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2. Ethics PolicyCity of Kalispell j OFFICE OF THE CITY MANAGER 11�l�NTANA a w w TO: Mayor Fisher and Kalispell Citncil FROM: Doug Russell, City Manager u DATE: January 28, 2013 SUBJECT: Ethics Policy/Orientation Manual Discussion At the last work session, Council considered a draft policy and procedures document that would serve as a local ethics policy and an orientation manual for elected officials. It was decided to consider the document at a future work session to review revisions to the document that were discussed. I have attached an updated draft of the document and a redlined version that shows the changes that were made, including annotations to the changes. The recommended action for this work session is to review the updated document for further refinement. www.kalispell.com City of Kalispell Council Policies & Procedures CHAPTER 1-MUNICIPAL POWERS 1.1 State Statutes Nf?�" CHAPTER 2-FORM OF GOVERNMENT 2.1 2.2 2.3 2.4 CH) 3.1 3.2 3.3 3.4 3.5 3.6 3.7 CHAPTER 4-COMMUNICATIONS 4.1 Ex-parte Communications 4.2 Communications with Staff 4.3 Handling of Litigation and Other Confidential Information 4.4 Representing an Official City Position 1 4.5 Communications with Each Other 4.6 E-Mail Communications 4.7 Unofficial Settings CHAPTER 5-CITY COUNCIL MEETINGS 5.1 Regular Meetings 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 CHI 6.1 2 PREAMBLE The residents and businesses of the City of Kalispell are entitled to have fair, ethical and accountable local government. Such a government requires that public officials: • Comply with both the letter and the spirit of the laws and policies affecting operations of the government. • Be independent, impartial and fair in their judgment and actions. • Use their public office for the public good, not fo' ►ei•sonal gain. • Conduct public deliberations and processes op unless legally confidential, in an atmosphere of respect and civility. To this end, the City of Kalispell City Counas adopted thisrmal Policies and Procedures (Code of Conduct) document t courage public confidence in the integrity of local government and its fair and effectiA ration. **No the C oblig any State Statute (including ire, or other regulatory Gt CHAPTER 1- MUNICIPAL POWERS 1.1 Municipal Dowers, as outlined in State Statues 7-1-4122(MCA). Distribution of powers.` (1) A municipality has legislative ,ecnfive, and judicial powers. (2) All legislative powers are vetd n the governirg�'body of the municipality. ` (3) Executive powers are vested zov1 ed in the form off -government adopted by the municipality. (4) The judicial pow erf a municipal�Vested in the muriipal court. 5 7-1-4123(MCA) Legislativ ower",� A municipality with general piers lias`e�egislatower, subject to the provisions of s' a i to adopt; amends az:td xepeal o )fiances and resolutions mgx required to v { k (1) preserv" ce and order and secure freedom from dangerous or noxious 3? ytties,Y seci end pr'66bte theYgenc pudic health and welfare; z p provide any servo perform=any function authorized or required by state law, r ti � {�tr. (4) exercise any ewer greed by state law; 5t ect to 15a 420, levy an tax authorized b state law for public or y y y governmental purposes as described in 7-6-2527; (6) appropxate puxc funds; (7) impose pal assessment reasonably related to the cost of any special service or special benefit provided by the municipality or impose a fee for the provision of a service; (8) grant franchises; and (9) provide for its own organization and the management of its affairs. 7-1-4124(MCA). Powers. A municipality with general powers has the power, subject to the provisions of state law, to: 91 (1) enact ordinances and resolutions; (2) sue and be sued; (3) buy, sell, mortgage, rent, lease, hold, manage, or dispose of any interest in real or personal property; (4) contract with persons, corporations, or any other governmental entity; (5) pay debts and expenses; (6) borrow money; (7) solicit and accept bequests, donations, or grants of money, property, services, or other advantages and comply with any condition that is not contrary to the public interest; (8) execute documents necessary to receive money, property, services, or other advantages from the state governme tie federal government, or any other source; T (9) make grants and loans of money, proeiy'and services for public purposes; (10) require the attendance of wit Zsss and productu of documents relevant to matters being overning (11) hire, direct, and discharge em ees and appoint andenove members of boards; } (12) ratify any action of e municipali�' cers or empl�o3 yes that could have been approvedWnce; (13) have a corporate sealed"flak (14) acquire by eminent dorn, as--pb4i ded ui11 70, chapter 30, any interest prcrty for aublic use aut oxized3 law; (15) mrtt a civil no on to rests or enjoin3 olation of an ordinance; (16) enter r vate pro ty, obtaifft warrants when necessary, for the purpose of enforz6 ft ordijda aces that affect the general welfare and public safety; (1.� induct a )` coUb nt mventtes of publ3roperty and preparatory studies; 3) condeft'l d d6fiWish hazardous structures; (2f purchase establish self-insurance plans; (21) impound animals and'osier private property creating a nuisance or ` obstructing a street or highway; (22) establish quarafines; (23) classify ali vinitions of city ordinances as civil infractions, with civil penalties, pfovided in 7-1-4150; and (24) exercise powers not inconsistent with law necessary for effective administration of authorized services and functions. CHAPTER 2- FORM OF GOVERNMENT The City of City of Kalispell municipal government operates under a Council -Manager form of government as established in 1989 by a vote of the people. 