HomeMy WebLinkAbout01-22-13 Council Rules Council Rules Committee Ck
South Bend Common Council
The January 22, 2013 meeting of the Council Rules Committee was called to order by its Chairperson,
Council President Derek D. Dieter at 4 p.m. in the Council Informal Meeting Room.
Persons in attendance included: Council Members Karen L. White, Oliver Davis, Dr. David Varner,
Valerie Schey, Tim Scott, and Derek D. Dieter; City Controller Mark Neal; Matt Sikora from the
Mayor's Office and Kathleen Cekanski-Farrand, Council Attorney.
Council President Dieter noted that the members of the Council Rules Committee included Dr. Varner,
who is the Vice-Chairperson, Council Member Karen L. White, Council Member Dr. Fred Ferlic, and
himself as Chairperson. He noted that Dr. Ferlic and Council Member Gavin Ferlic called to state that
they would be unable to attend today's committee meeting.
Council President Dieter stated that the meeting was called for the purpose of further developing
communication strategies (Meeting Notice attached). He thanked Council Member White for taking
the leadership role on this project, noting that she recently met with Mike Schmuhl, Chief of Staff.
Council Member White noted that she had received feedback from Council Members Schey, Gavin
Ferlic and Tim Scott since she sent out an email summarizing her meeting with Mr. Schmuhl. She
noted that the overall goal is to enhance communications and transparency. Last year was a
challenging year,however she is glad to be moving forward on this project.
Council Vice-President Oliver Davis noted that he is glad that the Committee is meeting on this topic,
since better communication at all levels will help resolve conflicts. He noted that many persons prefer
to communicate face to face, and others on the Council prefer to communicate by email. By having
ongoing discussions,hopefully all forms of communications will be embraced.
Council Member White then continued the Committee discussions using the agenda (copy attached).
Under Item III. "Proposed Levels of Communication" she highlighted examples of each of the six (6)
levels listed. She stressed that open communication contributes to and is a component of good
government; with benchmarks for each of the levels being needed. She noted that she had a meeting
with Chief of Staff Mike Schmuhl. He agreed to send an email to all department & bureau heads to
encourage them to make contact with the Standing Committee Chairpersons who oversee the subject
mater area in which they work. She suggested that reaching out to neighborhood associations should
be added to the list of levels of communication. Mr. Schmuhl was also going to ask for suggestions
from department/bureau heads which would be aimed at improving communication.
Council Member Schey suggested that the Council and Administration may want to consider
developing "discussion threads". Dr. Varner suggested that such discussion threads should be grouped
by topic titles. Council Member Schey also noted that she hopes to be more proactive rather than
reactive this year; and would like to share her goals with the Council.
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January 22,2013
Page 2
Council Member Tim Scott suggested looking into setting up an electronic calendar. He noted that
under the topic "ordinances under consideration" on the City website, that there is nothing there, and
suggested that this be looked into; and that he plans to work with the City Clerk's Office.
Council Member White highlighted one of the recommended Action Steps summarized on the Agenda
where the Council Officers have suggested that they have the meeting to meet with the Mayor on the
Wednesday prior to the Monday Council Meeting. She stressed that all Council Members have the
opportunity to contact the Mayor, and that the proposed officers meeting with the Mayor, would be in
addition to individual contacts.
Dr. Varner suggested that perhaps Matt Skira could be the contact person for contacting the Mayor by
the individual Council Members.
The Council Attorney added that she has met with the Interim City Attorney prior to Council Meetings
to discuss any areas of concern. She plans to continue that practice since it has proven to be beneficial.
Council Member White continued discussion of the recommended Action Steps focusing on the
suggestion that all Chairpersons of Standing Committees hold their organizational committee meetings
no later than Friday, February 15, 2013, so that each committee establishes goals and objectives for
this year, and then share those with the entire Council.
After discussion, it was suggested that when a Committee Chair has determined to call a meeting of
his/her Committee that contacts should be made to City Clerk John Voorde, Chief Deputy City Clerk
Mary Beth Wisniewski, Deputy City Clerk Janice Talboom, and Council Attorney Kathleen Cekanski-
Farrand; and that if the Committee is to meet on an off-Monday Council date, that the "Standing
Committee Request Protocol Form" must be completed. In light of the Open Door Law, the use of the
form would be beneficial. Information and Technology Committee Chairperson Tim Scott stated that
he would work to have that form available on line, so that it could be completed on line by each
Committee Chair, and then sent to the Clerk's Office and Council Attorney.
Council Vice-President Oliver Davis voiced concern about what appears to be a "gag order" from the
Administration with regard to whether department heads and other Administrators are allowed to talk
with Council Members. He cited examples which occurred during last year's budget discussions,
where individuals were allegedly reprimanded for answering Council questions which may have
resulted in additional dollar requests from the Council for specific projects and/or positions. Other
examples given were during the Walmart gun issue arose where the Legal Department called the
Building Commissioner advising him not to talk to him. Attorneys in Legal were also advised not to
talk to him. He stated that he is concerned about what appears to be a pattern. More recently, he
requested assistance from Legal on a public works matter, and again he received no assistance.
