitehead City Manager Recruitment Discussion /Information 5. Cary Driskell Open Public Meetings Act Discussion /Information 6. Mayor Towey Council Procedures: Meeting Times Discussion /Information Meals, etc. 7. Mayor Towey Advance Agenda Discussion/Information 8. Information Only (will not be discussed or reported): 2010 Budget 9. Mayor Towey Council Check in Discussion /Information 10. Mike Jackson City Manager Comments 11. Executive Session Pending Litigation [RCW 42.3 0.110(1)] ADJOURN Discussion/Infonnation Note: Unless otherwise noted above, there will be no public comments at Council Study Sessions. However, Council always reserves the right to request information from the public and staff as appropriate. During meetings held by the City of Spokane Valley Council, the Council reserves the right to take "action" on any item listed or subsequently added to the agenda. The term "action" means to deliberate, discuss, review, consider, evaluate, or make a collective positive or negative decision. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments, please contact the City Clerk at (509) 921 -1000 as soon as possible so that arrangements may be made. Study Session Format Agenda April 6, 2010 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 20, 1020 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Solid Waste Advisory Committee (SWAC) Discussion GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Deputy Mayor Schimmels, Regional Solid Waste Coordinator Bill Wedlake, and SWAC Chair Kim Traver will lead discussion on the Solid Waste Advisory Committee. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS: L�) L r I r May 2009 Discussions of the Solid Waste Advisory Committee Existing System Restructured Liaison Board Spokane County BoCC Disposal District under Spokane BoCC Independent Regional Board Non - Profit Corporation Already in Place No Legislation Req'd Existing Resources No Cost to Change Cons: Uneven Representation Lack of Regional Perspective No Dispute Resolution Liaison Board Authority Unclear Lines Potential Interest Conflict of has no Real of Authority Inconsistent with State Assigned Roles / Responsibilities Pros: k, I I 4 OJ 0 Cons: 11 Pros: Could be Restructured with Real Authority Least Change from Existing " "A Step in the Right Direction" May be more Easily Done Least Change from Existing System, i.e. not Far Enough Questionable Fiscal Authority Unclear Asset Allocation Questionable Efficiency Gain May Require Legislation for Regional Representation Pros: Authority Exists; i.e. No Legislation Required Regional Representation r"W Cons: Unclear Asset Allocation Board Structure too Few Un- weighted Representation Pros: Legislative Authority Already Exists Can be Structured for Regional Representation Can be Structured with a Governing Boa rd Taxing Authority for use if Necessary Existing Model that is Regionally Accepted Cons: Another Taxing Authority Potential to Reward Waste if Operated on Taxes vs Fees Potential to Discourage Competition May not Fairly Distribute Revenues May be Overly Restrictive to Municipalities May Require Legislation if Separate Governing Body Regional Representation Increased Accountability Opportunity for Direct Election to Board Opportunity to Change Flow Control Ability to Address Environmental Concerns Cons: Initial Asset Allocation Unclear STA Model Adds More Responsibility to Elected Officials Lose Ability /Collateral to Support System via City Rate Payers Legislation Needed for Taxing or Bonding Authority Pros: .4 O w Pros: Increase Potential Access to Alternative Funding Sources Regional Representation Successful Models Currently Exist, Primarily Water Districts Existing Authority to Form under Inter - Local Agreement Act Cons: Least Familiar Model, Requires Additional Study May Also serve to Restrict Funding Depending on Structure Requires Further Analysis Existing System Restructured Liaison Board Spokane County BoCC Disposal District under Spokane BoCC Independent Regional Board Non - Profit Corporation \�l A " L System provide resources and access to legal expertise for further review of potential benefits and drawbacks to recommended structures Liaison Board take leadership role over further analysis of the regional governance issue Solid Waste Advisory Committee continue to serve as a working group, under the direction of the Liaison Board, to further refine and analyze options in it I I "Strongly recommend a restructured system that is proportional to overall region" "Continue to work with the Liaison Board to bring added resources and perspectives to the task" "Pursue implementation as soon as possible but no later than 2011 " r�t\ �71 L��_ LE L\� L:) -)�� Co ml �C 173- 304 -011 The overall purpose of local comprehensive solid waste planning is to determine the nature and extent of the various solid waste categories and to establish management concepts for their handling, utilization, and disposal consistent with the priorities established in RCW 70.95.010 for waste reduction, waste recycling, energy recovery and incineration, and landfill. Each county within the state, in cooperation with the various cities located within such county, shall prepare a coordinated, comprehensive solid waste management plan. Such plan may cover two or more "' counties. >tablished by RCW 70.95.165 Assist in development of programs and policies concerning solid waste handling and disposal and to review and comment upon proposed rules, policies, or ordinances prior to their adoption. A county or city shall not apply for funds from the state and local improvements revolving account (1980 bond issuance for waste disposal facilities) for the preparation, update, or major amendment of a comprehensive waste management plan unless the plan or revision has been prepared with the active assistance and participation of a local SWAC. Z 9 Spokane County Ordinance No. 85 0427 *0 M I % Review and comment on proposed rules, policies, or ordinances prior to their consideration by the Liaison Board, Board of County Commissioners, or the City Council Hold workshops, special meetings, interviews with experts, etc. in order to ... assure recommendations are valid and Assist and advise City of Spokane and Spokane County accurate. Members are appointed by the Spokane County Commissioners Representing a balance of interests, i.e. citizens, public interest groups, business, waste management industry, and elected officials. Z _ Spokane County Ordinance No. 85 0427 M , I % Composed of at least 9 members... serve without compensation ... actual expenses may be reimbursed by action of the Liaison Board Appointments announced to the Liaison Board and also reported to the Chair of the SWAC in a timely manner. Recommendations to the City Council and County Commissioners shall first be presented to the Liaison Board prior to presentation to the full bodies. Amendments of the by -laws that are potentially controversial in nature shall be presented to the Liaison Board before taking effect. zM Spokane County Resolution - Membership Currently B. Mager, G. Schimmels, and R. Rush T. Flanagan, C. Davis, and vacant D. Alvarado, K. Gimpel, and B. Evans C. Hasse, T. Spink, and vacant KC Traver, S. Pachernegg, and M. Jones nterlocal Agreement, Signed April 1989 Create a forum for discussion among the City, County, and Regional Cities concerning ""The Facility', i.e. WTE Plant " w Create a body to whom information concerning the facility can be provided The Policv Liaison Board shall have no indeaendent decision making authority Upon reaching the acceptance date in the construction contract, the City may reorganize the management of " the project as deemed necessary for efficient operation I % ZN P. Regional Partners i1. � 9 Combine SWAC with Liaison Board Eliminates redundancy of meetings for many, i.e. system staff, SWAC membership, and appointed elected officials Simplifies lines of communication / responsibility Considered a positive step toward regionalized management Amend the interlocal agreement regarding Liaison Board Revise County Resolution regarding SWAC membership Appointment of new SWAC membership by BoCC Z 9 County City Regional Partners County City Regional Partners Regional Solid Waste Governance SWAC System Staff IL LI I .. Douglas County; Ron Dragoo, 17 Nov 09 -Broad Representation -- Recommended by S WAC -- Appointed by County -- 2 -Year Terms -- Agriculture -- Environmental -- Business -- Special Wastes - Mayors of all Cities -- Automatic Appointment -- Duration is Term of Office -- Operating Budgets -- Capital Expenses -- Procedural Matters -- Fees, Costs, etc. * SWAC and Governance is combined into a single regional structure - Press normally attends the quarterly meetings; adds "accountability factor" Issues Assignment to Specific "Chair" by Topic Topic Chair Forms Adhoc Committee Committee Proposes Solution Recommend.9tionc Topic Chair Brings Solution Back to Full Board y w Board Votes to Adopt / Reject Proposed Solution System Staff / Operators Implement •All Votes are Equally Weighted - Rationale: All Costs are Equal on Per Capita Basis - Active Structure Since 1993; Evolve out of Regional "Dispute" - System Director Reports to the Combined Governance Board -- System Staff is Funded from Per Capita Fee Structure -- System is Completely Privatized, Except for System Staff Z® CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 20, 2010 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Code Compliance Program GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND: The Code Compliance Officers have been asked to provide information to council about the code compliance program. RECOMMENDED ACTION OR MOTION Information only. BUDGET /FINANCIAL IMPACTS: N/A STAFF CONTACT: Kathy McClung, Community Development Director ATTACHMENTS: Power Point presentation Department of Community Development Building Division Code Compliance Update Overview Largely complaint driven based on health and safety violations Pro - active signage effort Enforce other City department and outside agencies complaints Statistics Seasonal trends Chronic problem residences Status Snapshot — Total Violations Code Violation Totals 120 Too :. We 4 20 0 Tnn APh Mnr Anr Mn Tim T„1 i z Aiia -2010 62 97 76 0 0 0 0 0 0 0 0 0 2009 � ° °y� 33 3 97 94 111 50 89 98 51 61 22 98 Status Snapshot- Violations by Type 100% 2010 Code Total Violations Reported - by Category 80% 60% 40% 20% - 0 0 /o Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec s Clear View Triangle 2 0 7 Complaint - No Violation 3 2 3 10 19 14 ■Environmental 0 0 1 16 19 20 Junk Auto Signs 15 31 5 Solid Waste 16 26 26 10 19 14 Property 16 19 20 Signs 15 31 5 Solid Waste 16 26 26 Mobility Efficiency through technology Redundant system Inter - divisional communication through PLUS Process Both are our customer - complainant and alleged violator Complaint receipt Field verification with respect to property rights Processing Warning, voluntary compliance is the goal Notice and Order, Stop Work, Postings Voluntary Compliance Agreement Appeal Process and the Hearing Examiner Civil Monetary Fines Types of Complaints &Violations Solid Waste Junk Auto Right of Way Critical Areas Animal (large) Property Use Clear -view Sight Triangle Air Pollution Illegal Dumping Grading Illegal Business Dangerous Building Noise Before 1`iT k Aw 0 _ "■i 5, "'� wis �� y. Before After Before After Before After Before Before After I Before After Before After It a . i Before After Before After Before 1`iT W a. u of. Before After Judicial Abatement Spokane County Superior Court Budget driven Before and after. Hasse Abatement Before Hasse Abatement After Hasse Abatement Before Hasse Abatement After 216 N Skipworth Before Abatement 216 N Skipworth After Abatement Sp6JZ5ne jUalley Department of Community Development Building Division Code Compliance Update Questions? CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 20, 2010 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Sprague and Appleway Subarea Plan Revisited (SARP) GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: The Council has requested that the Sprague /Appleway Sub -area Plan be revisited zone by zone with property owners involved in the process. The attached plan is a tentative schedule and process for the council to consider. OPTIONS: The attached plan involves reviewing the sub -area plan zone by zone with the council, followed by a property owner /public meeting. The comments will return to the council with recommendations for code changes or comprehensive plan amendments. The code changes will proceed through the planning commission process and the comprehensive plan amendments will be held for the 2011 Comprehensive plan Update. RECOMMENDED ACTION OR MOTION: Council discretion BUDGET /FINANCIAL IMPACTS: The project will use existing staff, however this is a significant project which will likely require other projects be placed on hold. STAFF CONTACT: Kathy McClung, Community Development Director ATTACHMENTS Report "Subarea Presentation Plan 2010" Subarea Plan Presentations 2010 With tentative schedule The Council has requested that the Sprague - Appleway Subarea Plan be revisited with a public process that involves the property owners. Below you will find a schedule that provides a foundation of information, an introduction to each zone one -by —one with a special meeting for property owners in that zone, a report back to the council on what was heard at the property owner meeting with recommendations. Some of the recommendations will continue to the Planning Commission for code changes and some will be held up until the Comprehensive Plan Update in 2011. This schedule is aggressive and will require the involvement of several staff. The proposed schedule takes us out to mid - October with a "mid course check in" with the council in July. In order to keep the process running smoothly, we will be concluding comments with the council on one zone while the notices for the next zone have already been published. The end result is a minimum of 17 meetings with the city council and public which does not include additional meetings with planning commission or future comprehensive plan meetings. The department will treat this project as a top priority which will result in some delay to the pedestrian /bike plan and the shoreline master program and will impact the developer forum work program to some extent. It will not impact development review which we consider an equally important priority. A. Background information - 1. Economic analysis- City Council meeting - Presenter— Greg McCormick a. Council Meeting May 4, Materials provided — (Due April 27) i. Eco Northwest study ii. Letter of opinion to update info if we can get one in time iii. Staff Report iv. Power Point presentation b. Public Notice — general meeting notice April 27, Website and press releases 2. Nonconforming Uses & Sites - Presenters Kathy McClung, Mike Connelly. (note- specific information on sites will not be presented until zone specific discussions ) a. Council Meeting May 11 Materials provided- (due May 4) i. parts of SARP and SVMC related to nonconforming ii. staff report iii. Power Point presentation b. Opinions by bankers, appraisers, insurance professionals c. Public notice- May 4 general meeting notice, update on Website 3. A General Layout of the Plan /Where to find things - Presenter — Kathy McClung a. Council Meeting May 11 Materials provided- (due May 4, 2010) i. RCA Page 1 of 3 B. Community Meetings 1. Zone Discussion /Gateway Commercial & Gateway Avenue — Presenter Lori Barlow a. Council Meeting May 18 Materials provided- (due May 11, 2010) i. Staff report ii. Power Point presentation iii. map of parcels identifying nonconforming uses iv. List of uses permitted in GC, GA, prior zoning and 2007 b. Public Notice- general meeting, website, plus all property owners in Gateway Center and Gateway Commercial including invitation to specialized meeting on May 20. (due May 10) c. Public Meeting Gateway Center & Gateway Avenue May 20- 8 -10 am d. Report back to City Council on June 8 Materials provided -(due May 30) i. Comments from May 20 meeting with recommendations for code amendments and comprehensive plan issues Recommendations for code amendments to the Gateway Center and Gateway Commercial zones from this city council meeting will be taken to the Planning Commission by other planning staff with Lori's oversight. The process will be a State Environmental Policy Act review, staff report, planning commissions study session, planning commission hearing and three touches by the city council. 2. Zone Discussion /City Center City Council Meeting June 15 - Presenter Scott Kuhta a. Council meeting June 15 Materials provided- (due June 8, 2010) i. Staff report ii. Power Point presentation iii. Map of parcels identifying nonconforming uses iv. List of uses permitted in CC, prior zoning and 2007 b. Public Notice- general meeting, website, plus all property owners in Neighborhood Center including invitation to specialized meeting on June 17. (due June 7) c. Public Meeting City Center June 17- 8 -10 am i. Comments from June 17 meeting with recommendations for code amendments and comprehensive plan issues Recommendations for code amendments to the Neighborhood Commercial zone from this city council meeting will be taken to the Planning Commission by other planning staff with Scott's oversight. The process will be a State Environmental Policy Act review, staff report, planning commissions study session, planning commission hearing and three touches by the city council. 3. Mid - course correction- Check in with council July 13 - Presenter Kathy McClung 4. Zone Discussion /Neighborhood Centers— Presenter Scott Kuhta a. City Council Meeting July 20 Materials provided- (due July 12, 2010) i. Staff report ii. Power Point presentation iii. Map of parcels identifying nonconforming uses iv. List of uses permitted in NC, prior zoning and 2007 b. Public Notice- general meeting, website, plus all property owners in NC including invitation to specialized meeting on July 22. (due July 12) c. Public Meeting July 22 NC properties north of Sprague d. Report back to City Council on August 10 Materials provided -due August 2 Page 2 of 3 Comments from July 22 meetings with recommendations for code amendments and comprehensive plan issues Recommendations for code amendments to the Neighborhood Commercial zone from this city council meeting will be taken to the Planning Commission by other planning staff with oversight by Scott Kuhta. The process will be a State Environmental Policy Act review, staff report, planning commissions study session, planning commission hearing and three touches by the city council. 5. Zone Discussion —Mixed Use Avenue (MUA)— Presenter Mike Basinger a. City Council Meeting August 1 7 Materials provided- (due August 9, 2010) i. Staff report ii. Power Point presentation iii. Map of parcels identifying nonconforming uses iv. List of uses permitted in City Center, prior zoning and 2007 b. Public Notice- general meeting, website, plus all property owners in City Center including invitation to specialized meetings on August 19 & 26. (due August 9 ) c. Public Meeting August 19 (MUA) property owners north of Sprague d. Public Meeting August 26 property owners south of Sprague e. Report back to City Council on September 14 Materials provided -(due September 7) i. Comments from August 19 & 26 meetings with recommendations for code amendments and comprehensive plan issues Recommendations for code amendments to the City Center from this city council meeting will be taken to the Planning Commission by other planning staff under Mike's oversight. The process will be a State Environmental Policy Act review, staff report, planning commissions study session, planning commission hearing and three touches by the city council. 6. Zone Community Boulevard (CB)— Presenter Lori Barlow a. City Council Meeting September 28 Materials provided- (due September 20, 2010) i. Staff report ii. Power Point presentation iii. map of parcels identifying nonconforming uses iv. List of uses permitted in CB, prior zoning and 2007 b. Public Notice- general meeting, website, plus all property owners in City Center including invitation to specialized meeting on September 30. (due September 20 ) c. 18. Public Meeting September 30 Community Boulevard property owners 8 -10 am d. 19. Report back to City Council on October 19 Materials provided -due October 11 i. Comments from September 30 meeting with recommendations for code amendments and comprehensive plan issues Recommendations for code amendments to the City Center from this city council meeting will be taken to the Planning Commission by Lori Barlow. The process will be a State Environmental Policy Act review, staff report, planning commissions study session, planning commission hearing and three touches by the city council. Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 20, 2010 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: City Manager Recruitment GOVERNING LEGISLATION: RCW 35A.13.050 "City Manager —Qualifications"; RCW 4230.110 "Open Public Meetings Act — Executive Sessions." PREVIOUS COUNCIL ACTION TAKEN: February 2, 2010, City Council passed Resolution 10- 003 designating Mike Jackson as Acting City Manager until such time as a permanent city manager is selected. BACKGROUND: On February 2, 2010, City Council requested that staff bring forth a proposal on how to recruit for a city manager. On April 6, 2010 staff provided information concerning the recruitment of the City Manager to council as an information item. The attached material provides a suggested overview of an in -house process which may use staff support. OPTIONS: Provide direction to staff RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: To be determined by the process chosen. STAFF CONTACT: John Whitehead, Human Resource Manager ATTACHMENTS: City Manager Recruitment packet which includes: Exhibit 1 — Recruitment Process - City Manager Exhibit 2 — Position Description Exhibit 3 — ICMA Recruitment Guidelines Exhibit 4 — Salary Information Exhibit 5 — City Manager Municipal Code City Examples Recruitment Process City Manager Employee recruitment can use many different components that reflect the unique needs of the position being filled. Below is a list of stages generally found in most recruitment efforts that can be modified or eliminated depending upon the strategy of the employer. As a starting point in recruiting for the City Manager position, the Council may consider forming a small work team composed of Council members to develop a plan for the various stages of recruitment. That group could then report back to the Council for their consideration and approval. Stages of Recruitment: Defining Needs In this stage a profile or job description is created that describes the duties of the position. From this description, skills, abilities and competencies can be identified to create the yardstick that candidates can be measured by. Examples of these are: Fiscal Management Dedication to the City City Manager Credentialing (ICMA) Management Experience Time management and organization Reliability /Honesty Policy Development Communication Skills Strategic Planning Leadership Energy Other Identifying specific challenges the City Manager will face in the future may also help to shape the description. This job description typically will show the level of education and experience that is required or preferred for a candidate to be considered. Compensation This stage identifies all the compensation elements of the Position. Many of , these are identified during the job description development. Salary surveys can be used to determine what similar organizations in the area use as the elements of compensation for like positions. Some examples of compensation elements are: Base Salary Retirement Contributions Health related benefits Car Allowance Personal Leave Other 1 Identifying Application Requirements This part of the recruitment cycle determines those materials the Council will use to identify candidates that move forward for further consideration. For example: Resume Cover Letter References Transcripts Budget Documents from Current and /or past employers Pre - Interview Questionnaire(s) Other Advertising /Sourcing Generally this part of the recruitment process looks to market the position to candidates. It accomplishes two tasks: to advertise our City as a great place to live and work for, and to compel candidates to apply. Many tools can be used to inform potential applicants of the vacancy and encourage them to apply. Some examples in the recruitment for the City manager may include: Development of a recruitment brochure Nation -wide or Local advertising Defined recruitment period Internet based advertising Print Advertising Professional Networks Word of Mouth Social Media (Facebook, Linkedin) Pre - Screening In recruitments that yield a great number of applicants, using a pre- screening process can save time and effort by eliminating candidates who clearly are not qualified. Using the needs identified in the job description, pre- screening could be conducted by the work team. Usually, this is a skimming process that uses very specific levels of experience and /or education. Criminal history checks may be performed at this level to give the team more information about candidates. The City Manager recruitment may not generate a great deal of applications, so pre- screening may not be as beneficial, however, the current economic conditions may cause an increase in the amount of applicants for this recruitment. 