2.1 City Council 5 Under this form of government, the Council provides legislative direction, sets City policy and monitors its execution by City staff through the City Manager. The City Manager serves as the City's chief administrative officer and is responsible for directing the day-to-day operations of the City. State Statute 7-5-4101(MCA). General powers of municipal council. The city or town council has power to make and pass all bylaws, ordinances, orders, and resolutions not repugnant to the constitution of the United States or of the state of Montana or to the provisions of this�ecessary for the government or management of the affairs of a,",t or town, for the execution of the powers vested in the body corporate, and f©r dying into effect the provisions of this title. Municipal Code Nm OR 2-1 City Council (Kalispell Mumciode) The commission shall be referred to as the ity �dV`ncil and shall consist of eight (8) members serving tern"four (4) yea� 1166 § 2-1) 2.2 Maw Municipal 1 2-2 Mayor the Vtoc shall be'known as the Mayor, shall be elected at Oe th tttt th vof ng .memI of the Council. (Ord. 1166 § 2-2) 2 3 duties of Ma' tr (Kal`3itl Municipal Code). The 1layor shall: N, A. Preside ;at all City Council meetings; B. Appoint; A, h the o sent of the City Council, all members of advisory boards and commisISIf0A s, C. Execute all ordinances and resolutions on behalf of the City after Council approval; D. Perform ceremonial functions as Mayor of the City of Kalispell; E. Perform any other duties specifically designated by ordinance or resolution. Except for the above, the Mayor shall have no other executive or administrative duties, those being the responsibility of the City Manager. (Ord. 1398, 9-17-2001; amd. Ord. 1680, 10-18-2010) G 2.3 President of the Council Municipal Code 2-4 President of the Council (Kalispell Municipal Code). A. Election: At its first meeting of each even numbered year, the Council shall elect, by nomination and roll call, a president from its membership. hi the Mayor's absence from Council meetings, the president shall preside over the meeting. Whenever the Mayor is unable to perform the functions of his or her office, the president shall act as Mayor. B. Successor: In the event the president of the CQ-0, l resigns or becomes ineligible to serve, the Council shall elect apct-5� ssor from its membership. (Ord. 1166 § 2-4; amd. Ord. 1680, 10-1$ 'O 2.4 City Manager The provisions that outline the City of K government are found in Chapter 7-3-30 Kalispell Municipal Code„hrh outline Manager. 2-29 Statutor..., The City M A. Enforce B. Perform the Direct, E. Carry out policie F. Prepar,the City G. Recomrribnd me. H. Report tot LlllY Z/:il Vl�.J• es and re�t3 'od of hinr`r of 16bai trove 'C + ;ouncil-Mar- form of €Statutes and sec%bn 2-29 of es and responsibilities of the City by law, ordinances or resolutions; aminister"all departments, agencies and offices of the apt as otherwise provided by law or ordinance; dished by the City Council; :il agenda; to the City Council; icil on affairs and financial condition of the City; I. Execute bonds, notes, contracts and written obligations of the City Council, subject to the following limitations: 1. All bonds, notes, contracts and written obligations, including accumulated contract change orders in excess of fifty thousand dollars ($50,000.00) must have prior written approval of the City Council regardless whether or not previously approved in the annual City budget, 2. Any bonds, notes, contracts and written obligations less than fifty thousand dollars ($50,000.00) may be executed by the City Manager VA without prior written approval of the City Council only if such amount was previously approved by City Council in the annual City budget; J. Report to the City Council as the Council may require; K. Attend City Council meetings and may take part in the discussion, but shall have no vote; L. Prepare and present the budget to the City Council for its approval and execute the budget adopted by the City Council; M. Appoint, suspend and remove all employees of the local government except as otherwise provided by law or ordinance; Appoint members of temporary advisory Manager. (Ord. 1166 § 2-29; amd Ord, CHAPTER 3—LEGAL AND ETHI 3.1 Preamble The residents and busin ethical and accountable officials: 3.2 Public Interest es established by the 8-2010) are entitled to have fair, �ernment requires that public and policies affecting constructive environment for fair in their judgment and actions; for the public good, not for personal gain; and liberations and processes openly, unless legally atmosphere of respect and civility. 3.2.1 Recognizing that stewardship of the public interest must be their primary concern, City Councilors shall work for the common good of the people of the City of Kalispell and not for any private or personal interest. City Councilors must endeavor to treat all members of the public and issues before them in a fair and equitable manner. 3.2.2 City Councilors shall comply with the laws of the nation, the State of Montana and the City of Kalispell in the performance of their public duties. These laws include, but are not limited to: the United States and Montana constitutions; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities and open meeting acts; and policies of the City of Kalispell. 3.3 Conduct 3.3.1 City Councilors shall refrain from abusive conduct toward other members of the City Council, boards, commissions, committees, stf or the public. j ? �F 3.3.2 Council member duties shall be performed iqAcIX3''b ance with the processes and rules of order established by the City COU21c11 3.3.3 In order to best accomplish City busity Councilors shall inform themselves on public issues, listentively to public dis`ettssions before the body and focus on the business atIN han x { 3.3.4 Council decisions shall be bled uposubstance ofIre matter at hand.r� 3.3.5 It is the responsibility of City unci o t ublic y sure substantive information tktivant to a`atter ur#de cnsideion that they have received frdources tiiside of fhe pu"l4e decisp making process with all other City Cou ncilors and the public, r to taking' action on the matter. 3.4.1 In order to assurethe r ind' ftdence and impartiality on behalf of the public � . good, ty Councilors are prohzrvted from using their official positions to influenevernment decisions in which they have a financial interest. 3.4.2 City Councilorsshall uci take advantage of services or opportunities for personal gain by virtue off gjr�iublic office that are not available to the public in general. 3.4.3 City Councilors shall respect and preserve the confidentiality of information provided to them concerning the confidential matters of the City. They must neither disclose confidential information without proper legal authorization nor use such information to advance the personal, financial or private interests of themselves or others. 