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City Council Agenda Packet 01-13-2025 SpecialAGENDA MONTICELLO CITY COUNCIL SPECIAL MEETING Monday, January 13, 2024 — 5:30 p.m. Monticello Community Center (Academy Room) Call to Order 2. 5:30 p.m. Administrative Update 3. Adjournment LHC LEAGUE MINNESOTA CITI ES INFORMATION MEMO Role with It: Individual Versus Council Authority Learn common ways council members overstep their roles and the personal legal responsibility that may result. Understand your role as an individual council member versus your role as part of the entire city council. RELEVANT LINKS: I. Role of an individual elected official The elected city council is the foundation of city government in Minnesota. The city council passes ordinances and adopts policies that shape the city's present and future well-being. See Handbook, Elected The city council as a group, not individual council members and mayors, Officials and Council Structure and Role, Section perform the duties required by law. The entire city council, not individual 11-A, Role of the Individual council members, supervises administrative officers, makes policies, Council member and Section 11-B, The Councils enters into contracts, and exercises city powers. Generally, preparing for Authority. and attending meetings and voting on policy are elected officials' key duties. For statutory cities, Minnesota law lists specific council duties, including the authority to make and second motions, participate in discussions, and vote on matters before the council. II. Tips for meetings Elected officials sometimes struggle to transition from an individual candidate to a member of a decision -making body. Tips can ease this transition: • Before the meeting, read the packet and share any possible questions or concerns with staff. • Remember that staff work for the city and act at the direction of the council as a whole, not at the direction of individual council members or the mayor. • Arrive to meetings on time. • Learn and use the city's bylaws and rules of procedure. • Learn how to add items to the agenda. • Listen to others and be curious about their perspective. • Put personal feelings aside and find shared interests. • Acknowledge others' reasoning and explain your own. • Put away cell phones and other distractions. • Focus on progress toward city goals. This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. 145 University Ave. West www.Imc.org 10/1/2024 Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 © 2024 All Rights Reserved RELEVANT LINKS: Because council members make decisions as a group, how council members behave during meetings is important. With the right mindset and clear policy in place, public meetings can result in efficient decision making. III. Team leadership City councils and staff are a team. Close-knit teams have more success achieving their goals than teams that lack trust. Disrespect affects team performance by causing stress and tension among team members. Leaders of close-knit teams: • Cut people slack. • Do not blame others. Council members and staff are a team. • Focus on the process, not the people involved. • Assume that others have good intentions. • Listen to learn, instead of pretending to listen while thinking of their next statement or counter argument. • Ask questions and be patient while waiting for a response. Silence allows others to think. Compromise is good but understanding everyone's point of view may lead to a new idea that meets everyone's needs. • Practice empathy. Empathy does not mean giving up your beliefs. Empathy is the ability to take on other peoples' perspectives and to understand, feel, and share their experience. • Identify each team member's strengths and recognize their unique contributions to create a sense of belonging. • Empower others by delegating with clear expectations. • Celebrate success! Success comes in all shapes and sizes. IV. Council members and city employees While the council handles city policy, staff handles city administration and management. Sometimes, the line between these roles is blurry — council members and staff may overstep, causing potential legal responsibility for the council member and the city. Generally, council member duties include upholding their oath, modeling respectful behavior, participating in council meetings and votes, working with staff to educate themselves about city issues, and connecting the city and its residents. Individual council members do not have administrative authority. This means that they cannot give direct orders to or supervise city employees, unless allowed by the council. Council members should remember that staff work for the council as a group not for one individual council member. League of Minnesota Cities Information Memo: 10/1/2024 Role with It: Individual Versus Council Authority Page 2 RELEVANT LINKS: Sometimes, council members (including mayors) forget about their role as a team member and try to take action individually. This can cause conflict, making staff feel distrusted or unappreciated. Sometimes, this can also make council members and the city legally responsible for taking unauthorized actions. City employees have the unique challenge of working for a public body, whose members