2 Screening More in -depth than pre- screening, this stage identifies those candidates that will be offered an interview. At this stage all qualified applicants are assessed using a qualitative analysis in addition to the basic qualifications of the position. Education and Experience are looked at from the perspective of how closely they compare to the skills, abilities and competencies identified when the job description was developed. Designing the Interview Probably the most critical part of the selection process is the interview. The Council may consider as an initial step in developing the interview process, determining persons that will comprise the interview panel(s). These persons, in addition to the Council could be other community leaders. Once a panel is identified, questions would be developed that reveal the qualifications of the candidates, their ability to comprehend the questions and their performance in a potentially stressful situation. Staff can provide several question development techniques to measure a candidate's ability to perform the duties of the City Manager position. A second, more informal interview is often used as manner to educate the remaining candidate(s) about the City as well as measuring their follow up to their responses during the formal interview. Reference Checks Past performance is typically a strong predictor of future performance. Speaking with and asking job related questions of former supervisors and other references helps to provide a clearer picture of what the candidate's performance will likely be if hired by the Council. It is important to link the concerns raised about the final candidates to the questions used in order to dismiss or confirm those concerns. Staff would be able to provide assistance to the Council in the development of reference checking questions. Conditional Job Offer Conditional job offers allow employers to seek out additional information, usually of a physical or mental nature, to assess if the candidate is able to perform the duties of the position. This information may not be considered prior to this offer as it may open the City up to challenge in violation of the American's With Disabilities Act (ADA). The physical and /or mental information collected can still eliminate a candidate for consideration, but only if it shows the candidates inability to perform and essential function of the position. For a conditional offer to be valid, it should be offered to only one candidate and the City would appoint the candidate in the absence of information determining the candidates inability to perform an essential function of the position. Contract Development The City Manager contract clarifies what is expected of the City Manager and lists our City's interests and the terms and condition in which the City Manager will complete their duties. This component can be completed at other times in the overall recruitment timeline depending upon the Council's preference. The Council may consider developing a general outline of the eventual employment contract with the City Manager earlier in the recruitment process, however, some components of this contract may be specific to the individual that has been selected and may be most appropriate at the point when the conditional or final job offer is made. The contract should address the total of all compensation that will be provided to the employee to include one -time expenses such as those for moving to our community, temporary housing, etc. Job Offer Prior to a formal offer of the position is made, the Council may decide specifically what they are willing to offer a candidate to accept the position. This offer may lead to a negotiation phase which the Council may want to plan for before the initial offer, setting a range that the council person delegated to offer the position may use to get acceptance of the position. During recruitment it is very typical to have candidates contacting the hiring official, in this case the Council, to campaign for their appointment. Others may also contact the Council to express their advocacy for a particular applicant. The Council may want to come to agreement about how those situations are to be responded to in order to ensure consistent treatment of applicants. The Council may also consider to what extent they prefer City staff be involved in the recruitment process for the City Manager. Below is a sample of how staff and council roles and responsibilities could be assigned. Council Job Description Development Compensation Determine Required Application Documents Developing Interview Questions Interviewing Candidates Staff Provide sample Job Descriptions Provide Salary Survey Information Drafting Recruitment Brochure Providing Sample Questions Scheduling interviews Making Travel Arrangements 4 Council Conducting Employment Checks Making the Hiring Decision Negotiating Employment Contract Staff Providing Sample Employment Check Questions Providing City Information to Candidates Other Successful recruitment is one that first defines what is wanted in a person to fill a particular position, is consistent with the application of the components of the selection process, orders them in a way that best demonstrates the quality differences between candidates, and most importantly arrives at hiring an employee that performs exceptionally and is a good fit for the organization. Recruitment of the City Manager is estimated to take 120 days from the beginning of the advertisement /sourcing phase depending upon the process used. City staff are prepared to assist the Council in filling the City Manager Position. CITY OF SPOKANE VALLEY POSITION DESCRIPTION Class Title: City Manager Department: City Manager Division: NA Date: May 13, 2003 GENERAL PURPOSE Job Code Number: 100 Grade Number: NA FLSA Status: Exempt Location: City Hall Performs high level administrative, technical and professional work in directing and supervising the administration of city government. SUPERVISION RECEIVED: Works under the broad policy guidance of the City Council. SUPERVISION EXERCISED Exercises supervision over all municipal employees either directly or through subordinate supervisors. ESSENTIAL DUTIES AND RESPONSIBILITIES Manages and supervises all departments, agencies and offices of the city to achieve goals within available resources; plans and organizes workloads and staff assignments; trains, motivates and evaluates assigned staff; reviews progress and directs changes as needed. Provides leadership and direction in the development of short and long range plans; gathers, interprets, and prepares data for studies, reports and recommendations; coordinates department activities with other departments and agencies as needed. Provides professional advice to the city Council and department heads; makes presentations to councils, boards, commissions, civic groups and the general public. Communicates official plans, policies and procedures to staff and the general public. Assures that assigned areas of responsibility are performed within budget; performs cost control activities; monitors revenues and expenditures in assigned area to assure sound fiscal control; prepares annual budget requests; assures effective and efficient use of budgeted funds, personnel, materials, facilities, and time. Determines work procedures, prepares work schedules, and expedites workflow; studies and standardizes procedures to improve efficiency and effectiveness of operations. Issues written and oral instructions; assigns duties and examines work for exactness, neatness, and City Manager conformance to policies and procedures. Maintains harmony among workers and resolves grievances. Performs or assists subordinates in performing duties; adjusts errors and complaints. Prepares a variety of studies, reports and related information for decision - making purposes. Appoints and removes all department heads, officers, and employees of the city, except members of the council. Sees that all laws and ordinances are faithfully performed. Prepares and submits a preliminary annual City budget. Administers the adopted budget of the City. Advises the City Council of financial conditions and current and future city needs. Attends all meetings of the Council at which attendance may be required by the Council. PERIPHERAL DUTIES Recommends for adoption by the council such measures as manager may deem necessary or expedient. Prepares and submits to the council such reports as may be required by that body or as manager may deem it advisable to submit. May serve as the head of one or more departments of city government. DESIRED MINIMUM QUALIFICATIONS Education and Experience: (A) Graduation from an accredited four -year college or university with a degree in public administration, political science, business management of a closely related field, and five (5) years of experience as a municipal administrator. MPA preferred but not required. Necessary Knowledge, Skills and Abilities: (A) Considerable knowledge of modern policies and practices of public administration; working knowledge of municipal finance, human resources, public works, public safety, and community development; (B) Skill in preparing and administering municipal budgets; skill in planning, directing and City Manager 2 administering municipal programs; skill in operating the listed tools and equipment; and (C) Ability to prepare and analyze comprehensive reports; ability to carry out assigned projects to their completion; ability to communicate effectively verbally and in writing; ability to establish and maintain effective working relationships with employees, city officials and the public; ability to efficiently and effectively administer a municipal government. (D) A key value of the City is customer service. This position requires considerable knowledge, ability and skill in the principles and practices of excellent customer service as practiced in both the private and public sectors. It requires the ability to effectively meet and deal with the public; the ability to handle stressful situations; the ability to greet and respond to customers in a friendly, pleasant and professional manner using appropriate inflection, grammar and syntax; the ability to establish and maintain effective working relationships with employees, supervisors, and the general public; the ability to maintain a professional, courteous, and pleasant demeanor in difficult and stressful situations; and the ability to diplomatically deal with difficult people. A willingness to expend extra effort to help the public find answers or information relative to their inquiry or complaint is expected. SPECIAL REQUIREMENTS Must be bondable. Valid Washington Driver's license or ability to obtain one by the start of employment. TOOLS AND EQUIPMENT USED Requires frequent use of personal computer, including word processing and spreadsheet programs; calculator, telephone, copy machine and fax machine. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to sit and talk or hear. The employee is occasionally required to walk; use hands to finger, handle, or feel objects, tools, or controls; and reach with hands and arms. The employee must occasionally lift and /or move up to 10 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. City Manager The noise level in the work environment is usually moderately quiet. SELECTION GUIDELINES Formal application, rating of education and experience; oral interview and reference check; job related tests may be required. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change. Effective Date: May 13, 2003 Revision History: Adopted by the City Council May 13, 2003 by Resolution No. 03 -031 City Manager 4 Exhibit 3 R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 1 Table of Contents Publication date February 2001 ............................... 2 Introduction........................................................................................................ ..............................3 Resources Available ............................................................................................ Recruitment Process Conductingthe Recruitment ......................................................................... ............................... 6 Scopeand Parameters of the Recruitment Process ....................................... ............................... 7 RecruitingApplicants .................................................................................... ..............................8 Applications Relations with Applicants ................................................... ............................. Selection Process ReviewingApplications ................................................................................ .............................12 DeterminingFinalists ................................................................................... ............................. InterviewingFinalists ................................................................................... .............................14 Post - Interview Activities ............................................................................... ............................. Finalizing Arrangements NegotiatingCompensation ......................................................................... ............................... 17 .............................19 TransitionActivities ...................................................................................... ............................... 20 Conclusion....................................................................................................... ............................... 21 Resource .............................................................................................. Suggested Questions ........................................................................ ............................... 23 Suggested Interviewing Techniques ................................................................. ............................... 24 Summary Checklist and Timetable ................................................................... ............................... 24 Suggested Administrator Profile Formatfor an Administrator Profile ............................................................ ............................... 26 SampleAdministrator Profile ..................................................................... ............................... 27 Publication date February 2001 R e c r u i t m e n t G u I d e 1 1 n e s H a n d b o o k 2 Introduction The term local government, as used in this report, refers to any local government of general jurisdiction legally constituted under state laws —a town, village, borough, township, city, county, or a legally constituted council of governments. The terms administrator and manager refer to the chief administrative officer of any local government who has been appointed by its governing body. The terms council, commission, and governing body refer to the elected body governing any local government, including city councils, town councils, boards of trustees, boards of selectmen, boards of supervisors, and boards of directors. The term council used in this document refers to all types of governing bodies. Recruiting and selecting a local government administrator is one of the most important responsibilities of a local governing body. It requires careful planning, astute evaluation of candidates, and a clear understanding of the relationship between the local government and the administrator. To a great extent, a local government administrator serves as a resource to the elected body. Whereas the council provides policy and political leadership for the community, the administrator brings policy problems to the elected body, develops alternatives, helps the elected body as it is making policy choices, and then implements policy and provides the administrative leadership necessary for continued progress and high morale. His or her input makes the difference as to whether or not the objectives and priorities of the governing body —and indirectly the community —are refined, considered, and implemented. How are public officials to proceed, then, when the chief administrative position is vacant? Who governs in the interim period until a successor is selected? How is recruitment actually conducted? What selection process should be used? What should be the criteria for the position? What resources are available to assist in recruitment and selection? These are only some of the questions that will concern elected officials. Members of the council will have to deal with a variety of other issues as well. Potential candidates, for example, will begin "campaigning" for appointment. They may contact some or all members of the council to express interest and advance their cause. Members of the community, too, will propose their own preferences and viewpoints. And, of course, the press will pose questions, ranging from why the vacancy exists to what the new administrator is going to be paid. All of this activity, pressure, uncertainty, and even confusion can result in premature commitments and impulsive action — neither good for the community nor conducive to recruiting and selecting a top -notch administrator. For the recruitment process to be successful, local government leaders must provide the following: • Strong, consistent political leadership. • A well organized and coordinated recruitment process. • A plan for administering the affairs of the local government while the recruitment process is under way. • A timetable that ensures prompt, comprehensive recruitment and guards against impulsive and premature action. An organized approach and strong, consistent leadership from the local governing body are essential to the recruitment process. Without them, recruitment can damage the image of the local government; divide the local government and the community; weaken the authority of the government; erode the responsibilities associated with the position; and hurt the ability of the local government to attract and retain good candidates for this and other administrative positions. Recruitment G u i d e l i n e s H a n d b o o k To help councilmembers conduct a successful recruitment and avoid a negative experience, this handbook presents guidelines for recruiting and selecting a local government manager. While no two jurisdictions require precisely the same qualifications and responsibilities from their administrator, the guidelines outlined here provide the basis for determining priorities. These guidelines will enable local government officials to go about recruiting and selecting the best possible administrator for their needs. This handbook includes a discussion of the following key issues: resources available to assist in the process; interim management; applications, relations with applicants, and interviews; compensation; and transition. The exhibits present resources and publications available, suggested interview questions, and a summary checklist and timetable. Using these guidelines can make recruiting and selecting a new administrator a positive, enjoyable, and unifying experience for local government officials. Resources Available Elected officials in search of an administrator will find a variety of resources available to assist in the recruitment process. These include: • ICMA, the professional association of appointed administrators serving cities, counties, regional councils, and other local governments. ICMA staff can suggest advertising sources and individuals and agencies who may be available to assist: help pass the word when a vacancy exists by placing a printed advertisement in the ICMA Newsletter; and provide information on such issues as compensation and how other local governments have handled recruitment. ICMA Range Riders also can provide advice and assistance based on their years of experience in local government. • Other professional organizations. The following organizations can advertise the vacancy, identify potential candidates, and assist in conducting background checks of the applicant. The league of cities and counties in each state; the National League of Cities; the National Association of Counties; the National Association of County Administrators; the American Society for Public Administration; and related local, regional, state /provincial, and national professional organizations. • Current and former local government officials. Local government officials in adjacent communities or retired local government officials are a good resource for assistance. For example, a neighboring local government official could screen applicants, and a retired official could coordinate the recruitment process or provide interim management assistance. ICMA's Range Rider Program may be a good source for such assistance. • Others having an interest in local government. College or university faculty members, institute of government staff members, local government consultants, and community leaders also may be able to provide leadership and assistance with some part or all of the recruitment process. • Executive recruitment firms. Several nationally recognized firms are available to assist in recruiting key management positions in local governments. They can coordinate the overall recruitment process, or they can assist with such specific aspects of recruitment as identifying potential candidates, conducting background checks, or developing and conducting the selection process. ICMA can provide a list of firms that specialize in public sector recruitment. For a copy of the list, contact the job ad coordinator at ICMA, 202/962 -3650. ICMA Range Riders. Local government professionals serve as Range Riders for ICMA and for their respective state leagues or state associations. Range Riders generally are retired and respected local government managers with long experience in the profession. Available as resources to local government administrators, Range Riders meet periodically with managers to discuss the profession and any concerns managers might have. Discussions range from such topics as council relations, career changes, and staff reorganization to politics and ethical questions. All discussions are confidential. Range Riders are friends, colleagues, and counselors —not consultants. Although not all states have Range Rider programs, other resources may be available through the state league or state association of managers. R e c r u i t m e n t G u i d e l i n e s H a n d b o o k Interim management. Often the first questions elected officials must face when a vacancy occurs are: What should we do to ensure that the affairs of the local government are properly administered until a new manager is selected and on board? How do we get the recruitment process started? Who is in charge? First and foremost, local government officials must avoid acting impulsively and succumbing to the temptation to hurriedly appoint an administrator as a quick fix to the problems of vacancy, recruitment, and selection. Local government officials need an interim period to consider carefully the criteria they are seeking in a new administrator and to recruit and select the best possible successor who meets these criteria. Only by considering how applicants compare and measure against one another and, of course, against the criteria can elected officials be sure that the candidate they appoint will be backed by the appropriate combination of work experience and management style. Following these steps will enable councilmembers to provide sound interim management while an efficient recruitment process is under way. Appoint an interim administrator. It is important to clarify who will be responsible for directing the local government while the new administrator is being recruited. The council might want to consult with the outgoing administrator regarding possible staff members who could fill this role, or they may agree that they have confidence in a specific staff person. If there is an assistant administrator, for example, who may be considered for the position, the council often will appoint this person as interim manager. This will give them the chance to observe firsthand how he or she handles the job. Or the council might select as interim administrator a department head who is not a candidate for the position but who is mature, seasoned, respected by fellow employees, and competent. In some cases, the local government leaders may not feel there is anyone on staff to whom they can or would want to turn. In this case, it may be possible to retain the services of a recently retired manager or a manager who i s between jobs. State associations, municipal leagues, or ICMA Range Riders may be sources for possible interim administrators. Regardless of who is appointed, it should be clear to all local government officials and staff that the interim manager is in charge. It should also be clear that this person does not have an inside track to the new position. If the interim manager is ultimately selected, it is because that person proves to be the best in relation to the other applicants. Act promptly. The recruitment process should begin immediately after the official decision has been made regarding resignation, retirement, or termination. Failure to do so can generate rumors within the community by various interested parties who will exert pressure on members to quickly fill the vacancy. Councilmembers must bear in mind that an impulsive response to this pressure can be divisive for the governing officials and can damage their credibility. What local government officials need to do is promptly develop and announce a specific plan and timetable for the recruitment. They must take