3.4.4 City Councilors should avoid any action that could be construed as, or create the appearance of, using public office for personal gain, including use of City stationery or other City resources to obtain or promote personal business. 6E 3.4.5 Public resources not available to the general public (e.g., City staff time, equipment, supplies or facilities) shall not be used by City Councilors for private gain or personal purposes. 3.4.6 To the best of their ability, City Councilors shall represent the official policies and positions of the City Council. When presenting their personal opinions or positions publicly, members shall explicitly state they do not represent the Council or the City. 3.5 Appearance of Impropriety 3.6.1 3.7.1 When participation in action or decision-m, implicate the specific statutory criteria for c participation still does not "look" or "feel" r encountered the appearance of impropety. For the public to have faith and con implemented in an even-handed an step aside even though no`techpical term non -financial affiliation ests the applicant is related by blond or community, members who enchant aside... a public official does not of interest; however, ts��tlic official has probably that government auhority will be d ethio', mggW public offlid' is may need to con flibtrJ-Js�ts An example is where a long - between icial and an applicant or r xrlage t� fficia1. For the good of the er'the appeararirf impropriety should step orientations for City Council. Members oche City Qouncil shall file with the City Clerk, by January 3lst of each year, a di `cIc ��re statement that will include the following information: A. The name and address of the Councilmember and describe any current employment in addition to the elected position with the city; B. The name of boards on which the Councilmember currently serves. CHAPTER 4—COMMUNICATIONS 10 4.1 Ex-parte Communication In instances where the Council will be making an adjudicatory decision, each Council member should refrain from discussing the merits of that decision outside an officially called public meeting. These instances are marked by 1) only specific persons are immediately impacted by the decision — the persons living near the conditional use, variance or vacation, persons who obtain the license, and persons who will be assessed, and 2) each instance requires the Council to take a legal standard and apply it to the set of facts in order to arrive at a factual determination rs contrasts with a legislative decision that impacts the city as a whole. The following situations are example of communication concerns may need to;;;k A. Petition for a conditional B. Petition for variance C. Awarding bid to D. Special Improvement If any persox < topic, the coin council on the 4.2.2 A Cou action study, the sues in which ex-parte ;ilmember regarding the of the communication to the gular meeting. -r shy not direct staff to initiate any action, change a course of any report, nor shall a Council member initiate any project or app al of the majority of the Council. 4.2.3 City Councilors s111 not attempt to pressure or influence discussions, recommendations, workloads, schedules or department priorities absent the approval of a majority of the Council. 4.2.4 Any concerns by a member of the City Council regarding the behavior or work of a City employee should be directed to the City Manager privately to ensure the concern is resolved. 4.3 Handling of Litigation and Other Confidential Information 11 4.3.1 All written materials and verbal information provided to City Councilors on matters that are confidential under State law shall be kept in complete confidence to ensure that the City's position is not compromised. 4.4 Representing an Official City Position 4.4.1 City Council members may use their title only when conducting official City business, for information purposes, or as an indication of background and expertise, carefully considering whether they are exceeding or appearing to exceed their authority. 4.4.2 In most instances, the Council will authorize or to send letters stating the City s official position to appropriate legislator r 4.4.3 If a member of the City Council ap organization to give a statement on member should indicate the maioril )erore anom%governmentai agency or Lie affecting ih Cit the Council �} y, minority position tf the Council. 4.5.1 Council members meet* as a quoru,utside of a publicly announced meeting may be in jeopardy of viol�tz respecty open meeting acts. Should the occasion arise, when a quorurn> gatlleexpeetetlly, city business should not be discussed N 4.6 Email Comift lication " 4.6.1 Ern 1xxnumcao% in'any cas been considered public documents and are requested`as suchtrider respKey'4't.�,open record acts. Both public and private cc xnputers that et>ntain p bl c recorcKll "e subject to subpoena. 4.7.1 It is appr6ffi4te that C, ncil members recognize that as elected officials, their conversations when ouf in public will be overheard. Members of the Council should take care tc be aware of what they say in public, whether in private or public conversations. CHAPTER 5—CITY COUNCIL MEETINGS 5.1 Regular Meetings 5.1.1 The City Council shall hold regular meetings on the first and third Monday of each month at 7:00 p.m. in the City Council chambers or any other location or time they so designate. The City Council chambers is located in City Hall, 201 12 First Avenue East, Kalispell, Montana. (Ord. 1166 § 2-6; amd. Ord. 1680, 10-18- 2010) 5.2 Special Meetings 5.2.1 Per City Code, section 2-8 Special meetings may be called by the Mayor, or in his or her absence, the president of the Council. A special meeting may also be called at the request of three (3) members of the Council. Whenever a special meeting shall be called, a notice in writing signed by the Mayor or the Council President shall be served upon each member of the Council either in person or by notice left at their place ence, stating the date and hour of the meeting. l , m5 Notice of a special meeting must be served upon the Council at least twenty-four 24 hours prior to the meeting and ¢ �` ( ) p ' g t�pu�blic media shame notified as soon as practical prior to such meeting. 