Council Member Davis stated that the Council has oversight responsibilities and that such
actions/inactions by the Administration have not been helpful.
City Controller Mark Neal noted that the overall goal is to have good communication. With regard to
budget issues,he feels strongly that there should be dialogue,however if the Administration has
Council Rules Committee
January 22,2013
Page 3
developed an approach that it should be pursued and there needs to be consistency. However, if there
are differing points of view they should be discussed.
Vice-President Davis stated that management style should not be so strict that it stifles discussion;
since the sharing of information is important.
Council Member White suggested that this be a topic which should be discussed when the Council
Officers meet with the Mayor.
Council Member Scott noted that when he was running for office it was suggested that the Council
consider holding a town hall meeting at the Century Center.
Council Members Dieter and Varner both suggested that such a forum be topic specific.
It was noted by President Dieter that in the past the Council did have a "State of the Council" portion
at Council meetings; however it was curtailed because of the length of time that it took, before the
regular agenda with public hearings could be addressed.
Council Member White noted that when she last chaired the Health and Public Safety Committee that
she held meetings in each of the Council Districts to get feedback from the community. They
primarily focused on Code issues and public safety. She suggested that Council Members email her
with their suggestions so that they could be discussed.
Dr. Varner stated that the Council's role is primarily financial oversight, and not the day to day
operational decisions.
Council Member White then called upon the Council Attorney who noted that she had five (5)
handouts for the Committee and Council to review and discuss at a later date. The first was from last
year's power-point presentation given to the Council. It highlighted rules and procedures governing
the Common Council. Handout # 1 was a copy of Slide # 13 highlighting the protocols when a
Council Member sponsors a proposed text amendment, along with a copy of the "Standing Committee
Request Protocol Form". She noted that when this form was developed in late 2011, it was anticipated
that it would be placed on line for completion by each Committee Chairperson, and then given to the
Office of the City Clerk.
The Council Attorney then summarized Handout # 2 "Fiscal Impact Statement" which is an example
of what the Legislative Services Agency (LSA) prepares when new state legislation is proposed.
Handout # 3 is a "Financial Impact and Public Involvement Statement" from Portland, Oregon . She
stressed that a similar form could be developed which meets the City's needs from these examples.
She noted that the last two (2) handouts addressed the ever-changing field of social media. Handout#
4 is a summary from the University of Illinois at Chicago entitled "National Study Ranks City
Governments' Use of Social Media" and Handout # 5 is the Executive Summary of that study entitled
"Civic Engagement and Local E-Government: Social Networking Comes of Age".
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January 22,2013
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The Council Attorney noted that the cities of Seattle and New York were ranked the highest for being
innovative and transparent. She stated that the Interim Policies and Procedures which were developed
last week to cover the "I-Pad Rollout" were patterned after Seattle's. They were reviewed by both
Council Member Scott and President Dieter before being issued. Copies were sent to the City's IT
Director and the City Controller. She noted that approximately two (2) years ago the past
Administration stated that they would develop policies and procedures addressing social media.
However, since such policies and procedures have still not developed in this area, that the Council is
considering taking the lead, and would keep the Administration informed of all proposed policies.
Council President Dieter stated that he talked with Human Resources Director Janice Hall and IT
Director Keith Crain. They both said that there are no policies in place. They added that since the
Common Council are separate elected officials, that the Administration policies would not apply.
Council Member White stated that the role of the Council Attorney should also be added as a topic
under"IV. Proposed Structures", as well as the roles which the Office of the City Clerk should have in
advancing communications and assisting the Council Members.
Council Member Scott stated that he is working with the Council President and Council Attorney to
develop policies for all social media under consideration, since we need to set the bar high. He stated
that this has been a good meeting aimed at making communication better. He added that he sent out an
email earlier suggesting that Council Members develop their topics and then get the Council Attorney
on legal items related to those projects. He further suggested that perhaps a student internship program
should be considered.
Council Member Schey noted that from her corporate training she understands the need for good
communication, especially in the area of social media, so that persons are not blindsided.
Dr. Varner hoped that if the Council gets more involved with social media that redundant sources
would not be set up and become counter-productive.
Council President Dieter noted that he appreciates the emails sent by Council Member Schey. By
having each Council Member receive them and acknowledge receipt, there is an awareness that they
have been received and reviewed.
Council Vice-President Davis stated that he would prefer that a retired attorney work with the Council
Attorney as opposed to a student intern.
Council Member White stated that the entire Council would be send a copy of the Committee meeting
minutes so that discussions can continue.
Council President noted that he would continue to work closely with IT Chairperson Tim Scott and IT
Vice-Chairperson Dr. David Varner and the Council Attorney as we continue to work together to roll
out further advancements which engage the public in the interest of enhancing communications and
transparency.
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January 22,2013
Page 5
Council President Dieter thanked everyone for their comments and suggestions. He then adjourned the
committee meeting at 5:10 p.m.
Res etfully subm. ed,
it
Derek D. Di er, 'ouncil ' esi•ent
Council Rules Committee
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