into account any circumstances, such as an impending recall, that might cause delays, and they must communicate any changes in the established schedule to all concerned, particularly to the applicants themselves. Occasionally, a council will delay recruitment because an election is pending or a proposal to change the form of government is coming up for a vote. Even so, the initial recruitment steps should be taken immediately in order to reduce the time lapse between the departure of one manager and arrival of another. Re c r u i t m e n t G u i d e l i n e s H a n d b o o k If a local government has just voted to adopt the council- manager form of government, the beginning of the search will depend on when the form becomes effective. If council elections were held at the same time and outgoing members are sympathetic to the change, it may be possible to have applications on file by the time new councilmembers are sworn in. In any case, the new council should proceed with the recruitment as soon as possible. Finally, the councilmembers must take charge of the recruitment. They must make clear to all concerned what processes they will follow to recruit and select the best administrator. Carefully consider the way the vacancy is announced. If the vacancy is the result of retirement or of the administrator moving to a new position, a simple announcement to that effect is sufficient, even desirable. When advertising the position, the local government will be able to claim that there has been great stability in the position; it now is vacant only because of retirement or of a new job opportunity for the former administrator. In this way, with the vacancy presented as an opportunity that does not come along often, qualified applicants may be drawn to the position. If, on the other hand, the position is vacant because the former administrator was terminated or quit, neither the local government nor the former administrator will benefit from a public quarrel. It is far better for all concerned (even though it may be emotionally difficult) to simply reach a mutual decision and timetable for leaving. From a recruiting standpoint, handling a difficult situation well will enhance the image of the local government. And there is less likelihood that the former administrator will talk negatively of the local government and, thereby, deter potential candidates from applying. Obtain a status report on the local government's activities and projects. Although it is not desirable for the council to immerse itself in the administrative affairs of the local government, it is important that they receive a briefing about current organizational problems and the status of important projects before the current administrator leaves. In this way, they can better monitor progress on important matters, provide direction, and set priorities for the person selected as interim administrator. Defer key actions where possible. Obviously, the local government must continue to operate during the recruitment period. The council and interim management team should do whatever is necessary to make sure that important projects and the delivery of services continue to move toward. However, they should defer key actions where possible until the new administrator is appointed. After all, to ensure effective administrative leadership in the future, it is desirable that the new administrator be involved in as many policy decisions as possible. Just filling a vacant department head position, for example, is an opportunity for the new administrator to begin building an administrative team. In fact, such an opportunity can be used persuasively to pique the interest of potential candidates during the recruitment process. Recruitment Process Just as it is necessary to determine who will provide interim administrative leadership, it also is necessary for the council to determine who will actually conduct the recruitment and to decide on the major steps and scope of the recruitment. A successful recruitment takes time and is complex. At the outset, it is essential that the council spend considerable time determining and reviewing precisely the criteria they are seeking in an administrator. See information on preparing an administrator profile. Although 100 or more applications may be submitted for a position, the number of candidates actually meeting the council's requirements may be limited. It is advisable, therefore, to supplement the advertising process by aggressively identifying and talking with potential candidates. Similarly, to ensure that finalists have the requisite work experience and management style, work- related background checks and a thorough interview process should supplement a review of resumes. Once a selection has been made, the compensation package must be developed and negotiated. It includes such issues as deferred compensation, housing, and a written employment agreement. Thus, to be effective, a recruitment must be well planned and led by someone who is knowledgeable and experienced in this area. R e c r u i t m e n t G u 1 d e I i n e s H a n d b o o k 6 Conducting the Recruitment The council has a number of alternatives available for conducting the recruitment. • The local government officials themselves can conduct the recruitment. • The local government can retain an outside party to conduct the recruitment. The local government can conduct the recruitment in conjunction with an outside party. The council can conduct the recruitment itself. Many councils have successfully conducted recruitments for professional administrators. If this alternative is selected, it should be with the understanding that it is a time - consuming and complex task. Councils have the option of delegating responsibility to the chairperson of the elected body, to a committee of the local government officials, or to the council as a whole. Councilmembers must be sure to select someone on their board who is well respected and who has the time to provide the leadership and follow-through that will be necessary every step of the way. If the elected body chooses to conduct the recruitment itself, it should seek the assistance of the jurisdiction's human resources officer. The council can retain an outside party to conduct the recruitment. In some cases local government officials may ask the interim manager or a retired manager to coordinate the recruitment process. More often, however, the local government contracts with a firm that specializes in providing executive search assistance. When using an executive search firm, the council does not give up any of its authority. It continues to define what it is looking for in a new administrator; it picks the final candidates; it does the interviewing; and, of course, it makes the final selection. When a local government uses the services of an executive search firm, it obtains the full - time coordination necessary to conduct an effective recruitment, and it gains the expertise important to each step in the process. Typically the executive search firm begins by meeting with the elected officials both individually and as a group to help them decide what they are looking for in a new administrator. It is the firm's responsibility to facilitate these discussions and to help reach a consensus on such items as desirable work experience, management style, timing and scope of the recruitment, and compensation. After these matters have been reviewed, the firm coordinates the overall recruitment process and assumes responsibility for all tasks until it is time for the elected body to select and interview finalists. The firm acts as a resource throughout the entire recruitment process. Councils using these services should make certain they select a reputable firm familiar with the special requirements of local government administration. The experience of a consulting firm should be checked by letters and phone calls to the local governments that it has served. The council can conduct the recruitment and retain an outside party to assist at certain points in the process. A third alternative is for the local government to assume responsibility for conducting the recruitment and to supplement the process at some point with assistance from an executive search firm or other outside source, perhaps an ICMA Range Rider. In some cases, the council may seek assistance at the outset in thinking through the overall recruitment process and defining what they are looking for in a new administrator. In other cases, the local government officials initiate the process on their own by advertising for the vacancy. They then retain an outside source to help review resumes, conduct background checks, and structure an appropriate interview process. This alternative may be most appropriate where cost is a consideration or where the local government desires to take a more active role in the recruitment. Other participants. Once the council decides who will conduct the recruitment, other parties like staff members, citizens or citizen committees, and the press can become involved at various stages. Local government staff. Staff member roles can vary depending on who conducts the recruitment. If the council is conducting the recruitment, staff will be responsible for working with the elected body to develop an effective and legal recruitment and selection process and then placing advertisements and collecting resumes. They also may R e c r u i t m e n t G u 1 d e l i n e s H a n d b o o k assist in scheduling interviews. If an executive search firm is involved, the firm will be responsible for all of these administrative details. In this case, the role of staff is usually limited to providing information about the local government and coordinating with the firm. Citizen committees. The council must make a decision as to whether or not to involve citizens or citizen com- mittees in the recruitment process. In the majority of cases, the local government assumes responsibility for the recruitment and (on its own or with a firm) goes through the process of selecting a new administrator without citizen involvement. in some cases, however, elected officials have involved citizens or citizen committees in defining what the local jurisdiction is looking for, in the review process leading to the determination of finalists, and /or in the selection process itself. However, the governing body should not lose control of the final decision - making process and candidates should not receive the impression that they are being hired by a committee rather than by the government itself. After all, once hired, the administrator is accountable to the elected body. Press. Members of the press will obviously have an interest in the recruitment process, and their involvement will be dictated in part by state law and in part by tradition. At the outset, local government officials should brief the press on the timing and steps involved in the overall process. After the deadline has passed for submitting resumes, the elected officials may wish to brief the press on the overall response. Confidentiality of resumes is a major concern in any recruitment and it can significantly affect the number and quality of resumes received. Candidates should be apprised of any applicable state laws in this area, and the council, with advice from the local government's attorney, should determine what will and will not be made public. Scope and Parameters of the Recruitment Process Regardless of who carries out the recruitment, a framework for the recruitment process must be developed. The governing body must agree at the outset on a number of key issues critical to the success of the recruitment: criteria for the position, geographic scope of the search, timing, and compensation. Criteria for the position. What is the council looking for in a new administrator? The council should begin with a survey of its needs and those of the local government. By reaching a general consensus on criteria for the position at the outset, even before the advertising process begins, the elected body will be better able to specify what they are looking for in a local government manager, and the council will have a specific basis for reviewing resumes, selecting finalists, and making a hiring decision. Items to be considered include local government size, its nature, the services it provides, and overall objectives and priorities. The work experience, skills, and expertise of the candidates must relate to these criteria. These types of situations should receive special consideration as the council decides on criteria. 1. A local government that has just changed its form of government will ordinarily need a manager who can inspire local government officials with the enthusiasm needed to implement the new system. A first manager in a new system should be adept at public relations and in establishing relationships with incumbent officials and employees. 2. When a manager has been dismissed or has resigned under pressure, the council tends to look for strengths in areas in which the outgoing manager showed weaknesses. There are dangers, however, in overcompensating for qualities that have led to dissatisfaction. These dangers cannot be overemphasized. If the outgoing manager gave too much freedom to subordinates, for example, suddenly changing to a strong dis ciplinarian might result in antagonisms that would only lead to further problems. Sometimes a new manager will be confronted with major problems that must be dealt with immediately. If such a situation is anticipated, the council should inform any applicant who is being seriously considered. 3. When a popular manager retires or moves to a larger city, the council often asks this person's assistance in the search for a successor. Yet the council should not overlook the possible need for new strengths or different qualities. The assistance of lay citizens or of an outside consultant might be desirable at this stage. 8 R e c r u i t m e n t G u i d e l i n e s H a n d b o o k Although establishing criteria for the position can be an agonizing and difficult process, it does not have to be. In fact, with good leadership it can be a unifying and educational process for all concerned. (For more detail, see the section on the selection process.) Geographic scope of the recruitment. Once a vacancy is advertised, resumes will usually be received from individuals in different parts of the country. At times, a particular executive search firm will specialize in attracting candidates from a certain region. It is assumed that the local government is looking for the best candidate and that all resumes received will be reviewed carefully. For purposes of an aggressive search for candidates, however, some local governments will choose to focus on their state or region, thinking that these candidates may have a better understanding of and orientation to local problems, legal issues, financing alternatives, and similar matters. On the other hand, as local governments grow, they increasingly prefer an aggressive nationwide search for individuals who have demonstrated an ability to manage in a complex urban environment and who might bring a fresh perspective. Timing. The timing of the recruitment can sometimes be affected by publication deadlines, which are important in terms of properly advertising the vacant position. An ideal timetable would provide at least 60 days from the start of the recruitment to the deadline for submitting resumes; 30 days to review resumes, conduct background checks, interview candidates, and make a selection; and at least 30 days for the new administrator to relocate. Because top candidates often view submitting a resume as a major career decision, it is important that they have adequate time to consider the opportunity, discuss it with their families, and prepare an appropriate resume. Similarly, the council or the executive recruitment firm needs sufficient time to review resumes and conduct background checks to ensure that good candidates are not overlooked and that finalists meet the desired qualifications of the governing body. Again, it cannot be overemphasized that the recruitment should move forward expeditiously while at the same time allow adequate time for a thorough and comprehensive process. Compensation. A final item to be considered at the outset of the recruitment is compensation. It is important for the local government to have some general understanding of the acceptable salary range, but it also is important that it leave itself some flexibility in this area. The posture of public officials in most successful recruitments has been to leave salary open, commensurate with background and experience. This does nothing to discourage interested applicants from applying, yet it does not commit the local government to anything. This approach basically says that the locality wants the best administra- tor it can find, and that it does not expect anyone to come to work for less than what he or she is currently earning. From a practical standpoint, every local government has compensation limits, and this can be taken into account by reviewing the current salary of applicants at the time finalists are selected. By leaving salary open at the outset, a locality has helped to ensure that it will have a maximum number of applicants to consider and it has left itself the flexibility to pay a higher salary that is what it takes to hire the first- choice candidate. ICMA encourages local governments to establish a salary or salary range and to provide applicants with that information at the time the position is advertised. It does recognize, however, that this information cannot always be provided at the time of recruitment. Recruiting Applicants Generating a sufficient pool of qualified applicants is a key part of the recruitment. It involves advertising for and soliciting candidates to be sure that qualified candidates are not overlooked. (Specifics of the applications process are discussed in the following section.) Advertising. It is in the interest of the local government to be sure that everyone who might have an interest in the vacant position is aware that the recruitment process is under way. Thus the advertisement itself should be carefully worded and the advertising program should be comprehensive. R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 0 To be comprehensive, however, an advertising campaign does not have to be extensive or expensive. Most local governments, for example, avoid advertising in general circulation newspapers for an administrator unless there is a local requirement to the contrary. This is an expensive form of advertising that produces few results. More effective sources can be found with organizations directly related to local government. In addition to ICMA, this includes the National League of Cities, the National Association of Counties, the National Forum for Black Public Administrators, and the American Society for Public Administration. Resources at the state level include state municipal leagues and county associations. Local governments have some flexibility when preparing and placing advertisements but at a minimum, the advertisement should include these items; • Name of the local government. • Title of the vacant position. • Population of the local government. • Amounts of the operating and capital budgets. • Number of full -time employees. • Services provided. • Statement that salary is open and commensurate with background and experience. • Filing deadline, including any special items of information desired like current salary and work - related references. Brief description of key areas of interest and desirable experience and qualifications. Where and to whom to send resumes. • Web site of the local government. Some publications permit the use of display ads that call for an innovative format incorporating the local government logo and /or graphics. For a modest extra cost, these ads offer the local government an additional opportunity to impress potential candidates. Solicitation of candidates. While advertising can generate outstanding applicants, and local governments should look closely at all resumes that are received, local governments should supplement the advertising process by identifying outstanding potential candidates and inviting them to apply. Useful sources of information about potential candidates include members of the local government, the current administrator, former and retired administrators, local government officials in adjacent communities, executive directors of state leagues, directors of university public administration programs, and ICMA Range Riders. When soliciting candidates, once a list of names has been compiled —and the emphasis should be on quality rather than quantity —the council should send a letter of invitation advising the individual of the opening and requesting that a resume be sent if there is an interest in the position. The letter, which should be personally typed, should enclose a basic package of information describing the local government (see the section on applications) and the vacant position. Once the letter has been mailed, a follow -up telephone call should be made to confirm that the letter was received, assure the recipient that it was not a form letter, indicate why the position is a good career opportunity, and answer questions. The same deadline for submitting resumes should be used in both the advertisements and the supplemental letters of invitation. For the purposes of confidentiality, all correspondence should be sent to the applicant's private residence. R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 10 In -house candidates. The local government should be sure to inform local government employees of the vacancy and how and when to apply. It may be that the local government will even want to invite one or more employees to submit a resume. Whether in -house candidates are solicited or apply on their own, it is important that they be treated in the same manner as other applicants. It should be made clear that if an in -house candidate is ultimately selected as administrator, it is only because the council felt that the candidate was the best choice in comparison with the other applicants. While most applicants will receive written notification of their status, the council may wish to talk personally with in -house applicants who were not selected to ensure good communication with staff, maintain morale, and help ensure an orderly and positive transition. Applications and Relations with Applicants The applications process is the point where effective screening of applicants begins. For this part of the recruitment to be successful, the council must proceed carefully and with considerable thought. This section deals with such issues as whether or not to use a standardized application form, providing potential candidates with key information about the position and the local government, and the importance of establishing and maintaining good relations with applicants. If high - quality candidates are to be encouraged to pursue the vacancy, then the local government needs to present a portrait of itself as a well -run, organized, and efficient organization. Application form. Most local governments prefer to ask applicants to submit a resume in whatever format they believe will be most effective, rather than a standardized application form. From the standpoint of the applicant, this approach provides flexibility to present past work experience in away that is directly related to the position in question. At the same time, it permits the local government to see how the applicant organizes and presents material in a written format. The manner in which materials are prepared can be an indication of real interest in the position. If an application form is used, it should be easy to complete, and the information requested should be related to the vacant position. Relations with Applicants —Do's and Don'ts a. Keep all candidates informed of their status at all times. Select a short list of the most promising candidates. Carefully check references on those candidates judged best qualified. Call these candidates for interviews at your local government's expense. Visit, if possible, the localities in which the most promising candidates work. Send the candidates under consideration copies of your government's budget, charter, annual report, and other pertinent documents. Pay expenses of candidates called for a second interview (and of their spouses /partners). Be prepared to enter into a formal written employment agreement with the successful candidate. Promptly notify all other candidates once the selection has been made. Keep all information strictly confidential throughout the entire recruitment and selection process, unless state law requires otherwise. R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 11 Don't: Don't limit your recruitment and investigation to "home towners" or to a single candidate. Don't' let the selection process last too long. Don't expect to get all necessary information about candidates from written material. Don't forget that you are seeking overall management ability, not technical competence in one specialized field. Don't release for publication any names or local governments of candidates, unless state law requires it. Don't overlook in candidates the need for municipal administrative experience and the advantages of value of college or university training, post-degree training, and continued professional development. Providing information. Serious applicants will not submit a resume for consideration until they have done their homework and satisfied themselves that the vacant position does represent a good career opportunity. Often they will seek information from local government officials about the local government and the position. This is one of the first places where a potential applicant will form an impression of the local government. If the impression created is that the recruitment is disorganized, that members of the local government are not sure what they are looking for or are saying different things, and that sufficient information about the locality is not easily obtained, potential applicants may simply lose interest and not apply. On the other hand, if their impression is that the local government has spent time considering the position; that the recruitment is well organized; and that information is readily available, positive, complete, and effectively packaged, this can tilt the scales in favor of submitting a resume. Here are the items that a basic information packet should include: 1. A copy of the criteria for the position indicating key objectives and priorities as to what the local government is looking for. 2. Ordinance or charter requirements if they contain significant or unusual provisions regarding the position. 