change from year to year. Many cities find that adopting clear policies and practices leads to better city governance. These policies and practices often include: • Elected officials follow a communication protocol to give or receive information to or from staff. • Staff check -in with elected officials after packets go out but before council meetings to gather or answer questions. • Elected officials inform staff about concerns or additional questions before the meeting. • Elected officials select a staff person to give information to other elected officials before the meeting to allow for in-depth discussion without violating the Open Meeting Law. • Staff understand that the council may not always follow staff recommendations and, in those instances, accept the council's decision. A. Role scenario The following employment scenario helps demonstrate how an individual council member, who just wants to do the right thing for the city, can overstep their role when dealing with employee discipline and termination, potentially exposing the city to legal responsibility. Imagine the council has ongoing concerns with the municipal liquor store manager. Citizens complain that the store is closed when it should be open and that the staff drinks on the premises. One council member decides to address the situation herself. She continuously stops by the store and even drives by the manager's house to make sure he is not home when he should be working. During one visit to the store, the council member finds the staff, including the manager, drinking in the back of the store. Knowing that the council would agree, she terminates the manager on the spot. To make this situation easier, she negotiates a severance package with him. The council member then tells several friends about the incident, making some exaggerated descriptions of what happened. Even though the liquor store manager's actions raise many concerns about legal responsibility for the city, the council member acted beyond the scope of her authority and her actions also present problems for the city. League of Minnesota Cities Information Memo: 10/1/2024 Role with It: Individual Versus Council Authority Page 3 CIiice-o Or on Elected Officials: Social Media Use Introduction The City of Monticello does not provide or administer official social media accounts to elected officials. However, we understand that these platforms are powerful tools for officials to engage with their constituents. However, if elected officials opt to use social media, these accounts are not covered under the City's social media policy. Instead, staff offer the following guidance based on recommendations from the League of Minnesota Cities. Account Settings Page Creation: Although the accounts are not official city accounts, elected officials are encouraged to create public pages rather than personal profiles. This allows all people to view the content on the pages without having to be "friends" with the elected official. It also allows you to keep conversations with your constituents separate from your personal account subject matter. Name on the Account: Personal social media account names should not be tied to the city. This will help clarify that the individual is not speaking officially on behalf of the city. Page Transparency: Elected officials who use personal social media accounts are encouraged to complete profiles on the sites and reveal they are elected officials for the city. Officials are encouraged to include a disclaimer that any opinions they post are their own, not those of the city. Recommended disclaimer: All content is created in my personal capacity; views and opinions are my own and do not reflect the official position of the City of Monticello. Please be aware that, although not official city communication, the content will inherently create perceptions about the city among visitors to their personal account sites. Individual actions, whether positive or negative, will impact how the city is viewed. A good standard to follow is if you would be embarrassed to see the comment appear in the news, don't post it. Content Responsibilities When using social media accounts, it's essential to be honest, straightforward, and respectful. Since the account is not an official city communication source, you are personally responsible for what you post. You are responsible for: • Abiding all privacy and confidentiality laws in your posts • Never sharing non-public information related to council colleagues, personnel City of Monticello: Guidance for Elected Officials about Social Media data, medical information, claims or lawsuits, non-public or confidential information, or other privileged information provided to you as an elected official • Never posting content, including photographs, that infringes on trademark, copyright, or patent rights of others • Not posting hateful, biased, or discriminatory content • Avoiding content known to be false, misleading, or fraudulent • Refraining from blocking or banning followers from your account • Ensuring posts comply with the Minnesota Open Meeting Law You are encouraged to: • Post content that is suitable for readers/viewers of all ages • Create a plan specifying your goals and the content you want to highlight — these can act