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4. Resolution 5607 - City Council Policies & ProceduresTO: Mayor Fisher and Kalispell City C uncil FROM: Doug Russell, City Manager' MEETING DATE: February 4, 2013 SUBJECT: Policies and Procedures for the Kalispell City Council BACKGROUND: Municipal governance entails a broad spectrum of activity in which circumstances occasionally arise that may not have a formal policy guiding the response. At times, these circumstances can create confusion as entities try to determine what to do. To overcome this, some municipalities adopt a formalized set of policies and procedures to guide activity, thus ensuring a standard base of expectations. Typically, the formally adopted document includes, but is not limited to: Agenda Setting, Commission Communications (with each other, the public, and staff), Legal Concerns, Roles and Responsibilities, and Financial Matters. Two work sessions have been held in which Council considered drafts of a policy and procedures document that would serve as a local ethics policy and an orientation manual for elected officials. Revisions from the last two work sessions have been incorporated and 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 from the last work session. In addition to incorporating ethical components that complement the State policy, this document will also serve as an educational component for newly elected members of the governing body. RECOMAWNDATION: It is recommended that Council approve Resolution 5607, which formally adopts the "Policies and Procedures for the Kalispell City Council". ALTERNATIVES: Modifications have been made by Council at the previous work sessions. Additional modifications can be incorporated. FISCAL IMPACTS: There are no fiscal impacts directly associated with adopting the Policies and Procedures document. www.kalispell.com RESOLUTION NO.5607 A RESOLUTION FORMALLY ADOPTING THE "POLICIES AND PROCEDURES FOR THE KALISPELL CITY COUNCIL" AS AN ETHICS POLICY AND ORIENTATION MANUAL. WHEREAS, the City Council has desired to investigate the adoption of local ethics policy that complements existing regulation; and WHEREAS, the City Council recognizes that governance presents opportunities where the adoption of a standardized set of expectations may be advantageous to local governance responsibilities; and WHEREAS, the proposed document is in line with State Statutes, Municipal Code, and general municipal practice; and WHEREAS, Adoption of formal policies provides confidence to respective parties when making decisions that are addressed in the document; and WHEREAS, An adopted set of policies and procedures can and should be used as the first document for newly elected member of the City Council, introducing them to the expectations of the office; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION 1. The City of Kalispell formally adopts the "Policies and Procedures for the Kalispell City Council", attached hereto as Exhibit "A" and incorporated fully herein by this reference, as its local ethics policy and orientation manual. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 4TH DAY OF FEBRUARY, 2013. Tammi Fisher Mayor ATTEST: Theresa White City Clerk EXHIBIT "A" Policies & Procedures for the Kalispell City Council CHAPTER 1-MUNICIPAL POWERS 1.1 State Statutes CHAPTER 2-FORM OF GOVERNMENT 2.1 City Council 2.2 Mayor 2.3 President of Council 2.4 City Manager CHAPTER 3-LEGAL AND ETHICAL STANDARDS 3.1 Preamble 3.2 Public Interest 3.3 Conduct 3.4 Conflict of Interest 3.5 Appearance of Impropriety 3.6 Implementation 3.7 Disclosure Statement CHAPTER 4-COMMUNICATIONS 4.1 Ex-parte Communications 4.2 Communications with Staff 1 4.3 Handling of Litigation and Other Confidential Information 4.4 Representing an Official City Position 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 Special Meetings 5.3 Work Sessions 5.4 Public Access to Meetings 5.5 Voting Procedure 5.6 Placing Items on the Agenda 5.7 Rules of Procedure 5.8 Decorum 5.9 Agenda Packets CHAPTER 6-COUNCIL FINANCIAL MATTERS 6.1 City Council Budget and Expenses 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 for personal gain. ■ Conduct public deliberations and processes openly, unless legally confidential, in an atmosphere of respect and civility. To this end, the City of Kalispell City Council has adopted this formal Policies and Procedures (Code of Conduct) document to encourage public confidence in the integrity of local government and its fair and effective operation. "Nothing within this document shall be meant to supersede any State Statute (including the Code of Ethics for municipal officials), municipal ordinance, 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. (3) Executive powers are vested as provided in the form of government adopted by the municipality. (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; (4) exercise any power granted 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 special 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: (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; F1 (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 appoint and remove members of boards; (12) ratify any action of the municipality or its officers or employees that could have been approved in advance; (13) have a corporate seal and flag; (14) acquire by eminent domain, as provided in Title 70, chapter 30, any interest in property for a public use authorized by law; (15) initiate a civil action 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. 