3. Summary information about the local government, including organization structure, personnel practices, number of employees, services provided, and budget data. 4. A timetable indicating the principal steps and time frame for the overall recruitment. 5. Information on the local government in the form of a chamber of commerce brochure or similar publication, if such is attractively prepared and available. 6.Web sites that contain information on the local government. Acknowledging applications /status report. All too often, recruiters overlook the simple and courteous step in the recruitment process of acknowledging resumes as they are received and notifying applicants of their status as the recruitment proceeds. Prompt acknowledgment of resumes is one indication that the process is being handled in a businesslike way, and it can further impress the applicant positively. Similarly, notifying all applicants as to their status, even if they are not selected as finalists, is a basic courtesy that will affect how the candidate views the local government. The initial acknowledgment also should inform the applicant of the recruitment timetable. Unless there are unusual or unanticipated delays, this notice should be sufficient until applicants are actually notified as to their final status. To maintain confidentiality, all correspondence should be directed to the applicant's home, not business address. Recruitment Guidelines Han d boo k 12 Confidentiality. Confidentiality is an important consideration in any recruitment. Applicants are concerned about the potential damage to their present job security and long -term career opportunities if premature disclosure of their interest in another position is made public. While applicants realize that the local government will want to contact their present employer to conduct background checks and assess the job they have done, they typically prefer to wait until it is clear that they are going to be considered as finalists for the position. The elected body should determine, at the outset, the extent to which the recruitment process will be confidential. This should be decided with advice from the local government's attorney because open record and disclosure statutes vary from state to state. If disclosure of applicants' names is likely to occur at any point, potential applicants should be advised so that they may take this into account in deciding whether or not to pursue the vacancy. From a recruiting standpoint, assurance of confidentiality will result in more applications being submitted, particularly from those who are presently employed elsewhere. Because of the importance of confidentiality to both parties, such assurances should be honored and contacts with present employers should be coordinated with the applicants in order to provide the applicants with adequate time to first notify their current employer. There is no faster way to damage the image of the local government and to lose good applicants than to violate the trust or assurance that was given regarding confidentiality. Selection Process Once the deadline for submitting resumes has passed and all applications have been received, the selection process begins. Principal steps include reviewing applications, determining finalists, interviewing finalists, conducting such post - interview activities as second interviews, and making the final selection. Reviewing Applications The selection process begins with a review of all resumes that have been submitted. The advertised deadline for submitting resumes usually is viewed as a planning deadline; therefore, all resumes are considered even if they arrive after the deadline. Because it is not unusual for a local government to receive in excess of 100 resumes for a vacant position, guidelines must be in place for the review to be efficient and thorough. One approach is to give each member of the council a fixed period of time to review all resumes and to recommend those applicants who should receive further consideration. One councilmember will then group the common choices together and resolve whether those who were not picked by the majority of the reviewers will receive further consideration. Another approach is to ask a committee of the council to assume responsibility for the application review process and to recommend a group of finalists to the council as a whole. Sometimes the local government calls on managers in the area or ICMA Range Riders in the state to assist in the narrowing -down process. Applicants should be advised if this last procedure is used, the confidentiality of resumes should be maintained. In other cases, a search firm or the locality's human resources officer can make a first cut to reduce the applicant pool. Here are steps that are particularly important in the resume review process: 1. All resumes should be acknowledged. Ideally, resumes will be acknowledged as soon as they are received. The acknowledgment should incorporate a broad timetable that provides the council with adequate review time before finalists are selected. 2. The process should move forward as promptly as possible. If the review process takes too long, it alerts the candidate to a possible lack of leadership and indicates that the process is not well organized. Such signals can cause well - qualified applicants to have second thoughts and to change their minds. 3. The confidentiality of resumes should be maintained and should be consistent with applicable state law and the advice of the local government's attorney. Contact with others as part of the review process is important and even R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 13 expected but it should be coordinated with the applicant. The local government must avoid jeopardizing an applicant's current position. Thorough background checks and references are usually conducted after the council has narrowed down the group of applicants and after the candidate has been informed that references and others will be called. 4. Resumes should be evaluated against the criteria for the position that were developed at the outset of the recruiting process. Here are criteria to look for in the review process: • Has the applicant had experience working in a local government of comparable size? • Has the applicant had experience with the variety of services delivered by the local government? Has the experience been comparable in terms of budget size and number of employees? • Has the applicant worked in a similar geographic area? Is the applicant likely to be comfortable in a rural or urban setting and familiar with the usual problems faced by the local government? • What specific responsibilities has the applicant had, and what has the applicant accomplished? How does this compare with the objectives and priorities of the local government? • Has the applicant had broad administrative and supervisory authority, or has the experience of the applicant been limited to research or administering activities in specialized areas? • Has the applicant worked directly with the local government in the past? Does the applicant have experience working with citizen and other groups? • What is the employment history of the applicant? Does it suggest a pattern of broad experience and increasing responsibility? Does the applicant have good tenure with each employer, or is there a pattern of frequent movement from one position to another? Whereas a short tenure in the previous position may or may not be significant, a series of short terms should be a warning that more thorough inquiry is needed. By the same token, 10 years of experience is not necessarily preferable to five, or five to three. In fact, a person with a long tenure in one position may find it difficult to adjust to another. Similarly, age also does not necessarily correlate with maturity of judgment or adaptability. • Is the applicant concerned with continuing professional development and participating in training programs and professional organizations? • What is the current salary of the applicant? Does it fit within the parameters of the local agency? • How have the resume and letter of transmittal been prepared? Do they suggest a real interest in the position? What does the resume itself tell about the person? Determining Finalists When the resume review process has been completed, it should be possible to narrow the total group of applicants to a smaller group of perhaps 15 to 25. This group will be subject to more thorough background checks and ulti- mately narrowed to an even smaller number of applicants. The latter group will be designated as finalists and invited for interviews. These considerations are important when determining finalists: 1. The council should resist the temptation to select finalists before background checks have been completed. One of the resume reviewers may suggest, for example, that based on the resume alone, the council should select finalists and move right ahead to the interviews. However, while resumes are helpful as an initial screening device, they also can be misleading. They reveal nothing about the management style, personality, or interpersonal skills of the individual in terms of his or her ability to work effectively with people. They also can create an exaggerated impression of actual work experience, responsibilities, and accomplishments. It is neither practical nor necessary to conduct background checks on all R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 14 applicants, but an important interim step is to conduct background checks on a smaller group as a prelude to and basis for selecting finalists. 2. Be sure the background checks are work related. The purpose of the background checks is to provide a solid reading of the candidate's ability to handle the job and to work with people. Consequently, background checks should be conducted primarily with people who know local government, understand the job of a local government manager, and have a firsthand knowledge of the performance of the applicant in this area. Such work - related background checks would normally be based on conversations with current and former members of the local government, including the mayor and councilmembers; staff members with whom the applicant has worked closely and /or supervised; and others who have worked closely with the applicant, including the chamber of commerce director and the superintendent of schools. Background checks also can be conducted with state /provincial association officers, institutes of government staff members, and state league directors. As indicated previously, confidentiality is extremely important, and the local government should be sure to coordinate with the applicant in terms of any background checks that are undertaken. 3. When conducting background checks, these guidelines are important for ensuring consistency and thoroughness: • Have one person perform all the background checks. This can be difficult for one person to handle, however, especially if three background checks are desired. Also, it can be helpful if two or more people compare notes on the same candidates. • Address similar issues and questions to each applicant to provide a good basis for comparison. • Talk with enough people to get a consistent reading as to the strengths and weaknesses of the individual. If a person can say only good things about the applicant, ask him or her directly what weaknesses the applicant has. • Use the background checks to learn about the applicant's ability to work effectively with people, to develop a more complete understanding of the applicant's work experience and specific accomplishments, and to see if the applicant's qualifications match the criteria for the position. • Include verification of educational credentials in the background check process. There is another possible step to use to narrow down the list of finalists. The candidates can be asked to respond in writing to a limited number of questions that members of the governing body agree on. These might include asking how the person would handle a particular situation or asking if he or she has had experience dealing with specific situations. 4. The group of finalists should be large enough to expose the council to an array of personalities. In most cases, a minimumof five candidates should be interviewed as finalists. The local government also may wish to establish a backup group in case some of the finalists decide not to pursue the position any further. Interviewing Finalists Once finalists have been selected, the interviewing process begins, and the local government can proceed with these steps: 1. Confirm with each candidate that he or she has been selected as a finalist. Each finalist should be congratulated and made to feel that the council is pleased to have reviewed his or her resume. At the same time, the continuing interest of the individual in the position should be confirmed. 2. Advise each finalist of the nature of the interview process, including date and time. Confirm for the finalist now R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 15 many others will be interviewed, whether there are any in -house candidates, and when you expect to make a decision. Indicate that all such information will be confirmed in a follow-up letter. 3. Assure the applicant that confidentiality will be maintained, unless state law or the advice of the local government's attorney dictates otherwise. The applicant should be advised if the names of finalists are to be made public and given the opportunity to withdraw. 4. Indicate that a more complete package of information about the local government will be mailed directly to the applicant's home in advance of the interview. Here is information that might be included: • Current budget and financial report. • Recent bond prospectus. • Organization chart. • Personnel rules and regulations. • List councilmembers and their occupations. • Copies of council minutes for the past. several months. • General plan and land use map. • Statement of local government goals, objectives, and priorities. • Any other material that would be of particular relevance, given the goals and objectives of the local government and the criteria for the position. 5. Confirm local government policy on reimbursement of expenses incurred in conjunction with interview. Most local governments reimburse candidates for all out -of- pocket expenses, including reasonable transportation, room, and board. ( "Reasonable" is intended to eliminate first -class airline tickets, four -star hotels, and gourmet restaurants.) Such reimbursement of expenses is another way the local government can demonstrate its interest in the candidate. It reinforces the positive nature of the recruitment process and makes the difference in some cases as to whether the finalist is able to attend at all. In cases where there is strong reluctance on the part of the council to reimburse all expenses, the local government can share expenses with the candidate or can agree to reimburse all expenses incurred after the first trip. The local government staff can offer to handle all reservations, transportation, and related matters but this can be cumbersome and time consuming. In most cases, the local government confirms the time and place and lets the finalist make his or her own arrangements. Finalists usually prefer this approach as well. The interview itself can take a variety of forms. (See section with suggested interview questions.) Two techniques commonly considered are the traditional interview and the assessment center evaluation and interview. Council interview. Typically, the elected body as a whole meets individually with each finalist. Most local governments use this approach. During the interview they question the applicant about a variety of matters like overall work experience, specific accomplishments, career objectives, alternative approaches to practical problems faced by the local government, and similar matters. The interview gives the candidate an opportunity to evaluate the elected body as a group and to ask questions. An important issue to discuss during the interview is the council's working relationship with the manager, clarifying all roles and responsibilities. Organizing this type of interview is relatively easy and does not require a large commitment of time on the part of the local government and candidate. It can create a comfortable setting that contributes to an open and relaxed discussion. Because this initial interview may be limited to an hour, a second interview with one or more of the finalists may be desirable. Assessment center evaluation and interview. The assessment center technique involves role playing and other exercises with the candidates as a group, in addition to the traditional interview. It is most frequently used in the recruitment of public safety and other management- appointed positions (and has been used only occasionally by R e c r u fitment Guidelines H a n d b o o k 16 local governments recruiting administrators), but if well planned and organized, it can be used effectively in recruiting a local government administrator. The major advantage in an assessment center interview is that the employer is able to see how one candidate relates to others in a group situation. Because it tends to pit one candidate against another in a group situation, however, it is important that the candidates be properly briefed to minimize any concerns regarding the process. In addition, this technique can work only if all councilmembers are committed to taking the time necessary for role playing and if they feel comfortable participating in an "acting" situation. Regardless of which technique is used, these guidelines are important: 1. The interview process should be well organized and the setting comfortable. All members of the local government should participate but one discussion leader should be designated. The interview process not only provides the council with an opportunity to improve its knowledge of finalists, but it also influences the candidate's interest in the position. Because the process should help cement the interest of the candidate in the position, local government officials may wish to arrange additional events like a dinner or a tour of the local government. 2. The council may choose to supplement the usual discussion between councilmembers and finalists by inviting staff or community leaders to participate. For example, finalists may meet with department heads or other staff to review departmental operations in more detail or to receive a tour of the local government. Or, finalists may meet with selected community leaders to receive their input on matters they consider important to the local government. If this option is taken, it should be made clear to all involved that these meetings are designed to provide the candidate with additional information on the local government and will not be involved in the actual selection of the administrator. Obviously, the councilmembers should carefully select the individuals with whom the finalists will meet. Again, the importance of maintaining confidentiality cannot be overemphasized. 3. If the spouse /partner of the candidate is invited to accompany him or her, it is important that this part of the process be as well organized as all matters concerning the candidate directly. Here, too, an important impression about local government image is being made. The interests of the spouse /partner should be carefully determined and accommo dated. This could include a tour of the local government, an opportunity to talk with realtors and visit homes, and a briefing on schools in the area and local employment opportunities. Spouses /partners should never be included in a formal interview process, nor made to feel as if they are being interrogated in any way. 4. During both the formal and informal meetings between the council and the finalist, discussions and questions should focus on the criteria for the position that were established at the outset of the recruiting process. Obviously, discussions should stay within acceptable legal parameters and should not touch on politics, religion, and sexual preferences. 5. Do not spend time during the initial interview talking about compensation, except to ask what the expectations of the finalist are in this area. If the council is aware of general expectations, they can take this into account in making a final selection and in subsequent negotiations on total compensation. To discuss this subject in any detail during the initial interview detracts from the time needed to consider more substantive questions and can result in a defensive or argumentative atmosphere with a candidate before it is even clear that the position will be offered. 6. The personal interview should occupy at least an hour. It is difficult to pursue a range of questions in less time, and it will be offensive to the candidate who may have traveled some distance for the interview. 7. A final guideline, regardless of which interview technique is used, is that the council should continue to avoid impulsive action and should take whatever time is necessary to arrive at a comfortable and well - reasoned decision. However, again, the interview process and related follow -up activities should move forward as promptly as possible so as not to lose momentum or encourage serious applicants to have second thoughts. Of course, once a final decision has been made, all of the other applicants should be notified of their status. R e c r u i t m e n t G u i d e l i n e s H a n d b o o k Post - Interview Activities 17 When the interview process is over, either one person has emerged as the clear choice of the council, or the pool of candidates has been narrowed down to several whom local officials would like to pursue further. If there is one person who is the clear first choice, the council can simply notify the candidate, confirm his or her willingness to accept the position, and then move right ahead to finalize a total compensation package and discuss other related arrangements (see section on finalizing arrangements). A second interview at the council's option can provide the opportunity to discuss the position and the applicant's qualifications in more detail. If, on the other hand, there are still two or three applicants to whom the council would like to give further consideration, several options exist. The council may wish to invite the candidate, and possibly the spouse /partner, back for a second interview. A longer interview, coupled perhaps with some sort of function such as a dinner, can often provide the insight needed to make a final decision. Conducting more extensive background checks with individuals in the candidate's current community or making an on -site visit to the candidate's current community are other options. Either of these latter two activities can be helpful in reaching a final decision, but it is essential that they be conducted with the full advance knowledge of the candidate. It also is advisable to conduct a discreet credit and police check. Until all arrangements have been finalized with the first- choice candidate, the council may wish to hold off notifying the other finalists, if the council is unable to satisfactorily conclude negotiations with their first choice, they may need to engage in discussions with one or more of the other finalists. Again, from an image standpoint, it is important that all applicants learn first about selection from the local government as opposed to hearing about it from another person or reading it in a newsletter, professional publication, or the press. Finalizing Arrangements Once the local government has made its decision and the candidate has indicated a willingness to serve as a local government administrator, there are a number of final arrangements to be completed. They include negotiating a compensation package and completing transition activities. Only then can the new administrator relocate and begin work. Negotiating Compensation Because negotiating a total compensation package can be a long and frustrating process, the council needs to ensure that relations with the new administrator get off to a good start. Nothing should happen that causes the new administrator to reconsider. • First, the atmosphere should be friendly and relaxed. • Second, the approach of the negotiator should be flexible; negotiating implies a willingness to consider options and alternatives in pursuit of an acceptable package. There may well be more than one way to meet the financial objectives of the new administrator. • Third, the council should be realistic. No matter how beautiful and desirable the community or position may be, no one (except in highly unusual circumstances) will accept the new position without an increase in pay over his or her present salary. In compensation negotiations, base salary is the place to start. The councilmember conducting the negotiation should keep these questions in mind. 1. Ultimately, what salary will be acceptable to the council? 