as guides helping you decide if something is appropriate for you to post • Draft posts in a program like Microsoft Word and review them carefully before posting publicly • Be careful with humor — especially when it can be easily misinterpreted or potentially offensive Mistakes, liability, and claims against the city To help prevent errors, elected officials should not post official information about the city. Instead, allow city information to originate on official platforms covered by adopted policies and procedures. Deviating from this practice increases the possibility of errors that could create city issues ranging from minor to significant. Posting official city information may also create unforeseen liability issues. • Inconvenience Example: Posting the wrong opening date for enrollment in a parks and recreation program likely will create confusion, inconvenience, and even frustration among residents who try to enroll their kids in a program too early or who find a program full because they tried to enroll their kids too late for a program. • Potential Liability Example: Posting incorrect information about a new city ordinance related to land use zoning stands a greater chance of creating liability if someone acts based upon that incorrect information and is later penalized for the action they took based upon the incorrect information posted by an elected official. If you make a factual mistake, please correct it as soon as you are aware of the error. Corrections should be upfront and as timely as possible. Posts may be edited to include a note about a "fixed link" or "fact correction" so the public knows there was an update. Do not attempt to hide a mistake. In addition, if you make an error related to official city business, please contact the City Administrator to note the error and discuss the best manner to communicate the correct 2 LACLEAGUE MINNESOTA CITIES Elected officials' social media use Some elected officials already use blogs, microblogs, Facebook, and other social media to connect with constituents and to promote political agendas. This is a reasonable use of social media, but elected officials should not use official city social media sites for campaigning purposes, just as they would not use the official city website or newsletter for campaigning. Elected officials should be mindful of whether their social media account is — or appears to be — an account for their official capacity or a personal account. If an elected official has a private social media account, but "clothes it in the power and prestige" of his or her office, the account may be deemed a government account and perhaps even a "public forum" from which people may not be excluded, blocked, or muted. One solution is for elected officials to use city -owned social media accounts for communications related to their office, and to leave any official capacity out of any private account communications. The city's social media policy can aid in this by specifying city social media accounts it considers "official" and therefore creating "government data." This will help clarify how a city may respond when asked for information on a given account. It would be useful for elected officials to consider the effect personal comments about official city business can have on the city as a whole. Just as with face-to-face comments, electronic comments via social media can serve to "stir the pot" when an official speaks in opposition to an official city position adopted by a vote of the council. The city council might consider voluntary policy language to prevent this kind of awkward situation. Elected officials should also be mindful of the risks of electronic communication in relation to the Minnesota Government Data Practices Act and the Open Meeting Law. They should consider adopting a policy on electronic communications between councilmembers, and a policy on computer use for elected officials. Remember, two-way communications among elected officials should be strictly avoided due to the possibility of serial meetings in violation of the Open Meeting Law. The Open Meeting Law has been amended to allow for elected officials to post in a social media context with less chance of violating the law. However, it's still recommended that elected officials keep issue debate within the confines of a public meeting. Additional guidelines for elected officials' use of social media include the following: Account names Personal social media account names should not be tied to the city. This will help clarify that the individual is not speaking officially on behalf of the city. For example, the personal Twitter account for Jane Deer, the Mosquito Heights mayor, should be just "JaneDeer," her Facebook page "Jane Deer's," and so on. 145 University Avenue West (6S1) 281-1200 t a:: (6S1) 281-1299 St. Paul, Minnesota 55103 (800) 925-1122 www.Imc.org Taken from LWIT's Computer and Network Loss Control memo March 3, 2020 Page 2 Transparency Elected officials who use personal social media accounts should be encouraged to complete profiles on those sites, and to reveal that they are elected officials for the city. They should be encouraged to include a statement that any opinions they post are their own, not those of the city. They should be