5.3 Work Sessions Work Sessions are conduc time to time to allow for a hich the Council may set from nt matters. All study session 5.4.1 Under state law, MCA 2-3-203, all meetings of the council or city committees must be open to the public. Exceptions: A. A meeting may be closed when discussion relates to a matter of individual privacy if and only if the presiding officer determines that the demands of the individual privacy exceeds the merits of public disclosure. B. A meeting may also be closed to discuss a strategy for litigation when open discussion would have a detrimental effect on the position of the public agency, unless litigation is between two public agencies. 5.5 Voting; Procedure (Kalispell Municipal Code: 2-14) a. Affirmative Vote Required: In order for a motion to be adopted by the Council, the motion must receive an affirmative vote from the majority of the Council present at the meeting, unless otherwise provided by State law or ordinance. 13 b. Roll Call; Recording: Votes on resolutions and ordinances shall be taken by roll call and each member's vote shall be recorded in the minutes. c. Viva Voce Votes: Votes on motions other than resolutions and ordinances shall be taken viva voce. If any member of the Council requests, or if the Mayor determines it necessary, a show of hands may be used to verify a vote. d. Member Vote Required; Exceptions: When a question is stated upon any matter before the Council, every member of the Council present shall vote unless: 1. Excused by a majority vote of the Counctresent; 2. Directly interested in the question, or, ,t 3. Prohibited by State law; in which e se ie Iftricil member shall not vote. e. Rotate Call: The clerk, in calling tra 11call vote, shall ""'tie the call each meeting to members of the Council presenfzcept that the chair of the meeting shall vote last. > f. Economic Benefit of Mebenhibited: Nb�uncil member shall perform any official act directly and sub tantia y ecting tot economic benefit a business or other undertaking in which h tar shal financial interest or is engaged asca�e`li�consultant,;representatieor agent;ha g. Voluntary DU, !CtosureCouncil meg er may perform an official act no-twithstandiif ie{pY iu s t s of subsection F of this section when his or her prt7epron is ne�ry to ohtaquonin or otherwise enable the body to act, if he or she ct�hes wtthe voluntsclosure procedures under Montana Code annotated Seen 2 2-13�,' ,Ord. 1166 § 2-14) An adopted agendasetting policy facilitates a consistent process for staff to research and provide equal and thorough information to the entire council. 5.6.1 Per City Code, 2-29 (F) One of the duties of the City manager is to "Prepare the City Council Agenda" 5.6.2 To place an item on an agenda, a Council member can request that an item be introduced during the "Mayor/Council/City Manager's Report" section of the meetingThe item may first be placed as a discussion item at a future work session for the Council deliberation. 14 5.6.3 Any person may request placement of a matter on the Council agenda by providing a written request to the City Manager's office. If the matter is of an operational or managerial nature, staff will address the concern without placing the item on the agenda. A copy of the letter and staff response will be provided to the Council. If the item is of a policy related matter, the item will be distributed to the Council. If a Council member desires that topic to be placed on a future agenda, the process outlined in Section 5.6.2, will be followed. 5.6.4 Nothing in this section prohibits or is intended to impede a member of the public from approaching the Council during the "public comment" section of the N meeting �w.,�, 5.7 Rules of Procedure 5.7.1 In instances not addressed by adopf*,ill blicy, meetings wbe conducted using MIJ "The Modern Edition of Robert's Rffl� Order" as a refer8h and/or guidance. (Kalispell Municipal Code, 2-13' 5.8 Decorum 5.8.1 While the City Council is in so,�on, aII per§ions s9ftonduct themselves with reasonable deW. T t << �,,r 5.8.2 The Chief ce or s member members ofthe Police Department as the Chief may desigp#e, sha{k�e.the sergaxt-at-arms of the Council meetings. ...._,_ gri t Arms 'he sergeM Ott a' s shall carry out all orders and ctions even be tpresidmg officer for the purpose of maintaining and decorum at the council meetings. 5.9.1 Agenda packets apt be made available for council members the Mayor's office, the City's web site (www.kalispell.com). 5.9.2 Agenda packets are to be prepared for pickup Council members on the Friday prior to (Monday) Council meetings. CHAPTER 6—COUNCIL FINANCIAL MATTERS 6.1 City Council Budget and Expenses 15 6.1.1 On an annual basis, the City Council passes a budget that includes anticipated expenditures for the upcoming year for the Council. Expenditures outside of routine expenses and budgeted items shall be pre -approved as needed by the City Council. These expenditures may include but are not limited to: seminar and conference registrations, travel expenses, and Council equipment purchases. Expenditures that cannot be pre -approved due to time limitations may not be reimbursable. 16 City of Kalispell Council Policies & Procedures CHAPTER 1-MUNICIPAL POWERS 1.1 State Statutes CHAPTER 2-FORM OF GOVERNM III 2.1 City Council rll��� ;'IIIIIIIIIIIII 2.2 Mayor I, IIIIIIIIIII�I ��;IVd, � IIgIIIIIIIIIII 2.3 President of Council ''llI�IIhLI i'�I�pi IIIIIIIII I� Il;il 1 a IIIII,I I i� III�I 2.4 City Manager !II ��!11.11:IlI3IIll��.�� CHAPTER 3-LEGAL ANTfWI S DARDS I! ; � ���IIII'II�II'lll�l�ll'f �� �� � j II�IHI�IIfII I � IBuu 3.1 Preamble Illif I IIII, �lllllll�i II,IgI�N�fII�VII 3.2 Public interest 3.31. ����Illill;i!II'll�llfl!illllllllll!�I'll�,l;il,� �Ill� 3.4 ict of Interest I�lli� III �. 3.5 Appea4 q of Improprf , it I1 3.6 Implementafl' 'ii �i111 3.7 Financial Disclosurtement CHAPTER 4--COMMUNICATIONS 4.1 Fit-parte Communications 4.2 Communications with Staff 4.3 Handling of Litigation and Other Confidential Information 4.4 Representing an Official City Position 1 4.5 Communications with Each Other 4.6 E-Mail Communications 4.7 Unofficial Settings CHAPTER S-CITY COUNCIL MEETINGS 5.1 Regular Meetings 5.2 Special Meetings 5.3 Work Sessions I'h'II;I;I 4 d 5.4 Public Access to Meetings I 5.5 Voting Procedure'II II 5.6 Placing Items on the Agenda�����j������ 5.7 Rules of Procedure � jH ,�I�4I'I;IT 5.8 Decorum 1.11�IIllllIVIIIIILilpilll�� n�llll� 5.9 Agenda Packets � ! .. CHAPTER 6-COUNCIL FINANCIAL MATTERS 6.1 City Council Budget and Expenses i Comment IDRIJ* Removed Chapter 7 after discussion at work session. Z PREAMBLE The residents and businesses of the City of Kalispell are entitled to have fair, ethical and accountable local government. Such a government requires that public officials: • Comply with both the letter and the spirit of the laws and policies affecting operations of the government. • Be independent, impartial and fair in their judgme d actions. • Use their public office for the public good, not sonal gain. • Conduct public deliberations and processes unless legally confidential, in an atmosphere of respect and civility. To this end, the City of Kalispell City Co Procedures (Code of Conduct) document t8 of local government and its fair and effective Policies and �e in the integrity **Nothing within this document shall be meant to supe any State Statute (including the Code of Ethics for municipal officials), municipal ord`f g, or other regulatory obligation. CHAPTER 1- MUNICIPAL POWERS 1.1 Municipal powers, as outlined in State Statues 7-1-4122(MCA). Distribution of powers. (1) A municipality has legislative, executive, and judicial powers. (2) All legislative powers are vested in the governing body of the municipality. j (3) Executive powers are vested as provided in the form of government adopted by the municipality. I: (4) The judicial powers of a municipality are vested in the municipal court. 7-1-4123(MCA). Legislative powers. A municipality with general powers has the legislative power, subject to the provisions of state law,.to adopt, amend, and repeal ordinances and resolutions required to: (1) preserve peace and order and secure freedom from dangerous or noxious activities; (2) secure and promote the general public health and welfare; (3) provide any service or perform any function authorized or required by state law-, i�l' (4) "' q 'exercise any power grat(ted by state law; (5) subject to 15-10-420, levy any tax authorized by state law for public or governmental purposes as described in 7-6-2527; (6) appropriate public funds; (7) impose a;ecial assessment reasonably related to the cost of any special service or s� ial benefit provided by the municipality or impose a fee for the provision of a service; (8) grant franchises; and (9) provide for its own organization and the management of its affairs. 7-1-4124(MCA). Powers. A municipality with general powers has the power, subject to the provisions of state law, to: (1) enact ordinances and resolutions; (2) sue and be sued; (3) buy, sell, mortgage, rent, lease, hold, manage, or dispose of any interest in real or personal property; (4) contract with persons, corporations, or any other governmental entity; (5) pay debts and expenses; (6) borrow money; (7) solicit and accept bequests, donations, or grants of money, property, services, or other advantages and comply with any condition that is not contrary to the public interest; (8) execute documents necessary to receive money, property, services, or other advantages from the state government, the federal government, or any other source; (9) make grants and loans of money, property, and services for public purposes; (10) require the attendance of witnesses and production of documents relevant to matters being considered''by the governing body: (11) hire, direct, and discharge employees and point and remove members of boards; q ll��' (12) ratify any action of the municipality or its officers or employees that could have been approved in advance; (13) have a corporate sea] and flag; (14) acquire by eminent domain, as provided in Title 70, chapter 30, any interest in property for a public use authorized,* law; (15) initote a civil ad " n to restrain or enjoin violation of an ordinance; (16) enter private property, obtaining warrants when necessary, for the purpose of enforcing ordinances that affect the general welfare and public safety; (17) conduct a census; (18) conduct inventories of public property and preparatory studies; (19) condemn and demolish hazardous structures; (20) purchase insurance and establish self-insurance plans; (21) impound animals and other private property creating a nuisance or obstructing a street or highway; (22) establish quarantines; (23) classify all violations of city ordinances as civil infractions, with civil penalties, as provided in 7-1-4150. and (24) exercise powers not inconsistent with law necessary for effective administration of authorized services and functions. CHAPTER 2- FORM OF GOVERNMENT The City of City of Kalispell municipal government operates under a Council -Manager form of government as established in 1989 by a vote of the people. 2.1 City Council Under this form of government, the Council provides legislative direction, sets City policy and monitors its execution by City staff through the City Manager. The City Manager serves as the City's chief administrative officer and is responsible for directing the day-to-day operations of the City. State Statute 7-5-4141(MCA). General powers of municipal council. The city or town council has power to make and pass all bylaws, ordinances, orders, and resolutions not repugnant to the constit on of the United States or of the state of Montana or to the provisions of this titi�iecessary for the government or management of the affairs of a city or town, for the execution of the powers vested in the body corporate, and for c ing into effect the provisions of this title. Municipal Code 2-1 City Council (Kalispell Municipal Code). 