2. What is the bargaining range? R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 18 3. What is the current salary of the applicant? 4. During the interview, what type of salary and total compensation package did the candidate discuss? ICMA, the National Association of Counties, and state leagues of cities and counties are sources of information on the salaries of administrators in local governments around the country. Elements of a total compensation package typically include: • Base salary. • Deferred compensation. • Severance pay. • Use of government car or car allowance. • Retirement plan. • Medical and other insurance (dental, optical, life, disability). • Vacation. • Holidays. • Sick leave. • Membership dues and conference attendance fees. Before the negotiation begins, the council should ask the candidate to provide a written itemization of current total compensation, along with a copy of a current employment agreement, if one exists. After receiving this information, council should outline a proposed package. Usually there will be no negotiation on some benefits that are similar from one local government to another, such as medical insurance or holidays. Variables most often relate to cash compensation, take -home pay, and particular financial objectives like deferred compensation. The proposed compensation package should (1) leave the individual whole on basic benefits; (2) provide an appropriate step forward in cash- related benefits; (3) ensure an increase in take -home pay, and (4) deal with any particular financial objectives that the new administrator may have. During the negotiations, some issues will arise that do not relate to the total compensation package but may well have significant financial implications for both the local government and the applicant. Both parties need to be flexible and realistic in dealing with these issues: Moving expenses. It is common for local governments to pay the one -time cost of moving the administrator and his or her family and household furnishings to the new local government. Sometimes both parties agree on a "not -to- exceed" figure based on estimates from moving companies. Temporary housing. An allowance for temporary housing is usually provided until the new administrator is able to sell his or her former home and /or relocate the family. Typically, this amount is sufficient to cover the cost of a modern furnished apartment or condominium. Again, both parties may agree to a fixed time period or amount. Commuting expenses. As with temporary housing, the local government often will agree to reimburse the administrator for periodic family visits or for the spouse /partner to visit for house - hunting purposes. Housing assistance. Regional variations in the cost of housing or housing financing can complicate the negotiations. There now is considerable precedent for local governments —using appropriate safeguards and R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 19 limits —to assist in the purchase and /or financing of housing for the new administrator. A.variety of options exist, including a loan, a salary supplement, or a shared equity purchase. Finally, the council should be prepared for the possibility that they will be unable to reach agreement on compensation or other matters with the first- choice candidate. In these instances, the local government typically enters into negotiations with its second - choice candidate. As indicated previously, once an agreement has been finalized, all other applicants should be promptly notified that they were not selected. Once salary, benefits, and other finance- related issues have been worked out, it is time to move to a few remaining and important transition activities. Transition Activities After the local government and new administrator have reached agreement on such issues as compensation, starting date, and method and timing of announcing the selection in the administrator's new and old local government, transition activities begin. Employment agreement. Written employment agreements are increasingly used to avoid any misunderstanding on the part of either party. It is in the interests of both the community and the manager to have a written summary of the terms and conditions of employment to which both parties have agreed. The stable working situation created by an agreement helps attract and keep top -flight managers in a generally mobile profession. Spelling out the salary, benefits, and other conditions of the manager's job puts those items where they belong —on a piece of paper where both parties can know what is expected —and removes them from the daily agenda of managers and elected officials. While such an agreement usually does not refer to a specific term of employment, permitting either the local government or the administrator to terminate for cause or at will, it should include a section providing the administrator with severance pay for a fixed period of time if he or she is terminated by the local government. This provides important personal and professional security for managers who have the rather unique situation of working at the pleasure of the governing body with the possibility of being dismissed for any reason at any time. While not a lengthy legal document, the employment agreement usually is drafted by the local government's attorney. The new administrator often is given an opportunity to prepare a first draft for consideration. ICMA recommends the use of employment agreements. If an employment agreement is not used, at a minimum a formal letter of understanding should be prepared. General assistance. For a smooth transition, the local government should offer whatever general assistance the new administrator might need in moving. Such assistance might include introductions to realtors and bankers, support to the spouse /partner in finding suitable employment, and similar activities. Orientation meetings. The local government should arrange to introduce the new administrator to department heads and local government staff. While the new administrator may have met some of these people during the interview process, a special meeting or reception can be a pleasant way to turn over responsibility. Similar meetings, briefing sessions, and /or receptions can be arranged to introduce the new administrator and his or her family to community groups, civic leaders, and citizens in general. Local government work session, orientation, and review of objectives. It is desirable to have an initial work session with the new administrator to discuss and clarify initial expectations on both sides and to review goals and objectives. Even though some of these issues may have been raised during the interview process, communication from the outset can help ensure a smooth working relationship. Performance evaluation. Using the position's goals and objectives as a starting point, the local government and new administrator should agree to an annual or semi - annual review of the performance of the administrator. This R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 20 established and formal process helps to ensure that communication between the parties is maintained, that progress is monitored, and that goals and objectives are reviewed and refined on a regular basis. Employment Agreements Here are some elements of an agreement that a council might consider: Preliminaries Duties Terms of the agreement Termination notice Removal and severance pay Salary Hours of work Automobile Moving expenses Home sale and purchase Dues and subscriptions Professional development Conferences General expenses Civic club memberships Vacation leave Military reserve leave Sick leave Disability insurance Health insurance Life insurance Deferred compensation and retirement programs Other fringe benefits General provisions Contract execution provisions Conclusion Recruitment and selection of a local government administrator is a comprehensive and complex process. As difficult as this process is, it has great potential to be a valuable and rewarding experience. Not only does it force local government officials to think about their objectives and priorities, but it gives them a rare opportunity to work together in a way seldom experienced when considering agenda items at a council meeting. If recruitment of a local government administrator is conducted according to the guidelines outlined in this document, the chances of developing a positive and beneficial long -term relationship among the council, the administrator, and the community are greatly enhanced. The process can and will work if it is well organized and planned. (See summary checklist and timetable.) This list reiterates some of the main steps that the local government must take for the recruitment to proceed smoothly, satisfactorily, and successfully. Be sure the recruiting process is well organized and coordinated from the outset. Recruitment Guidelines Handbook 21 • Maintain control of the process and the hiring decision; don't act impulsively but do move rapidly toward a selection once applications are in. • Be sure to involve in the recruitment only those who have demonstrated competent leadership skills or are knowledgeable about the process. • Remember that recruiting an administrator is a two -way street and that the local government has a responsibility to present the position attractively, to describe the operation of the local government, to show interest in the applicants, and to be competitive. • Assure all applicants that confidentiality will be maintained. • Know what you are looking for when recruiting to fill a vacant position; survey the needs of the local government. • Advertise for the position by defining clearly what you are looking for. • Identify and invite outstanding potential candidates to apply. • Acknowledge all applications and notify applicants of the status and timing of the recruitment. • Carefully review all resumes and applications against position requirements and criteria. • Evaluate the backgrounds of leading applicants and check work - related references as a basis for selecting finalists. • Use the traditional interview, assessment center evaluation, or some similar technique as a basis for making a hiring decision. • Negotiate a total compensation package and put all terms and conditions of employment in writing. Resource Groups Individual state and country organizations and state leagues of cities and counties are good resources to use when recruiting a local government administrator. They also publish a variety of newsletters and publications that are useful for advertising administrative positions. Here are organizations and publications with a national and international appeal and distribution: American Society for Public Administration (ASPA) 1120 G Street, N.W. Washington, D.C. 20005 202/393 -7878 Web site: http: / /Nvww.aspanet.org Publication: Public Administration Times International City /County Management Association (ICMA) 777 North Capitol Street, N.E., Suite 500 Washington, D.C. 20002 -4201 202/626 -4600 Web site: http: / /icma.org R e c r u i t m e n t G u i d e l i n e s H a n d b o o k Publications: ICMA Newsletter, Job Opportunities Bulletin for Minorities and Women in Local Government (J.O.B.) National Association of Counties (NACO) 440 First Street, N.W. Washington, D.C. 20001 202/393 -6226 Web site: http: / /www.naco.org Publication: County News National Association of County Administrators (NACA) 777 N. Capitol Street, N.E., Suite 500 Washington, D.C. 20002 -4201 202/962-3539 Web site: http: / /iema.org, click "Programs" under Shortcuts section Publication: NACA County Administrator National Forum for Black Public Administrators (NFBPA) 777 N. Capitol Street, N.E., Suite 807 Washington, D.C. 20002 202/408 -9300 Web site: http: / /www.nfbpa.org Publication: Job Hotline at 1- 888/766 -9951 (prompt is 401) National League of Cities (NLC) 13 01 Pennsylvania Avenue, N.W. Washington, D.C. 20004 -1763 202/626 -3000 22 Web site: http: / /www.nlc.org Publication: Nation's Cities Week/y R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 23 Suggested Interview Questions These general suggestions can be supplemented by more specific questions related to particular objectives, problems, and priorities of the local government: 1. Describe your background and experience. What have been the areas of emphasis? 2. How does your experience qualify you for this position? 3. Have you had experience in all areas of local government service? If you have not had experience in certain areas, how would you approach management in these areas? 4. What experience do you have with budget preparation and finance? 5. What experience do you have with personnel and labor relations? 6. How do you work with the news media? 7. How do you describe your management style? 8. What is your experience as a supervisor? How many people have you supervised? 9. Have you ever had to terminate an employee? What process did you follow? 10. What are your thoughts on performance evaluation? What process do you follow to set objectives and monitor performance? 11. How will you go about assessing the strengths and weaknesses of the organization and identifying opportunities to improve? 12. How do you approach the planning process? What system do you use to set objectives and priorities? 13. What is important to you in establishing effective working relations with others? 14. How do you view the relationship between the administrator and governing body? How do you view your relationship with department heads and local government staff? 15. What techniques have you found to be most successful in assisting local government officials establish and implement long- and short -range goals for the community? 16. To what extent do you believe contact with citizens and citizen groups is important? How do you typically handle this responsibility? 17. What experience have you had working on an intergovernmental or interagency basis? Have you worked directly with the state and federal governments, councils of governments, and other units of local government? 18. What will your first steps be upon assuming responsibility for this position? What do you hope to accomplish in the first year? 19. From your limited vantage point, what do you believe to be the challenges and opportunities facing our organization? How is this likely to change in the future? 20. What are your strengths and weaknesses? 21. Why are you interested in this position? 22. What are your expectations with respect to compensation? 23. What questions do you have of us [reference here is to members of the governing body]? Recruitment Guidelines Handbook 24 Suggested Interviewing Techniques Here are some recommended do's and don'ts when interviewing candidates. Remember that the law does not prohibit employers from obtaining all the information about a candidate they deem important, so long as the questions are job - related and do not elicit information that could be used for discriminatory purposes. Do: 1. Question objectively. Relate questions to the requirements of the job and be consistent from one applicant to the next. 2. Ask questions that require more than a yes or no answer. Use general or open - eneded questions. 3. Avoid unduly sympathetic or unsympathetic words, gestures, or facial expressions that would make the candidate think you agree or disagree with his or her answer. 4. Avoid posing a problem or situational question combined with possible solutions. Let the candidate generate his or her own solution. 5. Develop questions based on earlier statements made by the candidate. 6. Ask questions designed to encourage the candidate to reveal what knowledge and expertise he or she possesses. 7. Avoid "trick" questions. 8. Avoid displaying your personal opinions or viewpoints through the questions you ask. 9. Listen attentively to every question asked and every answer given. Make the candidate aware that you are listening by looking at him or her while speaking. Don't. 1. Let early biases form. 2. Ask unnecessarily long questions. 3. Let the candidate digress beyond the point of answering questions satisfactorily or showing that he or she is unable to answer what is being asked. 4. Ask confrontational or intimidating questions. Summary Checklist and Timetable Designate an interim administrator. Week 1 Obtain a status report on local government activities and projects. Week 1 Confirm the recruiting process that will be used. Week 2 o Determine who will be responsible for conducting the recruitment. o Establish criteria for the position. o Decide on scope of the recruitment and all steps involved. R e c r u i t m e n t G u i d e l i n e s H a n d b o o k • Confirm compensation parameters. • Establish a timetable for the recruitment process. • Prepare and place advertisements for the position in appropriate publications. Week 2 • Identify outstanding potential candidates and send them a written invitation to apply for the position. Weeks 3 and 4 • Personally contact the outstanding potential candidates as a follow-up to the written invitation to apply. Weeks 5 and 6 • Acknowledge all resumes as they are received. • Review all resumes after the application deadline has passed. Week 7 • Conduct work - related background checks on a smaller group of applicants and then reduce this number of finalists to a manageable number. Week 8 • Confirm the selection process that will be used. Week 9 • Determine finalists. • Determine policy on reimbursement of finalist expenses. • Establish a timetable for the selection process. • Notify finalists and schedule them for interviews. Week 9 • Conduct first and second interviews and make a selection. Weeks 10 and 11 • Negotiate terms and conditions of employment and put all terms in writing. Week 12 • Finalize related arrangements. Week 12 • Determine a starting date. • Confirm a method of announcing the hiring decision. o Advise all other applicants of their status. o Plan an orderly transition. Suggested Administrator Profile 25 Developing a profile of the ideal administrator provides the background against which to evaluate candidates for the position. Here is a checklist that any community can use as a model. Each council or board member can begin by filling out the form, and then all members of the governing body can use the individual rankings to reach a consensus on how the group rates each item. Remember that each community has some specific issues or concerns that rank higher than others. An honest evaluation of what skills and attributes are most important to a community is critical at this point. R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 26 Once the council has reached consensus, one or two members who are capable writers can convert the checklist into a profile similar to the sample here. This profile can be shared with candidates who apply for the position so that they have a clear picture of the governing body's preference. All people involved in the job interviews should also have copies of the profile so that everyone is working from a common understanding of the type of person the elected officials are seeking. Preparing this profile provides a unique opportunity to clarify and codify the skills and attributes that a community is looking for in an administrator. Local officials should make the most of this chance to get the best possible fit between the council and the administrator. Format for an Administrator Profile (For Council Use) Describe the background, skills, and qualities you feel your locality needs in an administrator. General 1. Relevant Education 2. Relevant Experience Skills and Past Performance 1. Council Relations 2. Administrative Ability 3. Written and Oral Communication Skills 4, Budget /Finance/Information Technology 5. Human Resources /Risk Management/ Benefits Administration 6. Labor Relations /Collective Bargaining Importance (High, Medium, Low) 7. Community Relations B. Intergovernmental Relations 9. Economic Development /Revitalization 10. Innovation and Major Achievements 11. Infrastructure and Facilities 12. Specialized expertise that might pertain to your locality, e.g. utility management, solid waste, and landfill management (be specific) Recruitment Guidelines Handbook 27 Sample Administrator Profile Education and Experience A bachelor's degree or equivalent experience in local government should be required, a master's degree preferred. A minimum of three years of public administration experience is required, with five years preferred. Past local government experience of individual must show performance in areas that include budgeting and finance, human resource management, information technology, risk management, grants procurement and administration, economic development strategies, understanding of state laws, and other related matters including land use planning, zoning regulations, engineering, and public works. Prior [state] experience preferred. Experience and knowledge in local government accounting is desirable. Skills and Past Performance Administrative ability. Must have demonstrated performance in human resources and /or collective bargaining for a community having not less than 10 employees. Good communication skills are a must, including the ability to listen, communicate with various segments of the community, and develop good relations with the business community. Person must be willing to devote whatever time is necessary to achieve the goals and guidelines established by the council. Knowledge of how to organize departments and demonstrated leadership qualities are desirable. Council relations. Ability to take time and interest in working with councilmembers to keep them informed and explain technical processes. Should be able to adequately inform the council on a regular basis so there are no surprises. Both written and oral communications with the council are essential. The person must be able to accept constructive criticism and to implement the needed changes. Candidate must be open and honest with the council and able to present all sides of an issue that affect the locality. The individual must be able to carry out the intentions and directions of the council enthusiastically. Budget and finance. Should have demonstrated prior experience in managing a city or county budget. Experience and expertise in grant procurement is desirable, as well as dealing with locally -owned utility finances. Collective bargaining /human resource management. Must have some knowledge of [state] labor relations law, with preferred demonstrated ability in the collective bargaining process. Must demonstrate a personality that can communicate the local government's goals and needs to employees. Community relations. Candidate must have demonstrated involvement in community activities. Experience working with and understanding the needs of the business community is highly desirable. Candidate should be able to present a confident image of the local government to the community at large. Must be able to demonstrate a positive, productive attitude to citizens of the community. Intergovernmental relations. Must be able to relate to and develop a good working relationship with other local governments, county governments, community organizations, schools, and state and federal agencies. Editorial credit. The "Suggested Interview Techniques," "Format for an Administrator Profile," and "Sample Administrator Profile," sections of this document were originally published in A Guide to Hiring a Chief Administrative Officer produced by the Illinois City /County Management Association, Center for Governmental Studies, Northern Illinois University, DeKalb, Illinois. City Manager Compensation Survey (AWC) am Bellevue (120,600) Bellingham (76,130) Everett (103,500) Federal Way (88,580) Kennewick (67,180) Kent (88,380) Lakewood (58,840) Pasco (54,490) Renton (83,650) Shoreline (54,320) Spokane (205,500) Spokane Valley (89,440) Tacoma (203,400) Vancouver (164,500) Yakima (84,850) Averages Median Executive Officer Compensation (Spokane MSA)* *Source: Washington State Employment Security Department $12,983.00 Iv Salary Range Title Low High Flat Rate City Manager $17,983 Chief Administrative Officer $10,125 Chief Administrative Assistant $9,831 $12,806 City Manager $12,669 City Manager $8,336 $12,315 Chief Administrative Officer $9,461 $13,244 City Manager $12,629 City Manager $12,149 Chief Administrative Officer $10,900 $13,272 City Manager $13,991 City Administrator $10,927 City Manager $13,841 City Manager $15,300 $19,614 City Manager $14,304 City Manager $9,559 $11,618 $10,565 $13,812 $13,180 Median Executive Officer Compensation (Spokane MSA)* *Source: Washington State Employment Security Department $12,983.00 Iv Chapter 2.15 http: / /www.codepublishing. com/ WA/ SpokaneValley /spva102 /spvaIO2... Chapter 2.15 CITY MANAGER Sections: 2.15.010 Office established —Appointment. 2.15.020 Duties, powers and responsibilities. 2.15.030 Personnel authority. 2.15.040 Creation of departments — Offices and positions — Council audit. 2.15.050 Removal from office. 