aware that — even though they are revealing their affiliation with the city —they will inherently create perceptions about the city among visitors to their personal account sites. Individual actions, whether positive or negative, will impact how the city is viewed. A good rule of thumb to encourage them to follow is that if they would be embarrassed to see their comment appear in the news, they shouldn't post it. Honesty Encourage elected officials who use personal social media accounts to be honest, straightforward, and respectful. Educate them that if they choose to comment on city issues, they are personally responsible for what they post. They should be mindful of the need to abide by privacy and confidentiality laws in all postings. Officials should be sure that efforts to be honest don't result in sharing non-public information related to colleagues on the council, personnel data, medical information, claims or lawsuits, or other non-public or confidential information. Mistakes, liability, and claims against the city If an elected official makes a factual mistake, it should be corrected as soon as the official is aware of the error. Corrections should be upfront and as timely as possible. If the elected official is correcting a blog entry, he or she may choose to modify an earlier post, and make it clear the posting has been corrected. If correcting an error in Twitter, the posting might include something designating the corrections, such as "Fixed link" or "Fact correction" before the corrected information. The web contains a permanent record of mistakes, so attempting to disguise a mistake likely will make things worse. To help prevent errors, elected officials should not post official information about the city. Potential errors could create city issues ranging from minor to significant, and some may create unforeseen liability issues. An example discussed earlier in this document applies here. Posting the wrong opening date for enrollment in a parks and recreation program likely will create confusion, inconvenience, and even frustration among residents who try to enroll their kids in a program too early and essentially end up wasting their time, or who find a program full because they tried to enroll their kids too late for a program. It's unlikely this type of mistake would create city liability. But posting incorrect information about a new city ordinance related to land use zoning stands a greater chance of creating liability if someone acts based upon that incorrect information, and later is penalized for the action they took based upon the incorrect information officially posted by the city. Taken from LWIT's Computer and Network Loss Control memo March 3, 2020 Page 3 If an elected official makes an error related to official city business, he or she should contact the top appointed official to divulge the error and consult on the best manner in which to communicate the correct information. Depending upon the type of error, the city may choose to correct the information in a range of official city communication vehicles such as the city newsletter, website, during a council meeting, and potentially even with the local media to ensure the corrected information is broadcast as widely as possible. Elected officials also should recognize that using personal technology to communicate on official city business could become inconvenient if a request for data is made on a particular topic, and that elected official has commented through his or her own equipment, including computers and phones. The official could be in a situation where his or her hard drive is subpoenaed during an investigation of a claim or lawsuit against the city. Such a situation would be inconvenient at best. Elected officials should consider maintaining a separate email from their personal email and consider keeping documents and emails that are city -related separated from their personal information. Add value There may be times when elected officials use social media to promote a position on a city issue such as a controversial ordinance being considered, to gather feedback from constituents, and/or to campaign. When this occurs, elected officials should be encouraged to add value to the conversation by staying focused on the issue. They should not post comments that amount to name-calling or ridiculing of colleagues, staff, or residents. While it's common and even natural to seek to respond to attacks on their viewpoints or personality, elected officials should be encouraged to avoid conversations that clearly add no value to discussion of city issues. For instance, the elected official who essentially is called an "idiot" or some other baited term, should ignore the comment regardless of whether it happens in the social media realm or not, and regardless of who says it. Responding to such comments only serves to inflame discussions, makes all the participants look silly and petty, and casts a long shadow on the view the public has of the city and its elected leaders. Elected officials should seek to elevate conversation, and to be leaders by being respectful, thoughtful, and open-minded. Legal requirements and city policies Elected officials who use social media accounts in their official capacity are not immune