6. The commission shall be referred to as the City Couj)cil and shall cpnsist of eight (8) members serving terms of four (4) years. (Ord. 1166 § 2-1) 01 2.2 Mayor:..0 Municipal Code I 2-2 Mayor (Kalispell Municipal Code). The chair of the City Council sliall be known as the Mayor, shall be elected at large and shall be the ninsh voting member of the Council. (Ord. 1166 § 2-2) Ill��g�� I��'���Ifl �II�IVIIGr 2-3 Duties of mayor (Kalispell Municipal Code). The Mayor shall: A. Preside at all City Council meetings; B. Appoint, with the eghsent of the City Council, all members of advisory boards and commissions; C. Execute all ordinances and resolutions on behalf of the City after Council approval; D. Perform ceremonial functions as Mayor of the City of Kalispell; E. Perform any other duties specifically designated by ordinance or resolution. Except for the above, the Mayor shall have no other executive or administrative duties, those being the responsibility of the City Manager. (Ord. 1398, 9-17-2001; amd. Ord. 1680, 10-18-2010) 2.3 President of the Council Municipal Code 2-4 President of the Council (Kalispell Municipal Code). A. Election: At its first meeting of each even numbered year, the Council shall elect, by nomination and roll call, a president from its membership. In the Mayor's absence from Council meetings, the president shall preside over the meeting. Whenever the Mayor is unable to perform the functions of his or her office, the president shall act as Mayor. B. Successor: In the event the president of the Council resigns or becomes ineligible to serve, the Council shall elect a successor from its membership. (Ord. 1166 § 2-4; amd. Ord. 1680, 10-1,$-20104 2.4 City Manager The provisions that outline the City of 'sfes uncil-Manager form of government are found in ter 7-3-30tatutes and section 2-29 of Kalispell Municipal Code, utline th and responsibilities of the City %Manager. l� h,. 2-29 Statutory Authority and Duties The City alter shall: rq,l A. Enforcelaws, ordinances and resolutions; B. Perform the duties required of him or her by law, ordinances or resolutions; C. Administer the affairs of local government; D. Direct, supervise and a4 inister all departments, agencies and offices of the local government unit e'Nis, as otherwise provided by law or ordinance; E. Carry out policies estabby the City Council; F. Prepare the City Council agenda; G. Recommend measures to the City Council; H. Report to the City Council on affairs and financial condition of the City; I. Execute bonds, notes, contracts and written obligations of the City Council, subject to the following limitations: 1. All bonds, notes, contracts and written obligations, including accumulated contract change orders in excess of fifty thousand dollars ($50,000.00) must have prior written approval of the City Council regardless whether or not previously approved in the annual City budget, 2. Any bonds, notes, contracts and written obligations less than fifty thousand dollars ($50,000.00) may be executed by the City Manager without prior written approval of the City Council only if such amount was previously approved by City Council in the annual City budget; J. Report to the City Council as the Council may require; K. Attend City Council meetings and may take part in the discussion, but shall have no vote; L. Prepare and present the budget to the City Council for its approval and execute the budget adopted by the City Council; M. Appoint, suspend and remove all employees of the local government except as otherwise provided by law or ordinance; N. Appoint members of temporary advisory ttees established by the Manager. (Ord. 1166 § 2-29; amd. Or 18-2010) i I�i�Poll "W CHAPTER 3—LEGAL AND ETHICAC .. ANDARDS 3.1 Preamble The residents and businesses of the City of Kalispell are entitled to have fair, ethical and accountable local government. Such a government requires that public officials: Comply with both the letter and the spirit of the laws and policies affecting operations of the government; Support the maintenance of a positive and constructive environment for residents, businesses and City employees; Be independent, inipartial and fair in their judgment and actions; Use their public office for the public good, not for personal gain; and Conduct public deliberations and processes openly, unless legally confidential, i hl atmosphere of respect and civility. 3.2 Public Interest 3.2.1 Recognizing that stewardship of the public interest must be their primary concern, City Councilors shall work for the common good of the people of the City of Kalispell and not for any private or personal interest. City Councilors must endeavor to treat all members of the public and issues before them in a fair and equitable manner. 3.2.2 City Councilors shall comply with the laws of the nation, the State of Montana and the City of Kalispell in the performance of their public duties. These laws include, but are not limited to: the United States and Montana constitutions; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities and open meeting acts; and policies of the City of Kalispell. 3.3 Conduct 3.3.1 City Councilors shall refrain from abusive conduct toward other members of the City Council, boards, commissions, committees, st,Af or the public. Council member duties shall be performed rules of order established by the City Coutl In order to best accomplish City b themselves on public issues, lister body and focus on the business at Council decisions shall be based upon hand. with the processes and inform ins before the matter at of City Councilors to publicl e substantive Etdc o a matter tinder conside �bn that they have e of the public decision -making process with all public prior to taking action on the matter. assurii'Vi''eir indqwence and impartiality on behalf of the public Councilors are prdWted from using their official positions to pvernment decisions in which they have a financial interest. 3.4.2 City Councilors shall not take advantage of services or opportunities for personal gain by virtue of their public office that are not available to the public in general. 3.4.3 City Councilors shall respect and preserve the confidentiality of information provided to them concerning the confidential matters of the City. They must neither disclose confidential information without proper legal authorization nor use such information to advance the personal, financial or private interests of themselves or others. 3.4.4 City Councilors should avoid any action that could be construed as, or create the appearance of, using public office for personal gain, including use of City stationery or other City resources to obtain or promote personal business. 