2.15.060 Salary. 2.15.070 Residency. 2.15.010 Office established — Appointment. There is created the office of city manager. The city manager shall be appointed by the city council for an indefinite term. (Ord. 23 § 1, 2003). 2.15.020 Duties, powers and responsibilities. The powers and duties of the city manager shall be to: A. Serve as chief executive and administrative officer of the City, supervising, administering, and coordinating the activities and functions of the various City offices and departments as established by the City's ordinances and the policies of the city council; B. Appoint and remove at any time all department directors, officers, and employees of the City, except members of the city council, subject to the provisions of any applicable contract, law, rule or regulation relating to civil service; C. Appoint the municipal judge(s) of the City, subject to confirmation by the city council; D. Attend all meetings of the city council unless unavailable or excused by the mayor; E. Recommend for adoption by the city council such measures as are necessary or expedient; F. Upon council approval, execute contracts and other instruments on behalf of the City; G. Prepare and submit to the city council such reports as may be required or deemed advisable; H. Periodically, advise the city council as to the financial condition of the City and its future needs; I. Prepare and submit to the city council a proposed budget for the fiscal year, and be responsible for its administration upon adoption; J. Supervise all expenditures by the various City offices, departments, and boards within the limitations of the annual budget of the City; K. Make transfers between individual appropriations including allowances for budget items, departments and salary classifications within any one fund; provided, the same is reported to the city council or committee thereof, showing expenditures, liabilities and receipts against each separate budget appropriation during the period; and L. Represent the City at meetings with other governmental units, agencies, commissions, and associations as deemed necessary or as directed by the city council. (Ord. 23 § 2, 2003). 2.15.030 Personnel authority. The city manager shall serve as the personnel officer for the City and be responsible for and have the authority to monitor and enforce the City personnel policies. The city manager will establish procedures to ensure that all department heads and their employees, as the highest administrative priority, understand and execute the principles of outstanding customer service for the citizens of the City of Spokane Valley. The city manager must possess and demonstrate the above principles and periodically report to the city council 1 of 2 3/31/2010 2:06 PM Chapter 2.15 http://www.codepublishing.com/WA/SpokaneValley/spva102/spvaIO2 efforts and examples of enhanced service delivery. The city manager during the annual budget process shall make recommendations concerning compensation of appointive officers, department directors, and employees which shall be fixed by ordinance. The appointive officers shall include a city clerk and a chief of police. Upon approval of the annual budget, the city manager is authorized to make salary adjustments within the annual budget appropriations upon the exercise of reasonable discretion. (Ord. 23 § 3, 2003). 2.15.040 Creation of departments — Offices and positions — Council audit. The city manager shall recommend the creation, elimination, consolidation and modification of departments, offices and positions as necessary or advisable for the efficient operation of the City, as well as the power and duties of each department, office and position. The city manager may delegate to any officer or position any duties required or authorized to be performed by the city manager. The city manager shall designate in writing an acting city manager to be responsible during extended absences of the city manager from the City. The acting city manager shall have all power and authority of the city manager during the absence. The city council reserves the right to cause a performance of financial audit to be made of any department or office within the City and may select the persons or entity to make such audit without the advice or consent of the city manager. The scope of the audit and the results shall be reported directly to the city council. This audit authority shall be exercised in a manner consistent with the power of the city council to define the functions, powers, duties, compensation and working conditions of officers and employees, including the authority to create departments, offices and employments as necessary or advisable. (Ord. 23 § 4, 2003). 2.15.050 Removal from office. The city manager shall be appointed for an indefinite term and may be removed by a majority vote of the city council in accordance with the provisions of RCW 35A.13.130 and 35A.13.140. (Ord. 23 § 5, 2003). 2.15.060 Salary. The salary of the city manager shall be as approved by the city council in the annual budget. (Ord. 23 § 6, 2003). 2.15.070 Residency. The city manager is not required to be a resident of the City on the date of city council appointment but shall reside in Spokane County within six months of such appointment, unless otherwise waived by the city council. (Ord. 23 § 7, 2003). This page of the Spokane Valley Municipal Code is current City Website: http: / /www.spol<anevalley.org/ through Ordinance 10 -004, passed February 23, 2010. (http: / /www,spokanevalley.org /) Disclaimer: The City Clerk's Office has the official version of the City Telephone: (509) 688 -0177 Spokane Valley Municipal Code. Users should contact the City Code Publishing Company Clerk's Office for ordinances passed subsequent to the ( http: / /www.codepublishing.com /) ordinance cited above. 2 of 2 3/31/2010 2:06 PM CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 20, 2010 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Washington Open Public Meeting Act — Review GOVERNING LEGISLATION: RCW 42.30 PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: The Council requested information regarding the Washington Open Public Meeting Act (OPMA) with regard to the pre- meeting suppers previously held. The attached memorandum address this issue is a broader sense in an effort to be instructive to the Council for future applications as well in other circumstances. OPTIONS: NA RECOMMENDED ACTION OR MOTION: NA BUDGET /FINANCIAL IMPACTS: NA STAFF CONTACT: Mike Connelly, City Attorney; Cary Driskell, Deputy City Attorney ATTACHMENTS: Memorandum dated April 6, 2010. . OFFICE OF THE CITY ATTORNEY CITY OF '� �� MICHAEL F. CONNELLY - CITY ATTORNEY CARY P. DRISKELL - DEPUTY CITY ATTORNEY _ r, 11707 East Sprague Avenue Suite 103 ♦ Spokane Valley WA 99206 509.688.0235 ♦ Fax: 509.688.0299 ♦ cityattorney@spokanevalley.org L3 Tax "I, flT 74, "10, M To: Mike Jackson, City Manager From: Cary P. D , eputy City Attorney CC: Mike Connelly, City Attorney Date: April 6, 2010 Re: Open Public Meeting Act Question Presented: What constitutes a meeting for purposes of Washington's Open Public Meetings Act (OPMA)? Brief Answer: This question arose in the context of whether the pre- meeting meals for Council, and staff who are required to attend the Council meeting, constitute a meeting for the purposes of the OPMA. We will take this opportunity to provide a broader background of the OPMA so the Council will understand its requirements in other contexts. Analysis: RCW 42.30.030 states that "All meetings of the governing body of a public agency shall be open and public and all persons shall be permitted to attend any meeting of the governing body of a public agency, except as otherwise provided in this chapter." RCW 42.30.020(4) defines "meeting" as "meetings at which action is taken." RCW 42.30.020(3) defines "action" as "the transaction of the official business of a public agency by a governing body including but not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations, and final actions. .'Final action' means a collective positive or negative decision, or an actual vote by a majority of the members of a governing body when sitting as a body or entity, upon a motion, proposal, resolution, order, or ordinance." Included as Attachment I is a copy of the RCA and Resolution 04 -004 establishing the City's Meeting and Customer Relation Policy. Included as Attachment 2 is a copy of the RCA from March 23, 2010 providing background information on Council meals. Included as Attachment 3 to this memorandum is a memo from City Attorney Mike Connelly from February 2010 regarding the OPMA. Included as Attachment 4 to this memorandum is RCW 42.30, the "Open Public Meeting Act ". A link is found at: http:i/ apps. le /rciv/default.asav ?cite = 42.30 &full =tare Included as Attachment 5 to this memorandum is a copy of several questions and answers to Municipal Research Services Council (MRSQ of what is constitutes a meeting that is subject to the OPMA. This provides additional background from which Council members can analyze individual meetings in the future. Conclusion: The analysis focuses not on the type of meeting, or where it is, but instead what occurs at the meeting to determine whether there has been a violation of the OPMA. If "action" is taken as defined by RCW 42.30.020(3) is taken, then the public must have been given prior notice. Conversely, if no action is planned and does not subsequently occur, then it is not a "meeting" for purposes of the Act. J CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 17, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business X new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Refreshment Policy PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: The City often provides coffee, tea, soft drinks, light meals and other refreshments prior to, during and/or after City meetings. While this is common practice for most cities, staff wondered if the State Auditor's Office had a formal position on this practice. After discussions with representatives of the State Auditor's Office, staff found that a formal policy regarding this practice is preferred. Attached is a proposed resolution and policy for the City Council's review r OPTIONS: 1.) Accept the proposed policy by passing the resolution; 2.) Modify the proposed policy and resolution; 3.) Determine the City doesn't need the policy but continue providing refreshments for City meetings; . 4.) Discontinue the practice of providing refreshments RECOMMENDED ACTION OR MOTION: Place this resolution on the February 24�. agenda for approval BUDGET /FINANCIAL IMPACTS: Little. A small amount of money could be saved if no refreshments were served, however providing refreshments is a common practice in private industry and government, and refreshments often make the meeting more user friendly. STAFF CONTACT: Ken Thompson, Finance Director Attachment 1 CITY OF SPOKANE VALLEY SPOKANE, COUNTY, WASHINGTON RESOLUTION NO. 04 -004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY; WASHINGTON ADOPTING THE CITY OF SPOKANE VALLEY MEETING AND CUSTOMER RELATION POLICY. WHEREAS, the City Council of the City of Spokane Valley, Washington recognizes the need to supply coffee, refreshments and occasional meals to the public, staff and elected officials during working hours as well as during evening meetings as a contribution to the public process and for employees and council members as a benefit of employment; and WH FLEAS, there is a need to hold certain City meetings during normal meal times; and WHEREAS, the City sponsors a number of special events or programs where serving refreshments would be appropriate; and WTTEREAS, this proposed Meeting and Customer Relation Policy would allow payment of the necessary expenses for providing refreshments when approved by the City Manager or authorized designee. NOW, THEREFORE BE IT RESOLNITM that the City Council of the City of Spokane Valley, Washington adopts the City of Spokane Valley Meeting and Customer Relation Policy attached hereto as Exhibit 1. ADOPTED this 24' day of February 2004. Mike DeVleming, May A c Ctrristine Bainbridge, City Clerk Resolution 04-004 Refreshment Policy EXHIBIT I MMING Al \rra CUSTOMER RELATION POLICY The purpose of this policy is to authorize the provision of coffee and light refreshments or meals at City government sponsored meetings, social gatherings and training sessions Approval for serving coffee and light refreshments or meals must be specifically approved by the City Manager or his/her authorized designee. All legally authorized boards and commissions may provide coffee, meals and /or light refreshments at their official public meetings, including executive sessions. The City is not required to provide coffee, meals and/or light refreshments at meetings DEF WrIONS A. COFFEE - Coffee encompasses any non - alcoholic beverage, such as tea, water, soft drinks, juice, or milk. B. LIG14T RrFRESMMENT - An edible item that may be served between meals, including but not limited to doughnuts, muffins, bagels, sweet rolls, fruits, vegetables, meat or cheese. C. MEALS - edible items that are usually served at it like and appropriate time of day matching the scheduled meeting time, including but not limited to soup, sandwiches, salads, and pizza. D. OFFICIAL CITY BUSKESS - Activities performed or authorized by a City official or employee in order to accomplish City programs. PROCEDURES i . The City ;Manager or his /her authorized designee may approve the serving of coffee, meals and light refreshments in the conduct of City business at certain City- sponsored meetings. This authority is not intended for use with the normal daily business of employees or officials, but rather for special situations or occasions, as determined by the City Manager or authorized designee, where: 2. the purpose oFthe meeting is to conduct City business, prepare for meetings or provide training sessions that benefit the City, recognize City or employee accomplishments and/or discuss City issues. and 3. The meeting involves elective or appointive officials, City employees, or others the City is legally authorized to reimburse, and The City obtains a receipt for the actual costs of the coffee, meals and/or light refreshments, and The staff person responsible for the meeting receives approval for the serving of coffee, meals and/or light refreshments, and If a meal is served, the meeting is scheduled at normal meal times so that City officials and employees are precluded from having meals on their own time. Resolution 04 -004 Refreshment Policy CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 23, 2010 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ® information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Refreshment Policy: Spokane Valley Meeting and Customer Relation Policy GOVERNING LEGISLATION: Spokane Valley Resolution 04 -004 BACKGROUND, PREVIOUS COUNCIL ACTION TAKEN: Prior to this City's official incorporation date of March 31, 2003, and during the first few years of incorporation, councilmembers and staff were on a feverish meeting schedule, and several times met more than once a night. From multiple council meetings to numerous committee meetings, members of the then council felt it would be reasonable to take a few moments to share a meal together prior to the council meeting. This informal setting gave staff and councilmembers an opportunity to relax before a meeting, and to get to know each other in a non - intimidating atmosphere. Because the Open Public Meetings Act only applies to meetings and not social gatherings, this was deemed legitimate. Social gatherings are expressly excepted from the Open Public Meetings Act unless, of course, official business is discussed or transacted at the gatherings. RCW 42.30.070 provides in relevant part as follows: "It shall not be a violation of the requirements of this chapter for a majority of the members of a governing body to travel together or gather for purposes other than a regular meeting or a special meeting as these terms are used in this chapter: PROVIDED, That they take no action as defined in this chapter." The Act defines the term "meeting" to be any meeting "at which action is taken." The term 'action" is defined as: the transaction of the official business of a public agency by a governing body including but not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations, and final actions. Final action means a collective positive or negative decision, or an actual vote by a majority of the members of a governing body when sitting as a body or entity, upon a motion, proposal, resolution, order, or ordinance. During the February 17, 2004 council meeting, Finance Director Thompson explained that the City often provides refreshment and light meals prior to, during and /or after city meetings and that the State Auditor's Office advised that a formal policy regarding this practice was preferred; hence on February 24, 2004 Council adopted Resolution 04 -004 adopting the City's meeting and customer relation policy, a copy of which is attached. It should be noted that part of the policy states that "The City is not required to provide coffee, meals and /or light refreshments at meetings" and that this resolution does not obligate such practice, but does permit it. OPTIONS: Meals are at council discretion. They can be continued or discontinued at any time. RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS: Policy Resolution 04 -004; 2009 Expenses for Meals prior to Council meeting Attachment 2 Spokane jVane Memorandum OFFICE OF THE CITY ATTORNEY MICHAEL F. CONNELLY - CITY ATTORNEY CARY P. DRISKELL - DEPUTY CITY ATTORNEY 11707 East Sprague Avenue Suite 103 ♦ Spokane Valley WA 99206 509.688.0235 ♦ Fax: 509.688.0299 ♦ cityattorney@spokanevalley.org To: Mayor Tom Towey and Councilmembers From: Mike Connelly, City Attorney; Jeana Poloni, Legal Intern CC: Mike Jackson, Deputy City Manager Date: February 2, 2010 Re: Survey - Application of Open Public Meetings Question Presented: What activities have Washington courts declared as violations of the Open Public Meetings Act, and what activities have the courts found not to be in violation of the Open Public Meetings Act? Brief Answer: • Below is a summary of cases detailing whether various activities have constituted a violation of the Open Public Meetings Act. Analysis: Cases discussing the Open Public Meetings Act Washington Public TrustAdvocates v. City of Spokane, 120 Wn. App. 892, 86 P.3d 835 (Div. 3, 2004). The Mayor of Spokane, with the Council's approval, appointed special counsel to assist the city in litigation involving River Park Square and other related matters. A member of the Council believed the attorney should seek prior Council approval of litigation decisions rather than taking directions from the Mayor. The Court determined that the Mayor's private conferences with special counsel concerning ongoing litigation did not violate OPMA. Feature Realty, Inc. v. City of Spokane, 331 F.3d 1082 (2003). During a regular legislative session, the Council members adjourned to an executive session for the express purpose of discussing whether or not to approve a settlement to existing litigation. Although no formal vote took place, an informal consensus was reached to approve the settlement. The legal issue was whether the Council was entitled to approve the settlement behind closed doors pursuant to the exception which allows a government actor to discuss "(1) ... with counsel (2) actual or potential litigation (3) where public knowledge of the discussion is likely to cause adverse legal or financial consequences." The action of conducting the informal consensus was beyond the scope of the exception, and as such should have been conducted in public. Eugster v. City of Spokane, 118 Wn. App. 383, 76 P.3d 741 (Div. 3, 2003). City Council members who opposed a redevelopment project sought to declare void a city ordinance for violation of the OPMA. There was an allegation that there may have been meetings with representatives of Standard & Poor's, and Coopers & Lybrand, two accounting firms involved in the project, outside of the public process. The Court found that the City Council adopted the ordinance in a public meeting after listening to a great deal of public comments, including presentations by Standard & Poor's and Coopers & Lybrand. Also, it was stated that the declarations and exhibits did not raise a reasonable inference that a majority of the City Council held meetings and took action in knowing violation of OPMA at any alleged meetings. The main focus of the Court was that, even if the challenged meetings violated OPMA, such violations do not nullify the properly enacted ordinance. Clark v. City of Lakewood, 259 F.3d 996 (2001). The Lakewood City Council authorized the Lakewood Planning Advisory Board to analyze adult entertainment uses within the city. The Board formed a subcommittee, the Task Force, which conducted several meetings, the majority of them closed to the public. The Task Force presented a report which was a basis on which the adult entertainment regulations could be amended if Council deemed it appropriate. The Council held a public meeting where the proposed adult cabaret ordinance was adopted. The Court determined that OPMA applied to the Task Force because it was created as a committee of the Planning Advisory Board, which is a governing body. Since the majority of its meetings were closed to the public, the Task Force violated the OPMA. Although RCW 42.30.060(1) provides that any action taken at a meeting held in violation of the Open Public Meetings Act is null and void, the statute does not require that subsequent actions taken in compliance with the Act are also invalidated. But, where action taken in open session merely ratifies an action taken in violation of the Act, the ratification is also null and void. Wood v. Battle Ground School District, 107 Wn. App. 550, 27 P.3d 1208 (Div. 2, 2001). School board members -elect Sharp, Striker, and Sonntag met with Board member Kim at Sonntag's house where they discussed Board business. Sharp, Striker, Sonntag, and Kim also exchanged a series of e -mail messages about Board business before and after the three members -elect took the oath of office. The Court concluded that there was a meeting" through the use of e -mail. The post -oath e -mail discussions involved a quorum of the five - member Board and related to Board business. The active exchange of information and opinions in the series of e- mails, as opposed to the mere passive receipt of information, suggest a collective intent to deliberate and /or to discuss Board business. The Court held that the OPMA does not cover persons elected but not yet sworn into public office, but that under some circumstances e -mail communications can constitute a "meeting." "Meeting" is broadly defined, and as such, a series of e -mail communications may be a "meeting" when a majority of the governing body is involved and transacts the governing body's official business. However, OPMA is not implicated when members receive information about upcoming issues or communicate amongst themselves about matters unrelated to the governing body's business via e -mail. 2 Miller v. City of Tacoma, 138 Wn. 2d 318, 979 P.2d 429 (1999). In this case, secret balloting during closed executive sessions of City Council was challenged as a violation of the OPMA. The Court determined that the executive session was a "meeting" subject to the OPMA, which required it to be open to the public unless an exception applied. An exception exists for executive sessions in which evaluations for "the qualifications of an applicant for public employment" are conducted. See RCW 42.30.110(1). However, the Court concluded that balloting is not an "evaluation." Therefore, the City of Tacoma and the City Council were in violation of the OPMA. Organization to Preserve Agricultural Lands v. Adams County, 128 Wn.2d 869, 913 P.2d 793 (1996). A group of Adams County Commissioners discussed a proposal over the phone and agreed on how they would vote on the proposal before a public meeting. The Court concluded that even if the commissioners did discuss the substance of the proposal in private, the action to issue the permit was valid because it took place at a proper open meeting. Thus, any "action" taken during the phone call would be invalidated, but that subsequent actions taken in compliance with the act are not invalidated. • Even if the subsequent action is in compliance with OPMA and is deemed valid, the Council members may still be subject to liability and civil penalty for attending the prior meeting which was in violation of OPMA. See RCW 42.30.120. Snohomish County Improvement Alliance v. Snohomish County, 61 Wn. App. 67, 808 P.2d 781 (Div. 1, 1991). The Snohomish County Improvement Alliance contended that a decision of the Council, which reversed the hearing examiner, violated OPMA since it contained findings and conclusions in the written decision that were not decided at the Council meeting. The Court determined that there was no violation of OPMA since written findings and conclusions entered by a public body adjudicating land use issues may serve to elucidate the scope of the body's immediate oral decisions. Further, the findings accurately reflected the proceedings and the deliberations involved in the application process. AGO 1971 No. 33 - The question presented to the Attorney General's Office inquired whether, and to what extent, OPMA applies to "informal gatherings, briefing sessions, informal discussions, and other meetings where no formal vote is taken." The opinion stated that "if a majority of the members of a governing body should meet, even informally, in order to consider matters which are within the ambit of the agency's official business, then there will occur a `meeting at which action is taken' under the Washington act." Further, a social function could be a violation under the Act "if it is scheduled or designed (at least in part) for the purpose of having members of the governing body discuss official business either between themselves or with other interested parties." 