2017 academy for city officials · 2018-04-02 · • issues licenses • point of contact for...

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2017 AIC

Academy for City Officials

Thanks to Our Sponsors!

Agenda

• About AIC, ICRMP & LHTAC

• Basics of City Government

• Roles & Responsibilities

• Service Provision & Delivery

• Personnel Management Basics

• Idaho’s Open Meetings Law

• Ethics & Conflict of Interest

• Installation of Elected Officials

• Idaho’s Public Records Law

• Federal Env. Protection Laws

• Liability Protection for City Officials

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About AIC

Association of Idaho Cities

Mission:

To promote excellence in and advocate for city

governance, community leadership, and services

to citizens in order to strengthen Idaho cities.

Advocacy + Training + Technical Assistance

AIC Board of DirectorsOfficers

President: Jeri DeLange—Councilor, Hayden

1st VP: Elaine Clegg—Council President, Boise

2nd VP: Suzanne Hawkins—Vice Mayor, Twin Falls

3rd VP: Tom Jenkins—Council President, Malad

Past Presidents

Imm. Past Pres.: Brian Blad—Mayor, Pocatello

Past Pres. (15‐16): Greg Lanting—Councilor, Twin Falls

Past Pres. (14‐15): Tammy de Weerd—Mayor, Meridian

Past Pres. (12‐13): John Evans—Mayor, Garden City

Past Pres (05‐06): Mitch Hart‐Council Pres., Soda Sprgs

Past Pres. (03‐04): Garret Nancolas—Mayor, Caldwell

District Directors

Dist. 1: Shelby Rognstad—Mayor, Sandpoint

Steve Widmyer—Mayor, Coeur d’Alene

Dist. 2: Bob Blakey—Councilor, Lewiston

Bill Lambert—Mayor, Moscow

Dist. 3: Darin Taylor—Mayor, Middleton

Diana Thomas—Mayor, Weiser

Dist. 3A: Lauren McLean—Council Pres. Pro Tem, Boise

Genesis Milam—Councilor, Meridian

Dist. 4: Casey Andersen—Councilor, Burley

Bruce Hossfeld—Mayor, Paul

Dist. 5: Paul Loomis—Mayor, Blackfoot

Kevin England—Mayor, Chubbuck

Dist. 6: Robert “BJ” Berlin—Mayor, Roberts

Rebecca Casper—Mayor, Idaho Falls

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AIC Events in 2018

• City Officials’ Day at the Capital in Boise ~ Jan. 23

• Spring District Meetings ~ Late April & Early May

• AIC Annual Conference in Boise ~ June 20 ‐ 22

• Idaho City Clerks, Treasurers & Finance Officers

Assoc. Institute in Coeur d’Alene ~ Sept. 19 ‐ 21

AIC Staff

• Jess Harrison, Executive Director—[email protected]

• Justin Ruen, Policy Analyst—[email protected]

• Johanna Bell, Policy Analyst—Environment –[email protected]

• Sheila Christensen, Events Coordinator—[email protected]

• Dara Von Lossberg, Financial Coordinator—[email protected]

• GayDawn Oyler, Administrative Assistant—[email protected]

• Jerry Mason & Nancy Stricklin, Legal Counsel

Technical Assistance

AIC answers thousands

of questions annually

on these topics:


• Open Meetings, Public Records, & Ethics

• Budgeting & Taxation

• Purchasing

• Capital Planning & Financing

• Planning & Zoning

• Annexation & Area of City Impact

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Manuals & Publications• Directory of Idaho Govt. Officials

• AIC Insider Newsletter

• Accounting

• Budgeting

• Campaign Finance

• Conflict of Interest & Ethics

• Elections

• Financial Strategies

• Open Meetings

• Ordinances & Resolutions

• Nature & Powers of Cities

• Planning & Zoning

• Public Notification

• Public Records

• Purchasing

• Records Retention


Advocacy

• AIC serves as the voice for cities’ interests for the Idaho Legislature, Idaho Governor and executive branch agencies, and Congress.

• AIC Bill Tracker is a helpful resource for keeping up to speed on bills of interest to cities.

• City Officials’ Day at the Capitol is a great opportunity to learn about important issues and meet with policymakers.

About ICRMP

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Idaho Counties Risk Management Program• Founded in 1985.

• Member owned property and casualty insurance pool for over 900 Idaho local governments, including over 170 cities.

• Governed by board of local elected officials, representing various regions of the state.

• Emphasis on risk management.

Local Highway Technical Assistance Council

Laila Kral, PEDeputy Administrator

Advocate. Support. Train.

Who we are• Created by the Legislature – 1994

• Idaho Code - Chapter 24, Title 40,

• Training – T2 Center• Courses, safety fest, videos, resources

• Technical Assistance• Maps, Manuals, Guidance, Equipment Share/Sale, Expertise

• Funding Assistance

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LHTAC T2 Center

• Training throughout the year• Safety• Professional development• Maintenance• Special topics

• Trucking, Pedestrian safety, GRS-IBS Bridges

• Safety Fest • Boise – January 23-26, 2018• Pocatello – April 3-5, 2018

• Contact – Lorie Cover, [email protected]

LHTAC Resources – LHTAC.org

LHTAC Resources – LHTAC.org

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LHTAC Resources – Maps

Funding Types• Federal Funds

• Require match • Must follow Federal Rules and Regulations• Longer process, design -> construction

• State Funds• Issued as grant• No match required• Can’t reimburse yourself• Local agency administers project

• Emergency• Both Federal and State funds available

Federally Funded Programs• Rural Federal-aid

• ~$12M available for roadway projects• Local jurisdictions outside of urban areas

• Urban Federal-aid• ~$9M available to urban areas for roadway projects• ~$3M available to “small urbans” for roadway projects• 5,000-50,000 in population

• Federal-aid Bridge (on- and off-system)• ~$9M available for bridge repair and replacement projects• Structures over 20’• Due January 8, 2018

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Federally Funded Programs• Local Highway Safety Improvement Program (LHSIP)

• ~$8.5M available to eliminate Fatal & Serious Injury crashes• Data based eligibility and project selection• Due January 18, 2018

• Transportation Alternatives Program (TAP)• ~$3.5M available for sidewalks, paths, crossings, education• $500K maximum award• Managed by Idaho Transportation Department• Due December 1, 2017

• Federal Lands Access Program (FLAP)• ~$14M available for projects that access Federal Lands• Managed by Western Federal Lands

State Funded Programs

• Local Rural Highway Investment Program (LRHIP)• Funded by Federal-aid to State exchange program• ~$2.8M available• Max. grant

• Construction - $100k• Transportation Plans - $50k• Sign Projects - $30k• Emergencies - $100k

• Due November 21, 2017


• Local Strategic Initiatives Program (LSI)• Funded through H312, S1206• Surplus money for transportation

• split 60% state/40% local

• ~$10M available for maintenance, road/bridge repair

• Max. grant - $1M• Safety, Mobility, Commerce• Focus on “bid ready” projects• One year to demonstrate success• Due December 21, 2017

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• Children Pedestrian Safety Program• Eligible project under Strategic Initiatives, H334• ~$2M available for “maintenance” projects• State and local contribution and projects• Max. grant - $250k• Due December 21, 2017

Emergency Funding• Federal Highway Administration (FHWA) Emergency Relief

• Projects totaling over $750K (can be combined)• On Federal-aid System• Reimbursement• Takes act of Federal Congress for funding

• Emergency Relief Fund (ERF) • Established by S1141• $50M available for permanent repair of roads/bridges• Managed By Idaho Office of Emergency Management (IOEM)• www.Ioem.Idaho.gov• 4th round of applications due November 15, 2017

• FEMA

• LRHIP Emergency Funds

Where to find the Applications?

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Where to find the Applications?

LHTAC Resources – STAFF!!

• Funding opportunities

• Assistance with applications

• Technical Assistance• Hydraulics, bridge, environmental, construction, surveying, trucking,

safety, Road & Street Report, financial reporting, project administration, ITD and FHWA Assistance …

Any Questions – ASK!!!

Provide the best and most efficient assistance to every local highway jurisdiction in Idaho

[email protected]

3330 Grace Street, Boise, ID 83703

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The Basics of City Government

The Basics of City Government • Form of Government

Mayor‐Council

Council‐Manager

• Size of Council: 4 or 6 members for mayor‐council cities

• Cities’ creation and powers defined by state constitution & laws.

• No classes of cities in Idaho.

Powers of Idaho Cities

•Police Power—ID Constitution Art. XII, Sec. 2

Fundamental power of cities to enact laws for the promotion and protection of the public health, safety, and welfare

•Governmental Powers of Cities

•Cities as Municipal Service Providers

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State & Federal Supremacy

• Powers of cities defined by state and federal laws and constitutional provisions.

• Preemption of local authority.

• Examples of policy areas where cities are preempted.

• Unfunded mandates.

Roles of Cities, Counties & Special Districts

• Cities created by their inhabitants to provide urban services.

• Counties created by the state to perform mix of mandated and discretionary functions.

• Special districts are created by citizens to provide a desired service in a specific area.

• City & County Police Power: Who Governs Where?

• All city property taxpayers are also county property taxpayers.

Interacting with State Agencies

• Cities interact with numerous state departments & agencies:

• Idaho Dept. of Environmental Quality (water & sewer)

• Idaho Transportation Dept. (roads)

• Idaho Tax Commission (property taxes)

• Secretary of State (elections and notary public)

• Public Employee Retirement System of Idaho (PERSI)

• Dept. of Water Resources (water rights)

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Understanding Taxes vs. Fees

Authorization

Who Pays?

How Much Do You Pay?

What Does it Pay For?

Taxes

Must be specifically authorized by state law.

Levied on property owners based on property value.

Bears no relationship to the services used by a particular taxpayer.

Used to pay for services provided to the public at large: govt. administration, streets, libraries, parks…

FeesAuthorized by state law or incident to legally authorized regulatory authority.

Levied upon the users of a particular service.

Must be reasonably related to the cost of providing the service.

Pays for services used by a particular consumer: water, sewer, sanitation, building permits, animal licenses, etc.

Basics of Roles &

Responsibilities

Roles & Responsibilities

• Three branches of

government:

Executive,

Legislative and

Judicial.

• Separation of Powers

• Checks and Balances

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Why are there three branches of government?

“…The evolution in modern times of three major procedures of government reflected the importance attached to three dominant values in the Western world: efficiency, democracy, and justice.” M.J.C. Vile

The Mayor

• Chief executive & administrative officer.

• Powers & responsibilities:

Supervising city employees

Enforcing ordinances

Breaking tie votes of council

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The Council

• Legislative branch.

• Powers & responsibilities:

Passing laws and policies

Approving budget & tax levy

Financial oversight, including approving payables

The Council as a Body• Only exercises its authority as a body, operating in public meetings preceded by posted notice and agenda.

• An individual councilor has no authority to supervise, discipline or fire city employees.

The Courts

• Idaho’s unified state court system.

• Powers of judicial branch.

Adjudicating cases involving violation of city ordinances or state laws

Adjudicating cases challenging the validity of local laws & policies

Adjudicating tort claims

P&Z appeals

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City Appointed Officers• Appointed Officers:

Clerk,

Treasurer,

Attorney, &

Others designated by local ordinance or resolution.

• Process for appointment & removal set in state law.

City Clerk• Records custodian

• Issues licenses

• Point of contact for public and media

• Meeting notices, agendas, packets, minutes

• Candidate filing

• May be risk manager

City Treasurer• Oversees accounting, financial reporting, & investments

• Publishes quarterly financial report

• Monthly report on city finances to council

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City Attorney• Legal advisor to city

• Drafts and reviews ordinances, resolutions, policies, and legal notices

• Prosecution often done by contract

Roles & Responsibilities in Action


in Action:Appointment & Removal Powers

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Appointment of Appointed Officers

1. Mayor nominates person to serve as an appointed officer

2. Council must confirm Mayor’s nominee for appointed officer by majority of full Council

3. Mayor or City Clerk swears in confirmed nominee, who must swear to the oath of office orally and in writing

Removal of Appointed Officers

Option 1

1. Mayor recommends removal of appointed officer

2. Council must confirm Mayor’s removal of appointed officer by majority of full Council

Option 2

Council may remove an appointed officer without the Mayor’s recommendation by vote of the entire Council

Filling Mayoral Vacancies

1. Filled by motion of the Council,

2. The person nominated may be a current councilor, but that is not required, and

3. The City Clerk administers the oath of office—both orally and in writing—after the person is selected.

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Filling Council Vacancies

1. Nominee is selected by the Mayor

2. Nominee must be confirmed by simple majority of City Council

3. The Mayor or City Clerk administers the oath of office—both orally and in writing—after the person is selected

Appointing Members to City Boards, Commissions & Committees

1. Nominee is selected by the Mayor

2. Nominee must be confirmed by simple majority of City Council

Removing Members from City Boards, Commissions & Committees

1. Mayor recommends removal of the person to the City Council

2. City Council must vote to confirm the removal by simple majority of City Council

3. PLEASE NOTE: Removal of library trustees requires unanimous vote of city council

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Roles & Responsibilities in Action: City Boards, Commissions & Committees

City Boards, Commissions & Committees

Council

Establishes by ordinance permanent city boards, commissions, and committees and defines their membership, responsibilities, duties and authority

Exceptions: P&Z Commissions & Library Boards, where state law sets ground rules


City Clerk

• Posts notice of city board, commission and committee meetings per Open Meeting Law.

• Ensures accurate minutes are taken at city board, commission and committee meetings.

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Roles & Responsibilities in Action: City

Budget & Tax Levy

City Budget: Drafting & Passing

1. City staff prepare draft budget, with guidance from Mayor and Council

2. Elected officials review draft budget, make desired changes and vote to set tentative budget, which sets ceiling on city’s tax levy and total expenditures

3. City staff publish the tentative budget and notice of budget hearing twice as legal notice at least a week apart

City Budget: Drafting & Passing

4. City takes public testimony at the budget hearing

5. Council approves the appropriation ordinance that sets legal spending authority for city departments for the upcoming fiscal year

6. City staff publish the appropriation ordinance as a legal notice prior to end of fiscal year—Sept. 30.

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City Property Tax Levy

1. Cities may levy for general fund, as well as dedicated levies for streets, airports, cemeteries, capital improvement fund, library, recreation, and bonds and override levies

2. Council approves the city’s property tax levy for the upcoming fiscal year, including any levy for foregone revenue

3. City staff file the L‐2 property tax levy certification with the county commissioners with a certified copy of the city’s budget


in Action: Council Meetings

Council Meeting Flowchart

Majority offullCouncilparticipatinginpersonorbyphonerequiredforquorumtotransactbusiness

Mayor presidesovermeeting,orCouncilPresidentintheMayor'sabsence

RegularMeetingatday/time/placesetbycityordinance

Special MeetingmaybecalledbyMayorormajorityoffull

Council

Clerk postsmeetingnoticeandagendaatcityhall,andpreparesanddistributesmeetingpackets

Mayor workscooperativelywithCouncilorsandcitystafftosetagenda

Incertainsituations,Mayormayvotetobreak tievoteoftheCouncil

Clerkresponsible forensuringaccurateminutestakenofthemeetingthatareavailabletothepublicwithinareasonabletimeafterthemeeting

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Preparing for Council Meetings

City Clerk

• Responsible for posting the notice and agenda for council meetings

• Responsible for preparing and distributing council meeting packets


Mayor

Works cooperatively with councilors and department heads to set council meeting agenda


Council

• Responsible for reading packets to prepare for meeting

• May suggest items for council agenda

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Regular Council Meetings

Held on day / time / place established by city ordinance

Special Council Meetings

• Held to deal with time‐sensitive issues, or when a regular meeting is rescheduled due to a holiday or failure to attain a quorum

• Mayor may call special council meetings

• Majority of full city council may call special council meetings

Quorum

• Majority of full council—participating in person or by speakerphone—required for quorum to transact business

• Mayor is not counted for quorum purposes

• If Council President or another councilor is presiding in the Mayor’s absence, they are counted for quorum purposes

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The Council Meeting

Mayor

• Presides over council meetings, in the Mayor’s absence the Council President presides

• Mayor may break tie votes of council in certain situations, but breaking ties is the only time when the mayor may vote on a motion

The Council Meeting

Council

• May approve amendments to the agenda for items that were unforeseen when original agenda posted—must have good faith reason

• Make decisions by passing motions—usually only required to pass by majority of those present and voting, but sometimes requires majority of full council

Council Meeting Minutes

1. City Clerk ensures accurate minutes are taken of council meetings that are available to public within reasonable time after the meeting

2. City Council must approve the minutes, noting any changes

3. Mayor signs minutes once approved and finalized

4. City Clerk attests mayor’s signature

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Roles & Responsibilities in Action: Making & Enforcing Laws

Ordinances• Local legislative action

• Regulates the community

• Defines unlawful criminal conduct

• Process to adopt set in state law

• Must be published after passage to provide notice

• Must be approved by roll call vote, with each councilor’s vote cast and recorded individually

• Subject to veto by mayor

Resolutions• Policy statement by city council

• Governs internal operations of city

• No state law procedural requirements

• Equivalent to a motion

• Not subject to mayoral veto

• Can be superseded by motion

Resolutions may be used to approve:

• Council meeting procedures

• Records retention schedule

• Personnel policy

• Contract with private or public entity

• Schedule of fees (e.g. building permit fees, sewer rates, ...)

• Destruction of city records

• Sale of surplus equipment

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Making & Enforcing Laws

Council

• Passing ordinances (local laws) to protect public health, safety and welfare

• Majority of full council may suspend ordinance reading requirements under state law

• May override mayor’s veto of an ordinance by majority of full council

Making & Enforcing Laws

Mayor

•May veto ordinances passed by council, subject to override by majority of full council

•Enforces laws and policies passed by the council

•Responsible for signing ordinances passed by the council, which are countersigned by the city clerk

Draft theordinance,oftenwithinputfromCityAttorney

Publicnoticeandhearingmayberequiredby statelaworlocalpolicy

Ordinance read3times,with2bytitleonlyand1infull

MajorityoffullCouncilmaysuspendreadingrequirementsbymotionandreadordinance oncebytitleonly

Councilmaymovetoapprovetheordinance, mustbebyrollcallvotewitheachCouncilor's votecastandrecordedindividuallyintheminutes

Mayordecides whethertosigntheordinance,allowordinancetobecomelawwithoutsignature,orvetotheordinance

IftheMayorvetoesanordinance,must providewrittenobjectionstoCouncilbynextregular

meeting

OR

CouncilmayoverridetheMayor's vetobyamajorityofthefullCouncil. Ifvetooverridden,ordinancemovestopublication.

IftheMayordoesn'tsigntheordinance,itmoves

ontopublication

IftheMayorsignstheordinance,itis

countersignedbyCityClerkandmovesonto

publication

FinalstepispublicationoftheordinancebytheCityClerkwithin30daysafterpassagebytheCouncil. Theordinancetakes effectuponpublication,unlessthereisaspecificeffective

dateintheordinance

Passing Ordinances

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Roles & Responsibilities in Action: Fiscal Transparency

& Accountability

Paying City Bills1. City departments are granted spending authority by the

appropriation ordinance

2. City staff prepare lists of payables with supporting documentation for council approval

3. Council must approve all payables, including payment of wages for city staff

4. Checks or electronic payments are signed/authorized by the Mayor and City Treasurer

Fiscal Transparency & Accountability

Council

• Adopt city financial, investment, purchasing, credit card and other financial policies by resolution

• Responsible for establishing internal controls to protect city funds and assets

• Designate banks and credit unions used as depositories for city funds by ordinance

• Fund the city’s financial audit

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Fiscal Transparency & Accountability

City Treasurer

• Invest city funds as authorized by Council resolution

• Work with the independent Auditor

• Provide a monthly report on city finances to Mayor and Council

• Publish quarterly treasurer’s report as legal notice in newspaper or on city website

Roles & Responsibilities in Action: Personnel

Personnel

Mayor (or Department Heads)

• Hire, fire and supervise city employees

• Evaluate employee performance

• May award performance based bonuses or merit pay increases, provided the money is in the budget

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Personnel

Council

• Adopt personnel and other city policies

• Set city budget with compensation for each employee and across the board cost of living allowances (COLAs)

Roles & Responsibilities in Action: Public Records

Public Records

Council

•Adopting a records retention schedule, which sets the minimum period for retaining city records

•Approving a copy fee schedule for public records

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Public Records

City Clerk

•Serving as the Records Management Officer overseeing the retention and disposal of city records

•Receiving and responding to public records requests

Miscellaneous Responsibilities Mayor

• Signing official documents of the city, including ordinances and resolutions, minutes, checks, and contracts approved by the council

• Administering the oath of office to elected or appointed officials

• Performing marriage ceremonies within the State of Idaho

Miscellaneous Responsibilities Council

• Setting compensation for mayor and councilors by ordinance

• Designating official newspaper of the city for publishing legal notices, following requirements of state law

• Authorizing disposal of surplus equipment

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Service Provision & Delivery

Council

• Deciding the services that will be provided by the city

• Setting fees for services provided by the city or its contractors

• Approving contracts or franchises for solid waste collection or other services

Models of Service Delivery: Law Enforcement

• City Police Department

• Contract for Service with County Sheriff

• Contract for Service with Other City

• County Sheriff without Contract

Models of Service Delivery: Fire & EMS

• City Fire Department (may provide EMS)

• Fire District (may provide EMS)

• County Ambulance District

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Models of Service Delivery: Misdemeanor Prosecution

• City Prosecutor (Employee of City)