3.4.5 Public resources not available to the general public (e.g., City staff time, equipment, supplies or facilities) shall not be used by City Councilors for private gain or personal purposes. 3.4.6 To the best of their ability, City Councilors shall represent the official policies and positions of the City Council. When presenting their personal opinions or positions publicly, members shall explicitly state they do not represent the Council or the City. 3.5 Appearance of Impropriety When participation in action or decision -ma a public official does not implicate the specific statutory criteria for Nerest; however, participation still does not "look" or "f� t,lic official has probably encountered the appearance of improfl ,r. For the public to have faith and confidence that government rity will be implemented in an even-handed and ekcal manner, public o t may need to . step aside even though no technical conflict exists. An example is ere a long- term non financial affiliation e;lts between ubIic official and an applicant or the applicant is related by blood or marriage to ficial. For the good of the community, members who encounter th'!e earan �Iimpropriety should step aside. "��N�lu 3.6 im lementa 3.6.1 Ethics standards shall be ANNO.in th ular orientations for City Council. a 3.7.1 4::. 1 isclosure statement. Members oi?1 itrncil shall file with the City Clerk, by January 31"of each year, a " losure statement that will include the followine informationhe Ee bhp ram_ A. The name and address of the Councilmember and describe any current employment in addition to the elected position with the city; A B. The name of boards on which the Councilmember currently serves. 10 Comment [DR2]: Changes to 3.7 were discussed at the work session. Formatted: Indent: Left: 0.56", No bullets or numbering CHAPTER 4—COMMUNICA 4.1 Ex-parte Communication]'' pel-,i)w, iheii eiheh Comment [aR3]: Changes to the ex-parte communication section have been made following camments at the work session. Formatted: contend These instances any iiiarked b, ly ) only saecific persons are immediately impacted by the decision= thepersons living near the conditional use, variance or vacation, persons who obtain the license, and persons who will be assessed. and 2) each instance requires the Council to take a legal standard and apply it to the set of facts in order to arrive at a factual determination. This contrasts with a legislative decision that impacts the city as a whole. The following situations are example of adjudicatory issues in which ex arse communication concerns may need to he realized: A. PPpetition for a conditional use 11 B. Ppetition for variance C. aAwarding bid to particular contractor or vendor D. Special Improvement Districts Maek ef these examples is similan First, aftly speeifie persons ffe immediately impaeted by year- deeision the persens living near the eeaditiooal "Se, %-ar-iaftee the Sat Of faOtS hi .,.def tO aff iVO at .. F... hfai det---.....:...,r:.,., If any person attempts to con m*u , ate With a Council ember regarding the topic, the council member shall repprt the subs�ance of rypmmunication to the council on the public record at the next regular"ilheeting. EIII�I�IIG 11, I�UI�� 4.2 Communications with Staff '"$h, 4.2.2 A Council Member shall not direct staff to initiate any action, change a course of action or prepare any report, nor shall a Council member initiate any project or study without the approval of the majority of the Council. 4.2.3 City Councilors,1 hall not attempt to pressure or influence discussions, recorntnendatioi' orkloads. schedule's or department priorities absent the approval of a maj9ty of the Council. 4.2.4 Any concerns by a member of the City Council regarding the behavior or work of a City employee should be directed to the City Manager privately to ensure the concern is resolved.;.. �ialliih 4.3 Handling of Litigation and Other Confidential Information 4.3.1 All written materials and verbal information provided to City Councilors on matters that are confidential under State law shall be kept in complete confidence to ensure that the City's position is not compromised. 4.4 Representing an Official City Position 12 4.4.1 City Council members may use their title only when conducting official City business, for information purposes, or as an indication of background and expertise, carefully considering whether they are exceeding or appearing to exceed their authority. 4.4.2 In most instances, the Council will authorize the Mayor to send letters stating the City's official position to appropriate legislators. 4.4.3 If a member of the City Council appears before another governmental agency or organization to give a statement on an issue affecting the City, the Council member should indicate the majority and minority sition and opinion the �ouncit - . - .. .. . - - - - - - - - .- ..,3111I it - - - - 4.5 Communications with each other IIIIIIII', "i 4.5.1 Council members meeting together " �ttorurn outsiif publicly announced meeting may be in jeopardy of vio respective open ng acts. Should the occasion arise, when a quorum is ga d uncxp tedly, cit' mess should not be discussed. 4.6 Email Communication 4.6.1 Email communications have in many cases been CII ered public documents and are requested as such under respective open record ac "111 Both public and private computers contain public records are subject to subpoena. 4.7 Unofficial Sett ids qil�fl' 4.7.1 It is appropriate that Council A,� l Tecognize that as elected officials, their conversations when out in public wi �YIIIIII ' overheard. Members of the Council should take care to be aware of what they say in public, whether in private or public) nversations. �q 9igjijp CHAPTER COUN&L MEETINGS 5.1 Regular Mee Ilif I� Il�I41' 5.1.1 The City Council shall hold regular meetings on the first and third Monday of each month at 7:00 p.m. in the City Council chambers or any other location or time they so designate. The City Council chambers is located in City Hall, 201 First Avenue East, Kalispell, Montana. (Ord. 1166 § 2-6; amd. Ord. 1680, 10-18- 2010) 5.2 Special Meet 13 Comment [DR41: Changes as discussed at work session. 5.2.1 Per City Code, section 2-8 Special meetings may be called by the Mayor, or in his or her absence, the president of the Council. A special meeting may also be called at the request of three (3) members of the Council. Whenever a special meeting shall be called, a notice in writing signed by the Mayor or the Council President shall be served upon each member of the Council either in person or by notice left at their place of residence, stating the date and hour of the meeting. Notice of a special meeting must be served upon the Council at least twenty-four (24) hours prior to the meeting and the public me hall be notified as soon as practical prior to such meeting. Ilf' 5.3 Work Sessions 5.3.1 Work Sessions are conducted as a public meeting which thip Council may set from time to time to allow for a detailed: review of important ma4' All study session meetings are open to the public. 5.4 Public Access to meetins ;'!llIlHipu,;, I' i. 5.4.1 Under state law, MCA 2-3-203, all meetings of the council or city committees must be open to the public. Exceptions: A. A meeting may be closed when discussion relates to a matter of individual privacy if and only if the presiding officer determines that the demands of the individual privacy exceeds the merits of public disclosure. "1141B. A meeting may also be closed to discuss a strategy for litigation when open discussion' would have a detrimental effect on the position of the public agency, unless litigation is between two public agencies. 5.5 Votiniz Proce ell Municipal Code: 2 1 - Comment [DR5]: This section is taken from municipal ordinance. i added the last three subsections from the ordinance as they provide a. Affirmative Vote Required: In order for a motion to be adopted by the additional relevant information for procedure. Council, the motion must receive an affirmative vote from the majority of the Council present at the meeting, unless otherwise provided by State law or ordinance. b. Roll Call; Recording: Votes on resolutions and ordinances shall be taken by roll call and each member's vote shall be recorded in the minutes. 14 c. Viva Voce Votes: Votes on motions other than resolutions and ordinances shall be taken viva vote. If any member of the Council requests, or if the Mayor determines it necessary, a show of hands may be used to verify a vote. d. Member Vote Required; Exceptions: When a question is stated upon any matter before the Council, every member of the Council present shall vote unless: 1. Excused by a majority vote of the Council present; 2. Directly interested in the question; or 3. Prohibited by State law; in which case theQlkmcil member shall not vote. last. 5.6 Placing Items on Agendas An adopted agenda setting policy facilitates a consistent process for staff to research and provide equal and thorough information to the entire council. 5.6.1 Per City Code, 2-29 (F) One of the duties of the City manager is to "Prepare the City Council Agenda" Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" * Formatted: Indent: Left: 0.75" Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at 0.5" + Indent at: 0.75" •- - Formatted: Indent: Left: 0" f - - - Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0,5" + Indent at: 0.75" Formatted: List Paragraph, No bullets or numbering 5.6.2 To place an item on an agenda, a Council member can eitheF request that an item be introduced during the "Mayor/Council/City Manager's Report" section of the meeting, L, . by eenteeting the Gity AAA..........', o ffi a with the Few.. es! by neon en the Wednesday p- eed ng the m .:....1. The item may first" be placed as a Comment [DR6]: This change came from a discussion item at a future work session for the Council deliberation. [roues[ from a council member. Ichange would provide more consistency for agenda item initiation. 15 5.6.3 Any person may request placement of a matter on the Council agenda by providing a written request to the City Manager's office. If the matter is of an operational or managerial nature, staff will address the concern without placing the item on the agenda. A copy of the letter and staff response will be provided to the Council. If the item is of a policy related matter, the item will be distributed to the Council. If a Council member desires that topic to be placed on a future agenda, the process outlined in Section 5.6.2, will be followed. 5.6.4 Nothing in this section prohibits or is intended to impede a member of the public from approaching the Council during the "public comment" section of the meeting. 5.7 Rules of Procedure,'I �I91,!h, INpIII ur, 5.7.1 In instances not addressed by adopted policy, meetings will be conducted using "The Modem Edition of Robert's Rules of Order" as a reference and/or guidance. (Kalispell Municipal Code, 2-13). 5.8 Decorum 5.8.1 While the City Council is in'l sill"erson?i 1 conduct themselves with reasonable decorum. E h,hill,. 1hit, 5.8.2 The Chief ice o'i'i1W meml 4, be91i;QWe Police Department as the Chief may ate, Shia, .I the ser , nt-at-arms of the Council meetings. shall carry out all orders and for the purpose of maintaining order and :t shall be the Elbity of 4Ld Comment [DR7]: This section was discussed at the work session. Though it is a municipal ordinance, removing it from this document doesn't disturb the intent of the section as The 5.8.2.1 covers . ifiE O fA ...O e e such the Sergeant -At -Army as maintain order. 5.9 --Agenda Packets 5.9.1 Agenda packets are to be made available for council members the Mayor's office, the City's web site (www.kalispell.com). 5.9.2 Agenda packets are to be prepared for pickup Council members on the Friday prior to (Monday) Council meetings. 16 CHAPTER 6—COUNCIL FINANCIAL MATTERS 6.1 City Council Budget and Expenses 6.1.1 On an annual basis, the City Council passes a budget that includes anticipated expenditures for the upcoming year for the Council. Expenditures outside of routine expenses and budgeted items shall be pre -approved as needed by the City Council. These expenditures may include but are not limited to: seminar and conference registrations, travel expenses, and Cout p:il equipment purchases. Expenditures that cannot be pre -approved due to time limitations may not be reimbursable. ��I,V�lil,� n91!011111 I� 7..1 Df6440ee% 17 Comment [DRi]: This section has been removed following discussion at the work session._ 18 19