3 Chapter 42.30 RCW: Open public meetings act Page 1 of 8 Chapter 42.30 RCW Open public meetings act RCW Sections 42.30.010 Legislative declaration. 42.30.020 Definitions. 42.30.030 Meetings declared open and public. 42.30.040 Conditions to attendance not to be required. 42.30.050 Interruptions -- Procedure. 42.30.060 Ordinances, rules, resolutions, regulations, etc., adopted at public meetings -- Notice -- Secret voting prohibited. 42.30.070 Times and places for meetings -- Emergencies -- Exception. 42.30.075 Schedule of regular meetings -- Publication in state register -- Notice of change -- "Regular" meetings defined. 42.30.080 Special meetings. 42.30.090 Adjournments. 42.30. 100 Continuances. 42.30.110 Executive sessions. 42.30.120 Violations -- Personal liability -- Penalty -- Attorney fees and costs. 42,30.130 Violations -- Mandamus or injunction. 42.30.140 Chapter controlling -- Application. 42.30.200 Governing body of recognized student association at college or university -- Chapter applicability to. 42.30.210 Assistance by attorney general. 42.30.900 Short title. 42.30.910 Construction -- 1971 ex.s. c 250. 42.30.920 Severability -- 1971 ex.s. c 250. Notes: Drug reimbursement policy recommendations: RCW 43.20A.365. 42.30.010 Legislative declaration. The legislature finds and declares that all public commissions, boards, councils, committees, subcommittees, departments, divisions, offices, and all other public agencies of this state and subdivisions thereof exist to aid in the conduct of the people's business. It is the intent of this chapter that their actions be taken openly and that their deliberations be conducted openly. The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. [1971 ex.s. c 250 § 1.] Notes: Reviser's note: Throughout this chapter, the phrases "this act" and "this 1971 amendatory act" have been changed to "this chapter." "This act" [1971 ex.s. c 250] consists of this chapter, the amendment to RCW 34.04.025, and the repeal of RCW 42.32.010 and 42.32.020. Attachment 4 http: // apps .leg.wa.gov /rew /default.aspx ?cite= 42.30 &full =true 4/6/2010 Chapter 42.30 RCW: Open public meetings act Page 2 of 8 42.30.020 Definitions. As used in this chapter unless the context indicates otherwise: (1) "Public agency" means: (a) Any state board, commission, committee, department, educational institution, or other state agency which is created by or pursuant to statute, other than courts and the legislature; (b) Any county, city, school district, special purpose district, or other municipal corporation or political subdivision of the state of Washington; (c) Any subagency of a public agency which is created by or pursuant to statute, ordinance, or other legislative act, including but not limited to planning commissions, library or park boards, commissions, and agencies; (d) Any policy group whose membership includes representatives of publicly owned utilities formed by or pursuant to the laws of this state when meeting together as or on behalf of participants who have contracted for the output of generating plants being planned or built by an operating agency. (2) "Governing body" means the multimember board, commission, committee, council, or other policy or rule- making body of a public agency, or any committee thereof when the committee acts on behalf of the governing body, conducts hearings, or takes testimony or public comment. (3) "Action" means the transaction of the official business of a public agency by a governing body including but not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations, and final actions. "Final action" means a collective positive or negative decision, or an actual vote by a majority of the members of a governing body when sitting as a body or entity, upon a motion, proposal, resolution, order, or ordinance. (4) "Meeting" means meetings at which action is taken. [1985 c 366 § 1; 1983 c 155 § 1; 1982 1st ex.s. c 43 § 10; 1971 ex.s. c 250 § 2.] Notes: Severability -- Savings - -1982 1st ex.s. c 43: See notes following RCW 43.52.374. 42.30.030 Meetings declared open and public. All meetings of the governing body of a public agency shall be open and public and all persons shall be permitted to attend any meeting of the governing body of a public agency, except as otherwise provided in this chapter. [1971 ex.s. c 250 § 3.] 42.30.040 Conditions to attendance not to be required. A member of the public shall not be required, as a condition to attendance at a meeting of a governing body, to register his name and other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his attendance. [1971 ex.s. c 250 § 4.] http: // apps .leg.wa.gov /rcw /default.aspx ?cite= 42.30 &full =true 4/6/2010 Chapter 42.30 RCW: Open public meetings act 42.30.050 Interruptions — Procedure. Page 3 of 8 In the event that any meeting is interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are interrupting the meeting, the members of the governing body conducting the meeting may order the meeting room cleared and continue in session or may adjourn the meeting and reconvene at another location selected by majority vote of the members. In such a session, final disposition may be taken only on matters appearing on the agenda. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the governing body from establishing a procedure for readmitting an individual or individuals not responsible for disturbing the orderly conduct of the meeting. [1971 ex.s. c 250 § 5.] 42.30.060 Ordinances, rules, resolutions, regulations, etc., adopted at public meetings — Notice — Secret voting prohibited. (1) No governing body of a public agency shall adopt any ordinance, resolution, rule, regulation, order, or directive, except in a meeting open to the public and then only at a meeting, the date of which is fixed by law or rule, or at a meeting of which notice has been given according to the provisions of this chapter. Any action taken at meetings failing to comply with the provisions of this subsection shall be null and void. (2) No governing body of a public agency at any meeting required to be open to the public shall vote by secret ballot. Any vote taken in violation of this subsection shall be null and void, and shall be considered an "action" under this chapter. [1989 c 42 § 1; 1971 ex.s. c 250 § 6.] 42.30.070 Times and places for meetings — Emergencies — Exception. The governing body of a public agency shall provide the time for holding regular meetings by ordinance, resolution, bylaws, or by whatever other rule is required for the conduct of business by that body. Unless otherwise provided for in the act under which the public agency was formed, meetings of the governing body need not be held within the boundaries of the territory over which the public agency exercises jurisdiction. If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day. If, by reason of fire, flood, earthquake, or other emergency, there is a need for expedited action by a governing body to meet the emergency, the presiding officer of the governing body may provide for a meeting site other than the regular meeting site and the notice requirements of this chapter shall be suspended during such emergency. It shall not be a violation of the requirements of this chapter for a majority of the members of a governing body to travel together or gather for purposes other than a regular meeting or a special meeting as these terms are used in this chapter: PROVIDED, That they take no action as defined in this chapter. [1983 c 155 § 2; 1973 c 66 § 1; 1971 ex.s. c 250 § 7.] 42.30.075 Schedule of regular meetings — Publication in state register — Notice of change — "Regular" meetings defined. State agencies which hold regular meetings shall file with the code reviser a schedule of the time and place of such meetings on or before January of each year for publication in the Washington state register. Notice of any change from such meeting schedule shall be published in the state register for distribution at least twenty days prior to the rescheduled meeting date. For the purposes of this section 'regular" meetings shall mean recurring meetings held in accordance with a periodic schedule declared by statute or rule. [1977 ex.s. c 240 § 12.] Notes: Effective date -- Severability - -1977 ex.s. c 240: See RCW 34.03.905 and 34.03.910. http: // apps .leg.wa.gov /rcw /default.aspx ?cite= 42.30 &fall =true 4/6/2010 Chapter 42.30 RCW: Open public meetings act Page 4 of 8 Public meeting notices in state register: RCW 34.08.020. 42.30.080 Special meetings. A special meeting may be called at any time by the presiding officer of the governing body of a public agency or by a majority of the members of the governing body by delivering written notice personally, by mail, by fax, or by electronic mail to each member of the governing body; and to each local newspaper of general circulation and to each local radio or television station which has on file with the governing body a written request to be notified of such special meeting or of all special meetings. Such notice must be delivered personally, by mail, by fax, or by electronic mail at least twenty -four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings by the governing body. Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the governing body a written waiver of notice. Such waiver may be given by telegram, by fax, or electronic mail. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. The notices provided in this section may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage. [2005 c 273 § 1; 1971 ex.s. c 250 § 8.] 42.30.090 Adjournments. The governing body of a public agency may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from any regular or adjourned regular meeting the clerk or secretary of the governing body may declare the meeting adjourned to a stated time and place. He shall cause a written notice of the adjournment to be given in the same manner as provided in RCW 42.30.080 for special meetings, unless such notice is waived as provided for special meetings. Whenever any meeting is adjourned a copy of the order or notice of adjournment shall be conspicuously posted immediately after the time of the adjournment on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held. When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings by ordinance, resolution, bylaw, or other rule. [1971 ex.s. c 250 § 9.] 42.30.100 Continuances. Any hearing being held, noticed, or ordered to be held by a governing body at any meeting may by order or notice of continuance be continued or recontinued to any subsequent meeting of the governing body in the same manner and to the same extent set forth in RCW 42.30.090 for the adjournment of meetings. [1971 ex.s. c 250 § 10.] 42.30.110 Executive sessions. (1) Nothing contained in this chapter may be construed to prevent a governing body from holding an executive session during a regular or special meeting: http: // apps .leg.wa.gov /rcw /default.aspx ?cite= 42.30 &full —true 4/6/2010 Chapter 42.30 RCW: Open public meetings act Page 5 of 8 (a) To consider matters affecting national security; (b) To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price; (c) To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price. However, final action selling or leasing public property shall be taken in a meeting open to the public; (d) To review negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs; (e) To consider, in the case of an export trading company, financial and commercial information supplied by private persons to the export trading company; (f) To receive and evaluate complaints or charges brought against a public officer or employee. However, upon the request of such officer or employee, a public hearing or a meeting open to the public shall be conducted upon such complaint or charge; (g) To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public; (h) To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public; (i) To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. This subsection (1)(i) does not permit a governing body to hold an executive session solely because an attorney representing the agency is present. For purposes of this subsection (1)(i), "potential litigation" means matters protected by RPC 1.6 or RCW 5.60.060(2)(a) concerning: (A) Litigation that has been specifically threatened to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party; (B) Litigation that the agency reasonably believes may be commenced by or against the agency, the governing body, or a member acting in an official capacity; or (C) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency; 0) To consider, in the case of the state library commission or its advisory bodies, western library network prices, products, equipment, and services, when such discussion would be likely to adversely affect the network's ability to conduct business in a competitive economic climate. However, final action on these matters shall be taken in a meeting open to the public; (k) To consider, in the case of the state investment board, financial and commercial information when the information relates to the investment of public trust or retirement funds and when public knowledge regarding the discussion would result in loss to such funds or in private loss to the providers of this information; (1) To consider proprietary or confidential nonpublished information related to the development, acquisition, or implementation of state purchased health care services as provided in RCW 41.05.026; (m) To consider in the case of the life sciences discovery fund authority, the substance of grant applications and grant awards when public knowledge regarding the discussion would reasonably be expected to result in private loss to the providers of this information. (2) Before convening in executive session, the presiding officer of a governing body shall publicly announce the purpose for excluding the public from the meeting place, and the time when the executive session will be concluded. The executive session may be extended to a stated later time by announcement of the presiding officer. http: // apps .leg.wa.gov /rcw /default.aspx ?cite= 42.30 &full —true 4/6/2010 Chapter 42.30 RCW: Open public meetings act Page 6 of 8 [2005 c 424 § 13; 2003 c 277 § 1; 2001 c 216 § 1; 1989 c 238 § 2; 1987 c 389 § 3; 1986 c 276 § 8; 1985 c 366 § 2; 1983 c 155 § 3; 1979 c 42 § 1; 1973 c 66 § 2; 1971 ex.s. c 250 § 11.] Notes: Captions not law -- Liberal construction -- Severability -- Effective dates -- 2005 c 424: See RCW 43.350.900 through 43.350.903. Severability -- Effective date - -1987 c 389: See notes following RCW 41.06.070. Severability - -1986 c 276: See RCW 53.31.901. 42.30.120 Violations — Personal liability — Penalty — Attorney fees and costs. (1) Each member of the governing body who attends a meeting of such governing body where action is taken in violation of any provision of this chapter applicable to him, with knowledge of the fact that the meeting is in violation thereof, shall be subject to personal liability in the form of a civil penalty in the amount of one hundred dollars. The civil penalty shall be assessed by a judge of the superior court and an action to enforce this penalty may be brought by any person. A violation of this chapter does not constitute a crime and assessment of the civil penalty by a judge shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense. (2) Any person who prevails against a public agency in any action in the courts for a violation of this chapter shall be awarded all costs, including reasonable attorney fees, incurred in connection with such legal action. Pursuant to RCW 4.84.185, any public agency who prevails in any action in the courts for a violation of this chapter may be awarded reasonable expenses and attorney fees upon final judgment and written findings by the trial judge that the action was frivolous and advanced without reasonable cause. [1985 c 69 § 1; 1973 c 66 § 3; 1971 ex.s. c 250 § 12.] 42.30.130 Violations — Mandamus or injunction. Any person may commence an action either by mandamus or injunction for the purpose of stopping violations or preventing threatened violations of this chapter by members of a governing body. [1971 ex.s. c 250 § 13.] 42.30.140 Chapter controlling — Application. If any provision of this chapter conflicts with the provisions of any other statute, the provisions of this chapter shall control: PROVIDED, That this chapter shall not apply to: (1) The proceedings concerned with the formal issuance of an order granting, suspending, revoking, or denying any license, permit, or certificate to engage in any business, occupation, or profession or to any disciplinary proceedings involving a member of such business, occupation, or profession, or to receive a license for a sports activity or to operate any mechanical device or motor vehicle where a license or registration is necessary; or (2) That portion of a meeting of a quasi - judicial body which relates to a quasi - judicial matter between named parties as distinguished from a matter having general effect on the public or on a class or group; or (3) Matters governed by chapter 34.05 RCW, the Administrative Procedure Act; or (4)(a) Collective bargaining sessions with employee organizations, including contract negotiations, grievance meetings, and discussions relating to the interpretation or application of a labor agreement; or (b) that portion of a meeting during which the http: // apps .leg.wa.gov /rcw /default.aspx ?cite= 42.30 &full=true 4/6/2010 Chapter 42.30 RCW: Open public meetings act Page 7 of 8 governing body is planning or adopting the strategy or position to be taken by the governing body during the course of any collective bargaining, professional negotiations, or grievance or mediation proceedings, or reviewing the proposals made in the negotiations or proceedings while in progress. [1990 c 98 § 1; 1989 c 175 § 94; 1973 c 66 § 4; 1971 ex.s. c 250 § 14.] Notes: Effective date - -1989 c 175: See note following RCW 34.05.010. Drug reimbursement policy recommendations: RCW 43.20A.365. Mediation testimony competency: RCW 5.60.070 and 5.60.072. 42.30.200 Governing body of recognized student association at college or university — Chapter applicability to. The multimember student board which is the governing body of the recognized student association at a given campus of a public institution of higher education is hereby declared to be subject to the provisions of the open public meetings act as contained in this chapter, as now or hereafter amended. For the purposes of this section, "recognized student association" shall mean any body at any of the state's colleges and universities which selects officers through a process approved by the student body and which represents the interests of students. Any such body so selected shall be recognized by and registered with the respective boards of trustees and regents of the state's colleges and universities: PROVIDED, That there be no more than one such association representing undergraduate students, no more than one such association representing graduate students, and no more than one such association representing each group of professional students so recognized and registered at any of the state's colleges or universities. [1980 c 49 § 1.1 42.30.210 Assistance by attorney general. The attorney general's office may provide information, technical assistance, and training on the provisions of this chapter. [2001 c 216 § 2.] 42.30.900 Short title. This chapter may be cited as the "Open Public Meetings Act of 1971 ". [1971 ex.s. c 250 § 16.] 42.30.910 Construction —1971 ex.s. c 250. The purposes of this chapter are hereby declared remedial and shall be liberally construed. [1971 ex.s. c 250 § 18.] http: // apps .leg.wa.gov /rcw /default.aspx ?cite= 42.30 &full =true 4/6/2010 Chapter 42.30 RCW: Open public meetings act 42.30.920 Severability —1971 ex.s. c 250. Page 8 of 8 If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. [1971 ex.s. c 250 § 19.] http: // apps .leg.wa.gov /rew /default.aspx ?cite= 42.30 &full- 4/6/2010 May a multi- member legislative body (a quorum of that body) schedule a pre- meeting session or otherwise meet in advance of a meeting to review the upcoming meeting's agenda, collect materials or staff comments for the meeting, and discuss the business that will be considered? No, not without inviting the public and following the procedural requirements of the the Open Public Meetings Act. The Act requires all meetings of the governing body of a public agency be open and public. RCW 42.30.030 . The Act defines the term "meeting" to be any meeting "at which action is taken." The term 'action" is defined as: (3) Action means the transaction of the official business of a public agency by a governing body including but not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations, and final actions. Final action means a collective positive or negative decision, or an actual vote by a majority of the members of a governing body when sitting as a body or entity, upon a motion, proposal, resolution, order, or ordinance. RCW 42.30.020(3 ). As one can see, the term "action" is very broadly defined and includes discussions or reviews of agency business. Even though no final action will take place on an issue, this "pre" meeting should be open to the public because a discussion of upcoming business will occur. What constitutes a "meeting" under the Open Public Meetings Act? The Open Public Meetings Act (OPMA) covers all "meetings" of a local governing body. There is a common misunderstanding that the term "meeting" only applies if the governing body takes some kind of final action or vote - such as adopting an ordinance or a motion. However, the definition of "meeting" in the OPMA is actually much broader than that. "Meeting" is defined to include any meeting when "action" is taken. "Action" is defined to include discussion, deliberations, considerations, reviews, evaluations, and it also includes, of course, final actions when a formal vote is taken. But it is clear that the OPMA covers all meetings of a quorum of a local governing body whenever there is merely discussion of public business, even if no votes or final actions are planned or taken. If a quorum of the governing body discusses public business, then they are having a "meeting" as defined in the OPMA and the notice and other requirements of the Act apply. Attachment 5 Are social gatherings covered by the Act? Social gatherings are expressly excepted, unless, of course, official business is discussed or transacted at the gatherings. RCW 42.30.070 provides in relevant part as follows: "It shall not be a violation of the requirements of this chapter for a majority of the members of a governing body to travel together or gather for purposes other than a regular meeting or a special meeting as these terms are used in this chapter: PROVIDED, That they take no action as defined in this chapter." When is a committee of the governing body subject to the Open Public Meetings Act? A meeting of a committee of a governing body is subject to the Open Public Meetings Act when it acts on behalf of the governing body, conducts hearings, or takes testimony or public comment. RCW 42.30.020(2). A committee acts on behalf of the governing body when it exercises actual or de facto decision - making power. AGO 1986 No. 16 . So, for example, if a committee is merely gathering information that will result in a recommendation to the full governing body, it most likely is not subject to the Open Public Meetings Act because it is probably not exercising actual or de facto decision- making authority in these circumstances. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 20, 1020 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Council Procedures: Meeting Times, Meals, etc. GOVERNING LEGISLATION AND BACKGROUND: Per Resolution 09 -012: Governance Coordination Manual (last updated 09 -08 -2009) ARTICLE I - COUNCIL MEETINGS 1.01.1 Council Meeting - Time and Location. Unless otherwise specified in a meeting notice, regular meetings of the City Council shall be held at Spokane Valley City Hall Council Chambers on Tuesdays beginning at 6:00 p.m. RESOLUTION 04 -003: Refreshment Policy w as included i n C ouncil's March 23, 2010 packet a s an information item. T here was al so subsequent d iscussion of t his topic at t he M arch 30, 2010 c ouncil meeting: OPTIONS: Council discretion BUDGETIFINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS: RESOLUTION 04 -003, and 2009 meal expenses. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 23, 2010 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ® information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Refreshment Policy: Spokane Valley Meeting and Customer Relation Policy GOVERNING LEGISLATION; Spokane Valley Resolution 04 -004 BACKGROUND, PREVIOUS COUNCIL ACTION TAKEN: Prior to this City's official incorporation date of March 31, 2003, and during the fast few years of incorporation, councilmembers and staff were on a feverish meeting schedule, and several times mat more than once a night. From multiple council meetings to numerous committee meetings, members of the then council felt it would be reasonable to take a few moments to share a mcal together prior to the council meeting. This informal setting gave staff and councihnembers an opportunity to relax before a meeting, and to get to know each other in a non - intimidating atmosphere. Because the Open Public Meetings Act only applies to meetings and not social gatherings, this was deemed legitimate. Social gatherings are expressly excepted from the Open Public Meetings Act unless, of course, official :business is discussed or transacted at the gatherings. RCW 42.30.070 provides in relevant pant as follows. "It shall not be a violation of the requirements of this chapter for a majority of the members of a governing body to travel together or gather for purposes other than a regular meeting or a special meeting as those terms arc used in this chapter: PROVIDED, That they take no action as defined in this chapter." The Act defines the term "meeting" to be any meeting "at which action is taken." The term 'action" is defined as: the transaction of the official business of a public agency by a governing body including but not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations, and final actions. Final action means a collective positive or negative decision, or an actual vote by a majority of the members of a governing body when sitting as a body or entity, upon a motion, proposal, resolution, order, or ordinance. During the February 17, 2004 council meeting, Finance Director Thompson explained that the City often provides refreshment and light meals prior to, during and /or after city meetings and that the State Auditor's Office advised that a formal policy regarding this practice was preferred; hence on February 24, 2004 Council adopted Resolution 04 -004 adopting the City's meeting and customer relation policy, a copy of which is attached. It should be noted that part of the policy states that "The City is not required to provide coffee, meals and /or light refreshments at meetings" and that this resolution does not obligate such practice, but does permit it. OPTIONS: Meals are at council discretion. They can be continued or discontinued at any time. RECOMMENDED ACTION OR MOTION; BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS: Policy Resolution 04 -004; 2009 Expenses for Meals prior to Council meeting . y s CITY OF SPOKANE VALLEY SPOKANE, COUNTY, WASHINGTON RESOLUTION NO. 04-004 A RESOLUTION OF Testa CITY COUNCIL OF THE CITY OF SPOKANE VALLEY; WASHINGTON ADOPTTNG THE CITY OF SPOKANE VALLEY MEETINO AND CUSTOMER ItELATION POLICY. WHEREAS, the City Council of the City of Spokane Valley, Washington recognizes the need to supply coffee, refreshments and occasional meals to the public, staff and elected officials during working hours as well as during evening meetings as a contribution to the public process and For employees and council members as a benefit of employment; and WHEREAS, there is a need to hold certain City meetings during normal meal times; and WHMIRAS, the City sponsors a number of special events or programs where serving refreshments would be appropriate; and WHEREAS, this proposed Meeting and Customer Itelation Policy would allow payment of the neeessary expenses for providing refreshments when approved by the City Manager or authorized designee. YOGI', THFRFFORE BE IT RESOLV iD that the City Council of the City of Spokane Valley, Washington adopts the City of Spokane Valley Meeting and Customer Relation Policy attached hereto as Exhibit 1, ADOPTED this 24" day of February 2004, Mike DeVleming, Mayor 4Ao Christine Bainbrldge, City Clerk Resolution 04.004 Refreshment Pollcy EXIMIT I MEETING AND CUSTOMER RELATION POLICY The purpose of this policy is to authorize the provision of coffee and light refreshments or meals at City government sponsored meetings, social gatherhigs and training sessions Approval for serving coffee and light refreshments or meals nnust be specifically approved by the City Manager or his/her authorized designee. All legally authorized boards and commissions may provide coffee, meals and/or light refreshments at t.hcir official public meetings, including executive sessions. The City is not required to provide coffee, meals and /or light refreshments at meetings. DEFINITIONS A. COFFEE - Coffee encompasses any non- alcoholic beverage, such as tea, water, soft drinks, juice, or milk. B. LIGHT Rrh'RrSI•IMF.'\T - An edible item that may be served between meals, including but not limited to doughnuts, muffins, bagels, sweet rolls, fruits, vegetables, meat or eltcese. C. MTAI.,S - edible items that are usually served at a like and appropriate time of clay matching the scheduled meeting time, including but not limited to soup, sandwiches, salads, and pizza. D. OFFICIAL CI'T'Y BUSINESS - Activities performed or authorized by a City official or employee in order to accomplish City programs. PROCEDURES 1. The City Manager or his /her.authorized designee may approve the serving of coffee, meals and light refreshments in the conduct of City business at certain City- sponsored meetings. This authority is not intended for use with the normal daily business of employees or officials, but rather for special situations or occasions, as detennined by the City Manager or authorized designee, where: 2. The purpose of the meeting is to conduct City business, prepare for meetings or provide training sessions that benefit the City, recognize City or employee accomplishments and/or discuss City issues, and 3. The meeting involves elective or appointive officials, City employees, or others the City is legally authorized to reimburse, and 4. The City obtains a receipt for the actual costs of the coffee, meals and /or light refreshments, and S. The staff person responsible for the meeting receives approval for the serving; of coffee, meals and/or light refreshments, and 6. If a meal is served, the meeting is scheduled at normal meal times so that City officials and employees are precluded from having meals on their own time. Resolution 04 -004 Refreshment Polley Council Dinner Expenses January- December 2009 Da a P t ableT,Q_ _ M 01/0612009 punt ?7. n v coou " � r. Nmh Cup pa Joe's Council Winter Retreat) $195.39 001.011.000.511.60.31.05 01/0912009 Rosauers (water for council meetings) $4.32 001.011.000.511.60.31.05 01/12/2009 Panda Express (special study session) $159.68 001.011,000.511.60.31.05 01/13/2009 Marie Callender's $275.67 001.011.000.511.60.31.05 01120/2009 Cuppa Joe's $198.38 001.011.000.511.60.31.05 01/17/2010 Safeway beverages for council dinners $8.67 001.011.000.511.60.31.05 01/19/2010 Cuppa Joe's $148.27 001.011.000.511.60.31.05 01126/2009 Hone baked Ham $162.36 001.011.000.511.60.31.05 01/27/2009 Rosauer's (soda for council dinners) $11.38 001.011.000.511.60.31.05 01/2812009 Albertsons (water for council meetings) $10.00 001.011.000.511.60.31.05 01/27/2009 Noodle Express $232.07 001.011.000.511.60.31,05 02/03/2009 Pinocchio's Italian Express $247.82 001.011,000.511,60.31.05 02/05/2009 URM Cash & Car mints /council chambers) $12.72 001.011.000,511.60.31.05 02/07/2009 Rosauers soda for council dinners) $8.68 001.011.000.511.60.31.05 02/10 /2009 Ferrante's $261.75 001.011.000.511.60.31.05 02/20/2009 Target (water for council meetings ) $12.33 001.011.000.511.60.31.05 02/24/2009 Beacon Hill $234.79 001.011.000.511.60.31.05 03/03/2009 Panda Express $151.64 001.011.000.511.60.31.05 03/06/2009 Safeway (water for council meetings) $9.98 001.011.000.511.60,31,05 03/06/2009 Rosauers soda for council dinners) $8.67 001.011.000.511.60.31.05 03/10/2009 Cu a Joe's $209.25 001.011.000.511.60.31.05 03/2112009 Rosauers (water /sodas for council dinners ) $20.65 001,011.000,5'11.60.31.05 03124/2009 Bruchi's $59.81 001.011.000.511.60.31.05 03/24/2009 Pizza Hut $123.90 001.011.000.511.60.31.05 03/29/2009 Albertsons (soda /water council dinners ) $14,18 001,011,000,511.60.31.05 03/3112009 Taco Del Mar $259.77 001.011.000.511.60.31.05 04/08/2009 Beacon Hill $234.79 00 1. 011.000. 511.60.31. 05 04/14/2009 Panda Express $172.72 001.011.000.511.60,31,05 04/27/2009 Safeway (soda/water council dinners) $20.83 001.011.000.511.60.31.05 04/28/2009 Beacon Hill $225.01 001.011.000.511.60.31.05 05/05/2009 Honeybaked Ham $192,75 001.011.000.511.60.31.05 05112/2009 Cu a Joe's $198.38 001.011.000.511.60.31.05 05/16/2009 Rosauers (soda for council meetings) $10.85 001.011.000.511.60.31.05 05/1912009 Schlotsk 's Deli $208.28 001.011.000.511.60.31.05 05/26/2009 Albertsons (water for council meetings) $7.00 001.011.000.511.60.31.05 05/26/2009 Noodle Express $234.79 00 1. 011. 000. 511.60.31.05 06/02/2009 Honeybaked Ham $154.75 001.011,000.511.60.31.05 06/09/2009 Panda Express $159.68 001.011.000.511.60.31.05 06/12/2009 Albertsons (sup plies for council dinners) $21.94 001.011.000.511.60.31.05 06/16/2009 Chkn N Mo $260.10 001.011.000.511.60.31.05 06/19/2009 Dick Denenny June 20 Retreat supplies) $261.74 001.011.000.5'11.60.31.05 06/26/2009 Rosauers soda for council meetings $11.98 011.011.000.511.60.31.05 06/3012009 Cuppa Joe's $162.85 001.011.000.511.60.31.05 07/07/2009 Schlotsk 's Deli $152.87 001.011.000.511.60.31.05 07/1412009 Safewa (water for council meetings) $20.38 001.011.000,511.60.31.05 07/14/2009 Panda Express $159.68 001.011 ,000,511,60,31,05 07/21/2009 Rosauers $5,92 001.011,000.511 M.31.05 07/21/2009 Ferrante's $245.77 001.011.000.511.60.31.05 07/28/2009 Bruchi's $105.61 001.011.000,511.60.31.05 07/28/2009 Pizza Hut $68.93 001.011.000.511.60.31.05 07/31/2009 Target (soda/water for council dinners) $20.05 001.011.000.511.60.31,05 Council Dinner Expenses January- December 2009 WOW 0 810 412 0 0 9 �a a ble To � � Hone baked Ham �Of $96.80 A cc off# !� tee- INNER _ 001.011.000.511.60.31.05 08/11/2009 Cuppa Joe's $188.00 001.011.000.511.60.31.05 08/11/2009 Rosauers $4.99 001.011.000.511.60.31 .05 0 811 812 0 0 9 Cuppa Joe's $15.76 001.011.000.511.60.31.05 08/18/2009 Longhorn Barbecue $123.97 001.011.000,511.60,31,05 08/19/2009 Rosauers $8.67 001.011,000,511,60,31.05 08119/2009 Walgreens $10.48 001.011.000.511,60.31.05 08/25/2009 Panda Express $146.42 001,011.000,511.60.31.05 08126/2009 Rosauers $17.97 001.011.000.511.60.31.05 08/30/2009 Albertsons $10.79 001.011.000.511.60.31.05 09/01/2009 Schlotsk 's $143.33 001.011.000.511.60.31.05 09/02/2009 Safeway $6.96 001.011.000.511.60.31.05 09/03/2009 Coffee Systems, Inc. (equipment rental) $32.61 001.011.000.511.60.31.05 09/08/2009 Beacon Hill $260,88 001.011.000.511.60.31.05 09/14/2009 Albertsons council meeting supplies) $29.15 001.011.000.511.60.31.05 09/15/2009 Hone baked Ham $184.60 001.011.000.511.60,31.05 09/18/2009 Albertsons (water for council meetings) $6.98 001.011.000.511.60.31.05 09122/2009 Cuppa Joe's $187.50 001.011.000.511.60.31.05 09/29/2009 Panda Express $147.72 001.011.000.511.60.31.05 10/03/2009 Coffee Systems, Inc. (equipment rental) $32.61 001.011.000.511.60.31.05 10/04/2009 Rosauers soda for council dinners) $10.39 001.011.000.511.60.31.05 10/06/2009 Walgreens (water for council dinners ) $7.98 001.011.000.511,60.31,05 . 10/06/2009 Cuppa Joe's (Rose & Rich dinner) $15.76 001.011.000.511.60.31.05 10/06/2009 Hot Lunches $176.09 001.011.000.511.60.31.05 10/13/2009 High Nooner $319.60 001.011.000.511.60.31 .05 10/20/2009 Beacon Hill $239.14 001.011.000.511.60.31.05 10/27/2009 Panda Express $125.01 001.011.000.511.60.31.05 11/03/2009 Coffee Systems, Inc: (equipment rental) $32.61 001.011,000:511.60.31.05 11/10/2009 URM Cash and Carry coffee and filters) $38,23 001.011.000.511.60.31.05 11/17/2009 Cuppa Joe's $203.02 001.011.000.511.60.31.05 11/20/2009 Albertsons (soda for council dinners) $15.13 001.011.000.511.60.31.05 12/0712009 Rosauers council meeting supplies) $9.18 001.011.000.511.60.31.05 12108/2009 Panda Express $125.01 001.011.000.511,60.31 .05 12/09/2009 Walgreen's (water for council meetings) $6.98 001 .01 1.000.511.60.31.05 12/15/2009 Cuppa Joe's $163.64 001.011.000.511.60.31.05 12122/2009 Schlotsky's $158.55 001.011.000.511.60.31.05 TOTAL EXPENSES FOR 2009 $9,662.29 DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of April 15, 2010; 9:30 a.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of Acting City Manager Re: Draft Schedule for Upcoming Council Meetings April 27, 2010, Formal Meeting Format, 6:00 p.m. [ due date Mon, April 191 1. Consent Agenda: Claims, Payroll, Minutes (5 minutes) 2. Second Reading Proposed Ordinance Amending Comp Plan - Christina Janssen /Mike Basinger (10 minutes) 3. Second Reading Proposed Ordinance Amending Zoning Map - Christina Janssen /Mike Basinger (10 minutes) 4. Motion Consideration: Adopt Solid Waste Comp Plan - Mike Connelly (15 minutes) 5. Admin Report: Advance Agenda (5 minutes) 6. Admin Report: Council Broadcasting - Greg Bingaman/Morgan Koudelka (70 minutes) 7. Info Only: Department Reports; Response to Public Comments 8. Executive Session [ *estimated meeting: 115 minutes] May 4, 2010, Study Session Format, 6:00 p.m. 1. Brianna Taylor - Legislative Update - Mike Jackson 2. Website Update - Carolbelle Branch 3. Six -Year 2011 -2016 Transp. Improvement Plan - Steve Worley 4. Shoreline Master Program Report - Lori Barlow 5. Advance Agenda 6. Information Only: Summer Construction - Steve Worley 7. Executive Session [due date Mon, April 26] (20 minutes) (30 minutes) (20 minutes) (15 minutes) (5 minutes) [ *estimated meeting: 90 minutes] May 11, 2010 Formal Meeting Format, 6:00 p.m. jdue date Mon, May 3] Proclamation: Motorcycle Awareness Day 1. Consent Agenda: Claims, Payroll, Minutes (5 minutes) 2. First Reading Proposed Ordinance Amending CTR Plan - Morgan Koudelka (10 minutes) 3. Proposed Resolution Accepting Shoreline Masterplan Report - Lori Barlow (10 minutes) 4. Admin Report: Advance Agenda (5 minutes) 5. Executive Session: [ *estimated meeting: 30 minutes] May 18, 2010, Study Session Format, 6:00 p.m. [ due date Mon, May 101 1. Advance Agenda 2. Executive Session [ *estimated meeting: minutes] May 25, 2010, Formal Meeting Format, 6:00 p.m. [ due date Mon, May 171 1. PUBLIC HEARING: Six -Year 2011 -2016 Transp. Improvement Plan (10 minutes) 2. Consent Agenda: Claims, Payroll, Minutes (5 minutes) 2. Second Reading Proposed Ordinance Amending CTR Plan - Morgan Koudelka (10 minutes) 3. Admin Report: Street Vacation STV 01 -10 - Karen Kendall (15 minutes) 4. Admin Report: Advance Agenda (5 minutes) 5. Info Only: Department Reports 6. Executive Session [ *estimated meeting: 35 minutes] June 1, 2010, Study Session Format, 6:00 p.m. [due date Mon, May 24] 1. Council Computer Training /Paperless Agenda Packets - Chris & Bing (20 minutes) 2. Advance Agenda (5 minutes) 3. Executive Session [ *estimated meeting: minutes] Draft Advance Agenda 4/15/2010 3:24:35 PM Page 1 of 3 June 8, 2010 Formal Meeting Format, 6:00 p.m. [due date Mon, May 311 1. Consent Agenda: Claims, Payroll, Minutes (5 minutes) 2. First Reading Proposed Ordinance Vacating Street (STV 01 -10)- Karen Kendall (15 minutes) 3. Proposed Resolution Adopting Six -Year 2011 -2016 TIP — Steve Worley (10 minutes) 4. Admin Report: Advance Agenda 5. Executive Session [ *estimated meeting: minutes] June 15,2010 1 Study Session Format, 6:00 p.m. [due date Mon, June 7] 1. Advance Agenda (5 minutes) 2. Executive Session [estimated meeting: minutes] June 22, 2010: No Meeting Council Attends AWC Conference in Vancouver (June 22 -25) June 29, 2010, Special Reinlar meeting format 6:00 p.m. [due date Mon, June 21] 1. Consent Agenda: Claims, Payroll, Minutes (5 minutes) 2. Second Reading Proposed Ordinance Vacating Street (STV 01 -10)- Karen Kendall (10 minutes) 3. Advance Agenda (5 minutes) 4. Info Only: Department Reports 5. Executive Session [ *estimated meeting: minutes] July 6, 2010, Study Session Format, 6:00 p.m. [due date Mon, June 28] 1. Budget Process Update — Mike Jackson /Ken Thompson (20 minutes) 2. Advance Agenda (5 minutes) 3. Executive Session [ *estimated meeting: minutes] July 13, 2010, Special Meeting: Budget Retreat — CenterPlace Classroom 9:00 a.m. to approx 4:00 p.m. [due date Mon. Julv 5 July 13, 2010 Formal Meeting Format, 6:00 p.m. [due date Mon, July 51 1. Consent Agenda: Claims, Payroll, Minutes (5 minutes) 2. Admin Report: Advance Agenda 3. Executive Session [ *estimated meeting: minutes] Julv 20, 2010, Studv Session Format. 6:00 u.m. [due date Mon, July 12] 1. Advance Agenda 2. Info Only: Department Reports 3. Executive Session Julv 27, 2010, Formal Meeting Format 6:00 u.m. 1. Consent Agenda: Claims, Payroll, Minutes 2. Advance Agenda 3. Info Only: Department Reports 4. Executive Session [due date Mon, July 19] (5 minutes) (5 minutes) [ *estimated meeting: minutes] August 3, 2010, Study Session Format, 6:00 p.m. 1. Advance Agenda 2. Executive Session [due date Mon, July 26] (5 minutes) [ *estimated meeting: 70 minutes] August 10, 2010 Formal Meeting Format, 6:00 p.m. jdue date Mon, Aug 2]] 1. PUBLIC HEARING: 2010 Budget Revenues — Ken Thompson (10 minutes) 2. Consent Agenda: Claims, Payroll, Minutes (5 minutes) 3. Admin Report: Advance Agenda (5 minutes) 4. Executive Session: [ *estimated meeting: minutes] Draft Advance Agenda 4/15/2010 3:24:35 PM Page 2 of 3 August 17, 2010, Study Session Format, 6:00 p.m. 1. Advance Agenda 2. Executive Session August 24, 2010, Formal Meeting Format, 6:00 p.m. 1. Admin Report: Outside Agency Presentations — Ken Thompson 2. Admin Report: Advance Agenda 3. Info Only: Department Reports 4. Executive Session August 31, 2010, Study Session Format, 6:00 p.m. 1. Advance Agenda 2. Executive Session OTHER PENDING AND /OR UPCOMING ISSUES /MEETINGS ADA Plan Affordable Housing Participation Alternative Analysis (contracts) Area Agency on Aging Bidding Contracts (SVMC 3. — bidding exceptions) Boundary Review Board Collaborative Planning Budget (2010 Amendment) Budget 2011 (fall 20 10) Capital Projects Funding Clean Air Agency Code Amendments (Kathy McClung) Community Development Block Grant (Fall 20 10) Concurrency Contract Ordinance Amendment East Gateway Monument Structure 4 Hotel/Motel Grant Proposals for 2011 (Nov 20 10) Jail Update Law Enforcement Interlocal Milwaukee Right -of -way K Overweight /over size vehicle ordinance Planned Action Ordinance [ due date Mon, Aug 91 [*estimated meeting: minutes] [ due date Mon, Aug 161 (60 minutes) (5 minutes) [ *estimated meeting: minutes] [ due date Mon, Aug 231 [ *estimated meeting: minutes] Signage Solid Waste Amended Interlocal Spokane Regional Transportation Council (SRTC) Interlocal Sprague Appleway Corridor Environ. Assessment Transportation Benefit District Interlocal Transportation Benefit District: (a). Establish ord.; (b) set public hearing; (c) draft resolution; (d) ballot language Transportation Impacts WIRA, Water Protection Commitment, public education lM = request for Council's early consideration 4 = Awaiting action by others * = doesn't include time for public or council comments Draft Advance Agenda 4/15/2010 3:24:35 PM Page 3 of 3 Spokane ,,; O OValley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhatt@spokanevalley.org Memorandum To: City Council From: Mike Jackson, Acting City Manager Date: April 7, 2010 Re: 2011 Budget Preparation I am writing to inform and update Council on the preparation of the 2011 City Budget. Finance Director Ken Thompson and I have met with the Finance Committee (Mayor Tom Towey, Deputy Mayor Gary Schimmels and Councilmember Dean Grafos) on three occasions - February 3, February 18 and March 4. Subsequently, Ken and I have also met and discussed finances with City Department Heads. Much has been accomplished at these meetings and I'm pleased to inform you that the staff members have initiated the 2011 budget preparations. The 2011 budget will reflect the input and direction received from the Finance Committee and will focus on the long -term sustainability of the City of Spokane Valley during economic downturn. Faced with a downtrend in sales tax of about $3.5 million from previous years and reductions in revenues from Real Estate Excise Taxes, building fees, gambling taxes and others, the staff has been charged by the Finance Committee to scrutinize the budget for savings based upon continuing economic uncertainty. The overall intent is to balance our need to provide services to the community while protecting the financial condition of the City. The City of Spokane Valley is currently in a positive fiscal situation. With $5.4 million in our Service Level Stabilization Fund and $18.6 million in anticipated 2010 ending year fund balance, it could be argued that as a municipality and a government entity, we are in an enviable position to weather difficult economic times. However, by beginning now to strategize and save, we can only strengthen our fiscal situation should the economic recovery extend beyond the 6 -Year planning horizon of our Business Plan and the 2014 horizon of our Financial Forecast. Some basic assumptions of the 2011 Budget preparation include: • Maintaining a positive General Fund Carryover through 2014. + Preparing a 2011 Budget that anticipates the needs of the community and prepares the City for a flat economic forecast and braces for further economic downturn. The Finance Committee will review key budget issues on July 1 and the line item budget worksheets will be provided to City Council in advance of the July 13, 2010, Budget Retreat. The retreat will be dedicated to the review of department budgets and the discussion of related financial matters. Due to the continued economic conditions, all City departments will prepare 2011 budget worksheets that reflect reduction scenarios of 3 %; 6% and 9 %. These potential reductions are in addition to my request earlier this year that all departments set a goal to expend only 97% of existing 2010 Budgets. If the reductions of 3% can be achieved in 2010 it will result in $1 million in savings that will carry forward into future budget years. • The City Business Plan will include detailed descriptions of the potential impacts of reductions described above. Additionally, departments will examine cost saving measures which may be implemented in future years if economic conditions do not improve. • At the July 13 Budget Retreat, City Council will review and discuss budget reduction worksheets and consider proposed reduction levels. The City Manager will consider Council feedback in preparing the City Manager's Preliminary Budget. • In August, the City Manager will file a detailed Preliminary Budget and Budget Message with the City Clerk and City Council. A more detailed Budget Calendar is attached for Council information. In addition, staff will schedule general financial discussions at City Council meetings as needed throughout the year. I hope this memo provides a general overview of the 2011 Budget process. If you have any questions or would like additional information or discussion, please let me know. Attachments: Proposed 2011 Budget Calendar CITY OF SPOKANE VALLEY 2011 BUDGET CALENDAR MARCH 29, 2010 February 2010 - Budget Direction Discussion with Finance Com. April 6 - Request to departments for detailed revenue and expense estimates for 2011. May 10 & 11 - Opportunity for Departments to review business plan with City Manager and Finance Director. Explain significant differences. • Revenue, Expenditures + Accomplishments • Status of 2010 Goals May 14 - Departments submit 2011 budgets to Finance with 3 %, 6% and 9% reductions May 24 -City Manager, Finance Director review budget proposals July 1 - Finance Committee review of key budget issues July 13 - Council retreat for 2011 budget review (Draft budget to council on July 7) July 16 - Depts. informed of changes to their submittals July 23 - Revenue hearing notice in newspaper (Aug 10 hearing). July 27 - Finance Com. Review of 2011 Budget July 28 - Finance Dir. Submits estimates on 2010 revenues and preliminary 2011 revenue /expenditures to Council — (Administrative report.) - Notify outside agencies — Aug 24 presentation date 1 -Depts submit 2010 Accomlishments to Finance - Status of 2010 Goals August 10 - Council holds public hearing on 2011 revenues including property taxes. - Review ordinance that levies 2011 prop. tax - Review ordinance to confirm tax levy - City Manager files preliminary budget and message with clerk & council. Clerk publishes notice of budget filing. August 17 - Council sets preliminary budget hearing for September 7 1h and final public hearing for September 21 August 24 - Copies of City Manager's preliminary budget available. - Notice of hearings published for Sept 7 & 21 - Review project status with Public Works. - Outside Agencies present to Council September 1 - Copies of prelim. 2011 preliminary budget available in advance of public hearing September 7 -Public hearing on 2011 proposed budget -First reading of prop. tax ordinance -First reading of prop. tax confirmation ordinance September 21 - Final public hearing on 2011 budget. - Second reading of property tax levying ordinance. - Second reading of property tax confirmation ordinance. - First reading of the Proposed 2011 Budget Ordinance. October 12 - Second reading of the Proposed 2011 Budget Ordinance. - Discussion of 2011 fees October 26 - Adoption of fee resolution if changes are needed November 30 - Property tax ordinances to County December 27 - Budget submitted to County 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 20, 2010 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ® executive session AGENDA ITEM TITLE: EXECUTIVE SESSION: Pending Litigation GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: Move to adjourn into executive session for approximately minutes to discuss Pending Litigation and that no action is anticipated thereafter. BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS: