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Revising the rules
1/25/2012 12:33:10 PM
By Kelly Moore
Splash Staff Writer
Should Council members be required to attend a certain number of meetings? What qualifies as an excused absence from a meeting? Are there too many opportunities for public comment on the agenda?
For months, Council discussion has touched on possible amendments to bylaws that dictate rules and procedures in the Council Chambers. The issue dominated the most recent meeting Jan. 17, yet Council members still seem at odds over certain changes - and whether any changes are warranted at all.
"It seems like smoke and mirrors," Council Member Josh Beckett said. "This cannot be the most pressing issue that is facing Liberty Lake in 2012."
A review and update of the Council rules and procedures was tasked to municipal consultant Mike Cecka as one of a handful of special projects delegated soon after his hire in November. Advertisement
While some Council members question the need to add more specifics - and in the case of attendance regulations, more teeth - to the Council bylaws, others think a careful review is warranted. In a December interview with The Splash, then Council Member-elect Dan Dunne described the current bylaws as "arcane."
"I think one of the first actions of the Council should be to review what is established as procedure and a good framework is in place for the way we interact," Dunne said at the time.
The most recent discussion has focused on Cecka's suggestions on the matter as he works to draft formal amendments to the rules and procedures. His suggestions include adjustments to the attendance policy, public comment and agenda preparation.
Attendance
The issue of attendance topped discussion, with Cecka recommending the Council define a basis for excusing absences and set a total number of absences allowed in a year.
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Attendance policy?
The City Council is considering strengthening its bylaws to only allow 10 absences - excused or unexcused - in a given year. Below is the attendance record of the 2011 City Council. The Council met 28 times in 2011. It is paid $250 per month.
Cris Kaminskas
27 of 28; 96.4%
David Crump
24 of 28; 85 .7%
Odin Langford
24 of 28; 85.7%
Josh Beckett
22 of 28; 78.6%
Judi Owens
21 of 28; 75%
Susan Schuler
21 of 28; 75%
Ryan Romney
17 of 28; 60.7%
Source: City of Liberty Lake Council meeting minutes; Crump, Owens and Romney are no longer on the council.
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Current rules and procedures say an absence is deemed excused by a motion from the Council, with no guidelines for what constitutes a valid excuse.
State law mandates a Council member be removed from office after three consecutive unexcused absences, and Liberty Lake's rules align with that. However, no guidelines exist to determine what constitutes a valid excuse.
Cecka suggested the Council may want to define what constitute an excused absence, weighing whether items like bereavement, business travel or illness should be definitively tagged one way or the other.
Debate on whether or not Council members should restrict what constitutes an excused absence swung both ways during the discussion.
"I think we have to be specific," Council Member Shane Brickner said. "Otherwise, the line gets stretched."
Other Council members said a list of possible scenarios could be added to the proposed amendment as only suggestions of what may or may not be excused.
"I don't feel it is the job of the Council to track down doctors' notes," Beckett said in an interview with The Splash. "It's not my role as a Council member to police that."
At the meeting, Mayor Steve Peterson stressed the commitment made by Council members, urging them to schedule vacations around meetings and make every possible attempt to be in attendance.
"We need all hands on board," Peterson said. "Setting a number says we're at least expecting you to show up. Council doesn't work without the dialogue taking place at this table."
Dunne agreed with Peterson, asking Cecka to include an introduction to the rules that reiterated the commitment expected from Council members. Cecka suggested that perhaps 10 absences - excused or unexcused - might justify that point where the Council member is no longer meeting the obligations of the office.
One thing the Council seemed to come to a clear consensus on was that if absences become more regulated, business travel should remain excused. All Council members hold full-time jobs outside of Council business and have expressed need for flexibility in that area. The pay for Council members -- $250 per month -- remains unchanged from what it was when the city was formed more than a decade ago.
The Council also seemed to agree that in most cases, participation by telephone should count as regular attendance. Telephonic participation was introduced to the Council last year as some members called in from out of state while traveling for business. No regulations on the practice are currently a part of the bylaws.
Public comment
Cecka told the Council that the city's standards for hearing public comment were about as laid back as it could get with time set aside on the agenda at the beginning and end of each meeting and before the passage of each ordinance.
"If you leave it looser, you're almost asking people in effect to influence your vote on certain issues," Cecka explained. "That slides you almost into a town meeting form of government. … When an outspoken group makes a statement on an issue, they might not necessarily be the majority voice. That puts tremendous pressure on the Council to vote a certain way without necessarily being able to weigh both sides."
Cecka said a benefit to limiting public comment would be the ability to proceed more efficiently, and the Council could vote to suspend rules when public turnout warranted extended commenting time.
Council members all agreed citizen comment was a priority, though the suggestions to further regulate it generated opinions across the board.
At the meeting, Council Member Cris Kaminskas said she preferred to keep it as is, and Brickner agreed. Dunne said comments would be most effective at the beginning of the meeting. Council Member Odin Langford said once a meeting is enough.
"This also seems like a real risk to start out saying we want to put citizens more in a box," Beckett said. "It has never been a problem."
Beckett did note instances where Council members reacted to public comment inappropriately, spurring an interrogation-like scenario. Other Council members agreed with the notion that public comment should be restricted to the public, with Council members only interjecting to ask clarifying questions.
"It's our duty to sit and listen," Kaminskas said. "We need to make it clear that it's not a discussion."
Cecka said the drafted amendment the Council will consider at its Feb. 7 meeting would include public comment at the beginning of the meeting only. As with everything else in the amended bylaws, Council members may approve modifications to the draft before voting.
Agenda preparation
Another area of discussion addressed the timeliness of information Council packets released before each meeting. Currently, packets are prepared by the Friday before each meeting. Council members have urged city staff to release information sooner, though many have acknowledged the time crunch staff already face.
"The general rule is that earlier is better - always," Beckett said. "Is it practical? I don't know."
In an effort to address the issue, Cecka suggested planning out agendas further in advance so that Council members have an idea what may be coming up for discussion earlier. When certain pieces of the packets are available earlier, those may be released ahead of the formal packet.
Council members also discussed the process of bringing discussion topics to the agenda. Cecka suggested they consider whether or not a discussion point require two Council members support (similar to a motion and a second) before making it to an agenda.
Council members are expected to vote on amendments addressing each decision point at the Feb. 7 meeting.
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