from the law, or from the need to follow existing city policies related to electronic communication among councilmembers, and guidelines related to use of city -owned technology. In addition, any information posted or responded to by elected officials should be done so in a manner that does not violate the letter or spirit of the Open Meeting Law. Remember, two-way communications among a quorum of a public body should be strictly avoided due to the possibility of violating the Open Meeting Law —even if the quorum has that discussion between only two members at a time. Taken from LWIT's Computer and Network Loss Control memo March 3, 2020 Page 4 Elected officials should be encouraged not to upload, post, transmit, or make available content known to be false, misleading, or fraudulent. They should be encouraged not to post photos that infringe on trademark, copyright, or patent rights of others. Elected officials never have the right to post non-public and confidential information such as information related to colleagues on the council, personnel data, medical information, claims, or lawsuits against the city. Elected officials should not use city -owned equipment to post to personal sites content that violates existing city policies, that exhibits hate, bias, discrimination, pornography, libelous, and/or otherwise defamatory content. Elected officials should be encouraged to post to personal sites only that content which is suitable for readers and viewers of all ages. Finally, elected officials should never block or ban someone following their social media presence simply on the basis of their viewpoint. Stop comments on city issues There may be instances in which an elected official should not comment on city issues. This could occur, for example, if the discussion might violate laws, regulations, or confidentiality, or if a claim or lawsuit has been filed against the city. Contact by media Elected officials who are contacted by the media on a topic of official city business should follow city media relations/communications protocols. City of Monticello: Guidance for Elected Officials about Social Media information. Depending on the type of error, the City may choose to correct the information using a variety of official city communication resources. Minnesota Government Data Practices Act Elected officials should recognize that using personal technology to communicate on official city business could become both personally intrusive and very inconvenient. If a request for data is made on a particular topic, and the elected official has commented through his or her own equipment, including computers and phones, the city may require access to the equipment to ensure compliance with the request. Minnesota Open Meeting Law The Open Meeting Law has been amended to allow elected officials to post in a social media context with less chance of violating the law. However, it is still highly recommended that elected officials save issue debates for formal public meetings. Campaign Accounts Social media used for campaign purposes should always be separate accounts that are clearly identified as campaign materials. 3 GUIDING PRINCIPLES • Everyone has the right to participate in discussion at least once if they wish before anyone may speak a second time. • Everyone has the right to know what is going on at all times. Only urgent matters may interrupt a speaker. • Only one item (motion) can be discussed at a time. STEPS OF A MOTION Motion: A member rises or raises a hand to signal the chairperson. No additional discussion until a second is voiced. Second: Another member seconds the motion. Restate motion: The chairperson restates the motion. Deliberate: The members deliberate the matter. Vote: The chairperson restates the motion, and then first asks for affirmative votes, and then negative votes. Announce the vote: The chairperson announces the result of the vote and any instructions. HOW TO DO THINGS (MOST COMMON): ➢ How to bring up a new idea before the group. After recognition by the Mayor, present your motion. A second is required for the motion to go to the floor for discussion, or consideration. ➢ How to change the wording in a motion under discussion. After recognition by the Mayor, move to amend by • Inserting words, • Striking words, or • Inserting and striking words ➢ How to request more time to study the proposal being discussed. Move to postpone to a definite time or date. ➢ When you are tired of current discussion. Move to limit debate to a set period of time or to a set number of speakers. Requires a 2/3 vote. ➢ When you have heard enough discussion. Move to close debate. Also referred to as calling the question. This cuts off discussion and brings the group to a vote on the pending question only. Requires a 2/3 vote. ➢ How to postpone an item until some later time. Move to table the motion. A second is required and a majority vote is required. No discussion can take place after item is tabled. ➢ When discussion has drifted away from the agenda, and you want to bring it back. "Call for orders of the day." ➢ When you are confused about a procedure being used and want clarification. Without recognition by Mayor, call for "Point of Information" or "Point of Parliamentary Inquiry." The Mayor