5 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 title, necessary 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 carrying into effect the provisions of this title. Municipal Code 2-1 City Council (Kalispell Municipal Code). The commission shall be referred to as the City Council and shall consist of eight (8) members serving terms of four (4) years. (Ord. 1166 § 2-1) 2.2 Mayor Municipal Code 2-2 Mayor (Kalispell Municipal Code). The chair of the City Council shall be known as the Mayor, shall be elected at large and shall be the ninth voting member of the Council. (Ord. 1166 § 2-2) 2-3 Duties of Mayor (Kalispell Municipal Code). The Mayor shall: A. Preside at all City Council meetings; B. Appoint, with the consent 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). 0 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, 10-18-2010) 2.4 City Manager The provisions that outline the City of Kalispell's Council -Manager form of government are found in Chapter 7-3-301 of State Statutes and section 2-29 of Kalispell Municipal Code, which outline the duties and responsibilities of the City Manager. 2-29 Statutory Authority and Duties. The City Manager shall: A. Enforce laws, 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 administer all departments, agencies and offices of the local government unit except as otherwise provided by law or ordinance; E. Carry out policies established by 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; 7 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 committees established by the Manager. (Ord. 1166 § 2-29; amd. Ord. 1680, 10-18-2010) CHAPTER 3—LEGAL AND ETHICAL STANDARDS 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, impartial 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, in an 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, staff or the public. 3.3.2 Council member duties shall be performed in accordance with the processes and rules of order established by the City Council. 3.3.3 In order to best accomplish City business, City Councilors shall inform themselves on public issues, listen attentively to public discussions before the body and focus on the business at hand. 3.3.4 Council decisions shall be based upon the merits and substance of the matter at hand. 3.3.5 It is the responsibility of City Councilors to publicly share substantive information that is relevant to a matter under consideration that they have received from sources outside of the public decision -making process with all other City Councilors and the public prior to taking action on the matter. 3.4 Conflict of Interest 3.4.1 In order to assure their independence and impartiality on behalf of the public good, City Councilors are prohibited from using their official positions to influence government 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 I 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 -making as a public official does not implicate the specific statutory criteria for conflicts of interest; however, participation still does not "look" or "feel" right, that public official has probably encountered the appearance of impropriety. For the public to have faith and confidence that government authority will be implemented in an even-handed and ethical manner, public officials may need to step aside even though no technical conflict exists. An example is where a long- term non -financial affiliation exists between the public official and an applicant or the applicant is related by blood or marriage to the official. For the good of the community, members who encounter the appearance of impropriety should step aside. 3.6 Implementation 3.6.1 Ethics standards shall be included in the regular orientations for City Council. 3.7 Disclosure Statement 3.7.1 Disclosure statement. Members of the City Council shall file with the City Clerk, by January 3 Vt of each year, a disclosure 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 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. 10 4.2 Communications with Staff 4.2.2 A Council member shall not direct the City Manager or 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 shall 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 Handlingof 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 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 position of the Council. 4.5 Communications with each other 4.5.1 Council members meeting together as a quorum outside of a publicly announced meeting may be in jeopardy of violating respective open meeting acts. Should the occasion arise, when a quorum is gathered unexpectedly, city business should not be discussed. 4.6 Email Communication 4.6.1 Email communications have in many cases been considered public documents and are requested as such under respective open record acts. Both public and private computers that contain public records are subject to subpoena. 11 4.7 Unofficial Settings 4.7.1 It is appropriate that Council members recognize that as elected officials, their conversations when out in public will be overheard. Members of the Council should take care to 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 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 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 media shall be notified as soon as practical prior to such meeting. 5.3 Work Sessions 5.3.1 Work Sessions are conducted as a public meeting which the Council may set from time to time to allow for a detailed review of important matters. All study session meetings are open to the public. 5.4 Public Access to meetings 5.4.1 Under state law, MCA 2-3-203, all meetings of the council or city committees must be open to the public. 12 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. 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. Voice 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 Council present; 2. Directly interested in the question; or 3. Prohibited by State law; in which case the Council member shall not vote. 4. For reasons that will be stated in minutes of the meeting e. Rotate Call: The clerk, in calling the roll call vote, shall rotate the call each meeting to members of the Council present, except that the chair of the meeting shall vote last. f. Economic Benefit of Member Prohibited: No Council member shall perform any official act directly and substantially affecting to its economic benefit a business or other undertaking in which he or she either has a substantial financial interest or is engaged as counsel, consultant, representative or agent. g. Voluntary Disclosure: A Council member may perform an official act notwithstanding the provisions of subsection F of this section when his or her participation is necessary to obtain a quorum or otherwise enable the body to act, if he or she complies with the voluntary disclosure procedures under Montana Code Annotated Section 2-2-131. (Ord. 1166 § 2-14) 13 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" 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 meeting. The item may first be placed as a discussion item at a future work session for the Council deliberation. 5.6.3 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 to request consideration of a respective public policy matter. 5.7 Rules of Procedure 5.7.1 In instances not addressed by adopted policy, meetings will be conducted using "The Modern 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 session, all persons shall conduct themselves with reasonable decorum. 5.8.2 The Chief of Police or such member or members of the Police Department as the Chief may designate, shall be the sergeant -at -arms of the Council meetings. 1. Sergeant -At -Arms: The sergeant -at -arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meetings. 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. 14 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 Council equipment purchases. Expenditures that cannot be pre -approved due to time limitations may not be reimbursable. 15 City of Kalispell GounGil Policies & Procedures for the Kalispell City C©uncill Comment [DRi]:Easier toread. CHAPTER 1-MUNICIPAL POWERS 1.1 State Statutes CHAPTER 2-FORM OF GOVERN10 11111I11111 1Illlllhllllllp 2.1 City Council IIIII 2.2 Mayor �l�I 1�IIIIIIIItII Ip 2.3 President of Council Qq� IIIN I�lu 'I'il�' IIII� �� IIIIIIIII II ,llkl�: 2.4 City Managerp,.,.1 CHAPTER 3-ANDHIIII LARDS f 3.1 Preamble ��IIIIIIIIII Illllilpl �� 3.2 P�t� .. 11 �������� uIIIIIIIIINIIIIIIII►� ���III�I. dill I� �IIIIIIIIDu� 3.3 CondductIIIHII,;, lGNllplll�ll 3.4 Conl4 Interest """RRIry! Illlllllllll�lh I 3.5 Appearanc 14 propri 3.6 Implementation 3.7 €ipanGAal-DisclosureStatement _- Comment [DR2]:Removed "rmancW-as discussed at work session. CHAPTER 4-COMMUNICATIONS 4.1 Ex-parte Communications 4.2 Communications with Staff 4.3 Handling of Litigation and Other Confidential Information 1 4.4 Representing an Official City Position 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 Special Meetings 5.3 Work Sessions l 5.4 Public Access to Meetings 5.5 Voting Procedure f Ilgl�4 f �0011 5.6 Placing Items on the Agenda f ilili ;i 5.7 Rules of Procedure 5.8 Decorum 5.9 Agenda Packet§ CHAPhtik"' 1. ` pot N fL FINANCIAL MATTERS 6.1 OtV;Council Budq Band Ex*hses 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 judgmentAnd actions. • Use their public office for the public good, not for pefsonal gain. • Conduct public deliberations and processes openly, unless legally confidential, in an atmosphere of respect and civility. To this end, the City of Kalispell City Couadopted this formal Policies and Procedures (Code of Conduct) document 101 encourage public confidence in the integrity of local government and its fair and effectivj, ration qj "Nothing within this document shall be meant to super" dp the Code of Ethics for picipal officials}, municipal ordif obligation. 4191 IN 1h1h. any State Statute (including ice, or other regulatory 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, (2) All legislative powers are ve municipality. (3) Executive powers are veste adopted by the municipality. (4) The judicial powers of a munic 7-1-4123(MCA). Legislative powers. A municipality with general powers k provisions of s ' '1 !� to adopt, Amer. utive, and judicial powers. the governingbody of the tided ' the form' of government ested in the municipal court. subject to the and resolutions required tq11 1 (1) presery ceeur and secure freedom from dangerous or noxious . .ties; IF 11111 se d pr the g ublic health and welfare; provi ser r perfo my function authorized or required by lustate law; I (4) NNIIII ercise any er gr d by state law; (5) .ect to 15- 20, levy any tax authorized by state law for public or g ental oses as described in 7-6-2527; (6) appr to c funds; (7) impose 1 assessment reasonably related to the cost of any special service or ecial 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: 4 (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 mgty, property, services, or other advantages from the state government,`.Ae federal government, or any other source; (9) make grants and loans of money, property, and services for public purposes; (10) require the attendance of wit S' and production of documents relevant to matters being considere4l a governing body; (11) hire, direct, and discharge a ees and ?point and remove members of boards; ' (12) ratify any action of the municipal' officers or employees that could have been approved in advance; (13) have a corporate seal and flag; (14) acquire b eminent domain, as ed in 70, chapter 30, any intere y for a public law; (15) ini ' civi n to restrain o njoation of an ordinance; (16) ente ate pro y, obtaining warrants when necessary, for the purpose } of enfo or�d ,ps that affect the general welfare and public safety; (17,f' tdy ppdmct a I� 11�111iil �lif f"Ih III k(21�1��,,,Ijjlilugpound cot lfttevent s of puhli h� peity and preparatory studies; condemty4nd d� fish hazar i s structures; hU ir0f purchase 'fill,�,f nce establish self-insurance plans; a � sand .� r private property creating a nuisance or 11 ctinR a slxeet or hishwav: (22) es' It quaran�nes; (23) class 1 vk fl� Lions of city ordinances as civil infractions, with civil penaltie yprovided 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 7-5-4101(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 constiton of the United States or of the state of Montana or to the provisions of this �Yiecessary for the y, government or management of the affairs of °' ;„or town, for the execution of the powers vested in the body corporate, Y mg into effect the provisions of this title.,., Municipal Code 2-1 City Council (Kalispell Munic The commission shall be referred to as (8) members serving termAf four (4) : 2.2 May Execute all approval; Rncil and A 1166 § 2-1) of eight as the Mayor, shall be elected at the Council. (Ord. 1166 § 2-2) meetings; of the City Council, all members of advisory boards and resolutions on behalf of the City after Council 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 Couil resigns or becomes ineligible to serve, the Council shall elect a successor from its membership. (Ord. 1166 § 2-4; amd. Ord. 1680, 10-18-2010) 2.4 City Manager " ilii The provisions that outline the City of lispell qouncil-Manager form of government are found in Chapter 7-3 30 q; ,Sty �'tatutes and section 2-29 of Kalispell Municipal Code, which outlineth''tittes and responsibilities of the City Manager. 2-29 Statutory ity and Duties. The City i s A. Enforce ordin s and resolutions; B. P orm the s of him or her by law, ordinances or resolutions; the s of lo� $pyernment; Direct, su e an I mister aidepartments, agencies and offices of the al govern it t as otherwise provided by law or ordinance; E. out polici tablis by the City Council; F. Prep e City cil agenda; G. Reco f ins to the City Council; H. Report to th Council on affairs and financial condition of the City; 1. 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 7 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 rrees established by the Manager. (Ord. 1166 § 2-29; amd. Or& J;Al,,' 18-2010) CHAPTER 3—LEGAL AND ETHICAV! STANDARDS 3.1 Preamble The residents and businesses of the City of Kalispell are entitled to have fair, ethical and accountable local government. Such a ggyernment requires that public officials: Comply w' th thel r and the spirit of the laws and policies affecting ,t operations o gove nt; - . ARMN19he mdRWWeeNINbositiVftnd constructive environment for - independeil parti'llfl d fair in their judgment and actions; UsE " public o e for the public good, not for personal gain; and - Conduct rations and processes openly, unless legally confidential, I 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. 8 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. 3.3.2 Council member duties shall be performed rules of order established by the City Coup 3.3.3 In order to best accomplish City bus' themselves on public issues, listen, body and focus on the business at ha 3.3.4 Council decisions shall bd 14 d upon hand. lid r :: { dance with the processes and y Counc hall inform to public di ions before the Atsubstance 'o 6 matter at 3.3.5 It is the responsibility of City ncilublic]M a substantive information ant to a ter ile on that they have received fr, urce ide of de" making process with all other City 'IIjllIlors a publi r to taking action on the matter. IIIIII�Bip��l'� 3.4 ict o st IpI� IIN 3.4.1 I er to assure �dl ence and impartiality on behalf of the public goo ty Council t e pro ted from using their official positions to influe I vemmen cisions in which they have a financial interest. 3.4.2 City Councilb%Oublic take advantage of services or opportunities for personal gain by virtue o 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 -in a public official does not implicate the specific statutory criteria for- interest; however, participation still does not "look" or "f ht, tha lie official has probably encountered the appearance of impr For the public to have faith and con Ce that pyernment'l will be implemented in an even-handed and a'a mpublic ofmay need to step aside even though no technical confliGfjr�n exampere a long- term non -financial affiliation exists between ffi,`� ublic official and an applicant or the applicant is related by blood or marriage to . Official. For the good of the community, members who erindlinter the appearan0l, i f impropriety should step aside. a ����lillllq,; 3.6 Imhlementalion illi��lli'I� �Illfl 3.6.1 E� tl 11 l rds sit 41 11 �lnclit ed an the regular orientations for City Council. 3.7.1 Members of di cil shall file with the City Clerk, by January 315` of each year, a di 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 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. the ------derision the----er-seas 1'--------- ---------------'---------- - - - - -_ tAmment[DR3]:Removed this secdonas • discussed at work session, knowing it will be per -sons who will be assesse :� elaborated upon during orientation. .«.. t..«.,,. «..,.... «,... ♦t,,. f',..,,,..:1 •,. •., 1,.... 1..,...1 mot..., .7.,«,1 ..«,] ......I., 4.2.2 A Council metuber sI1a11 g , not direCity Manager CManager or staff to initiate any action, _ comment [DR43: Discussed at work session change a oo„ e of actici or prepare any report, nor shall a Council member initiate any ,�Pct ocr st idy without the approval of the majority of the Council. 4.2.3 City Councilors shall 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 the Mayor to send letters stating the City's official position to appropriate legislators. 4.4.3 If a member of the City Council appear§ihefore another governmental agency or organization to give a statement on due affecting the City, the Council member should indicate the major` d minority position of the Council. 4.5 Communications with each other�i iE I� r 4.5.1 Council members meeting together as a quo utside of a publicly announced meeting may be in jeopardy of violating respec en meeting acts. Should the occasion arise when a quorum is gathered unexp , city business should not be discussed 4.6 Email Comm%►ication 4.6.1 E �' fit! umcah� l ewe" 41 ►any cases been considered public documents and oE 0{fNM n�4il y� que uch r resp6b41j e open record acts. Both public and private puters tha in is records & subject to subpoena. ffim 4.7.1 It is appr" that cil members recognize that as elected officials, their conversatio Weilln public will be overheard. Members of the Council should take carware of what they say in public, whether in private or public conversat 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 of residence, stating the date and hour of the meeting. Notice of a special meeting must be ser',y upon the Council at least twenty-four (24) hours prior to the meeting and lalie media shall be notified as soon as practical prior to such meeting. '! 5.3 Work Sessions I 5.3.1 Work Sessions are conducted as a public me ' 1, hich the Council may set from time to time to allow for a detailed review of imps, t matters. All study session meetings blic aJo I„the public. 5.4 PuAcc meet �'o�tae Ali 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..—. eee-Voice [Votes: Votes on motions other than resolutions and comment (DRsI: As discussed at work session. 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: '111uali 1. Excused by a majority vote of oinutesof!the resent; 2. Directly interested in the quest 3. Prohibited by State law; in wh'illC �-1 member shall not vote. 4. For reasons that will be state eetin I Comment (DR6]: As discussed at work session. e. Rotate Call: The clerk, i alling the ro14q v Mall rotate the" � �;ach meeting to members of the Coui9Ie nt, except chair of the meetiflg shall vote last. �f I i IIIII�IIII I� '�I4 IIaIIIII�I f. Economic 1�� ember ibite nci offiber shall perform any official ctly ubstant tng onomic benefit a business or other un ing m h he or s er has a su stantial financial interest or is engaged as el, cq u►t, repr ative or agent. osurg ouncil filler may perform an official act idi pro s of subsection F of this section when his or her )n is n sary t�i in a quorum or otherwise enable the body to act, if omplies the vii rotary disclosure procedures under Montana Code Section �131. (Ord. 1166 § 2-14) 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" 14 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 meeting. The item may first be placed as a discussion item at a future work session for the Council deliberation. Comment [DR7]: This section was discussed at work session and identified as being a section to review. In this draft it has been deleted with language modified in original section 5.6.4, which is now 5.6.3 the Cetmeil. if the itefft is ef a Pokey Felated matter-, the item will be distfibu 5.6.43 Nothing in this section prohibits or is from approaching the Council during meeting to request consideration of a 5.7 Rules of Procedure 5.7.1 In instances not addressed"' "The Modem Edition of Ro (Kalispell Municipal Code, 2- 5.8 Decorum 5.8.1 While the re�lAQ 5.8.2e Chiei 5.9 Agenda Packets a member of the public if' section of the will be conducted using reference and/or guidance. shall conduct themselves with )er'11nembers of the Police Department as the sergeant -at -arms of the Council meetings. he sergeant -at -arms shall carry out all orders and the presiding officer for the purpose of maintaining the Council meetings. 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. 15 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 Council equipment purchases. Expenditures that cannot be pre -approved due to time limitations may not be reimbursable. 16