will ask you to state your questions and attempt to clarify the situation. ➢ When you have changed your mind about something that was voted on earlier in the meeting for which you were on the winning side. Move to reconsider. If the majority agrees, the motion comes back on the floor as though the vote had not occurred. y When you want to change an action voted on at an earlier meeting. Move to rescind. If previous written notice is given, a simple majority is required. If no notice is given, a 2/3 vote is required. Unanimous Consent: If a matter is considered relatively minor or opposition is not expected, a call for unanimous consent may be requested. If the request is made by City Councilmember, the Mayor will repeat the request and then pause for objections. If none are heard the motion passes. You may INTERRUPT a speaker for these reasons only: • To get information about business — point of information about rules — parliamentary inquiry • If you can't hear, safety reasons, comfort, etc. • If you see a breach of the rules — point of order • If you disagree with the Mayor's ruling — appeal • If you disagree with a call for consensus Cheat Sheet" for Robert's Rules Motion In Order Second Debatable? Amendable? Vote Required Can be When Required? for Adoption reconsidered? Another has the Floor? Majority Main Motion N Y Y y unless other speed y by Bylaws Adjournment N Y N Y Majority N Recess (no question before the body) N Y N Y Majority N Recess (question before the body) N Y Y Y Majority N Accept Report N Y Y Y Majority Y Amend Pending If motion to be Motion N y amended is y Majority Y debatable Amend an Amendment of N Y See above N Majority Y Pending Motion Change from Agenda to Take a N Y N N Two-thirds N Matter out of Order Limit Debate Yes, but not if Previous Question / N Y N Y Two-thirds vote taken on Question pending motion. Limit Debate or extend limits for N y Y Y Two-thirds Y duration of meeting Demand by a Division of Y N N N single member N Assembly (Roll Call) compels division Division of Ques/ Motion N Y N Y Majority N Point of Y N N N Vote is not N Information taken Point of Order / Procedure Y N N N Vote is not N taken Lay on Table N Y N N Majority N Take from Table N Y N N Majority N Suspend the Rules as applied to rules of N Y N N Two-thirds N order or, take motion out of order Refer (Commit) N Y Y N Majority Neg. vote only OPEN MEETING LAW The Open Meeting Law (Minnesota Statutes, Chapter 13D) requires meetings of public bodies to be open to the public. The law also identifies limited times when a public body may or must hold a closed meeting and the requirements for doing so. The Open Meeting Law does not address administrative concerns like agendas, meeting minutes, or parliamentary procedure (such as Roberts Rules). There may be other laws public bodies have to follow that affect how they conduct their meetings. Public bodies: public bodies are defined in the law and include State -level public bodies and local public bodies (such as county boards, city councils, and school boards). State public bodies and local public bodies have different requirements. The law also applies to committees, subcommittees, boards, departments, or commissions of public bodies. The public: The public has the right to attend open meetings to observe the decision -making process of its governing bo- dies. The Open Meeting Law does not require that public bodies allow public participation at meetings, but it does not prohibit public participation, either. 0 WHAT? W A meeting occurs whenever a quorum (maj*ority) of the public body is present and discusses official business. There are three types of meetings: regular meetings, special meetings, and emergency meetings. A meeting or a portion of a meeting may be closed if the circumstances allow or require closure. Those meetings must be recorded (except those closed for discussions protected by attorney -client privilege). a WHEN?-W Every public meeting must be properly noticed. The Open Meeting Law has different requirements for notifying the public regarding when and where meetings are to take place depending on the type of meeting to be held: Regular meetings: Public bodies must have a schedule of regular meetings. Special meetings: Any meeting not on the regular schedule or that takes place at a different time, date, or location than a regular meeting requires a special meeting notice. • The notice must include time, date, location, and purpose of the special meeting • The public body must post the notice at least three days before the meeting • A public body may only discuss matters related to those listed on the notice. Emergency meetings: Special meeting's urgent circumstances do not allow for the three-day notice, such as in the event of a natural disaster. No additional notice is required, except that public bodies must make a good faith effort to notify media that have requested notice. WHY? The Minnesota Supreme Court has stated that the purpose of the Open Meeting Law is to: • Prohibit public bodies from holding secret meetings where they may hide their decision making process from the public • To allow the public to be informed • To allow the public to present its views to their public bodies DEPARTMENT OF ADMINISTRATION DATA PRACTICES