• City by Contract with Private Law Firm

• City by Contract with County Prosecutor’s Office

Models of Service Delivery: Solid Waste• City Provides Sanitation Service Using Own Trucks & Employees

• City Contract with Private Sector Company

• Solid Waste Franchise Allowing One or More Companies to Provide Service

• No Sanitation Service

Models of Service Delivery: Streets• City owns and maintains streets

• Countywide highway district owns and maintains streets within city (Ada

County Highway District)

• City owns streets and contracts with a city, county or highway district for

maintenance

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Disaster Emergencies: Idaho Code 46‐1011

Mayor

• May make initial declaration of a disaster emergency for up to seven days

Council

• Must vote to sustain local disaster

emergency declaration beyond

the initial seven‐day period

following the mayor’s declaration

Personnel Management

Personnel Management

• Role of mayor

• Role of council

• City appointed officials are nonpartisan professionals

• Give yourself time to figure out who is performing and who isn’t

• Need to follow your city’s personnel policy

• Need for honest timesheets (FLSA constraints)

• ICRMP is a resource

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Understanding the Idaho Open Meetings Law

Idaho’s Open Meetings Law

• Regular vs. Special Council Meetings

• Meeting Notice & Agenda Must be Posted at City Hall

• Regular Meetings:

Meeting Notice: Regular meeting day / time / place posted permanently

Agenda: Posted 48 hours before meeting

• Special Meetings

Meeting notice & agenda posted 24 hours in advance of meeting

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Developing the Agenda• City Clerk compiles and posts at city hall.

• Requests for agenda items should be accepted from the mayor, councilors, and city staff.

• Setting the agenda is a shared responsibility and requires cooperation between the mayor and council. 4)

Voting

• Most issues may be decided by voice vote.

• Certain actions require each councilor’s vote be cast individually and recorded individually in the minutes:

Passage of ordinances,

Approval of contracts, and

Motions to go into executive session.

• No voting by secret ballot.

Minutes

• City Clerk is responsible for ensuring accurate minutes are taken.

• City Clerk does not have to personally prepare the minutes.

• Minutes must be available within “reasonable time after the meeting.”

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Minutes Best Practices

• Reflect what was decided at a meeting – (not what you wish had happened.)

• Minutes should be an expanded version of the agenda – Not on the agenda? Not a decision!

• Minutes provide a valuable record documenting decisions for succeeding generations.

• Should not be a verbatim transcript—they are a summary.

• What needs to be attached? Referenced?

Executive Session

• Certain topics authorized by Idaho law may be discussed in closed executive session.

• The motion to go into executive session must be decided by roll call vote recorded in the minutes by individual vote.

• The motion must pass by two‐thirds vote.

• The motion and the minutes must state the specific subsection(s) of Idaho Code 74‐206(1) that authorizes the executive session.

Executive Session Topics: Idaho Code 74‐206(1)

(a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general;

(b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent…;

(c) To acquire an interest in real property not owned by a public agency;

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(d) To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code;

(e) To consider preliminary negotiations involving matters of trade or commerce in which the governing body is in competition with governing bodies in other states or nations;

(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement;


Subsections (g) and (h) are not relevant for cities.

(i) To engage in communications with a representative of the public agency's risk manager or insurance provider to discuss the adjustment of a pending claim or prevention of a claim imminently likely to be filed. The mere presence of a representative of the public agency's risk manager or insurance provider at an executive session does not satisfy this requirement; or

(j) To consider labor contract matters authorized under section 67‐2345A [74‐206A](1)(a) and (b), Idaho Code.

Most Common Open Meeting Law Violations

• Late posting of notice / agenda

•Discussing a topic not on the agenda

• Improperly adding a topic to the meeting agenda

•Communication between governing board members outside of public meeting

•Discussing a topic in executive session that must be discussed in public meeting

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Penalty for Violating Idaho’s Open Meetings Law• Any action, or any deliberation or decision making that leads to an action, that occurs at a meeting held in violation of the Open Meetings Law is void.

• Also fines paid personally by members of the governing body.

A $250 civil fine for an initial violation.

A $1,500 civil fine for a knowing violation.

A $2,500 civil fine for repeated knowing violations within 12 months.

• Undergoing the cure process (discussed below) protects members of the governing body from the $250 civil fine, but does not protect them from liability for knowing violations.

Can We Fix an Open Meeting Law Violation?

Yes, We Can!

Following Your Moral Compass

• Your legacy as a public servant is defined by your integrity and values.

• The public servants who leave the most indelible legacy are those who are principle‐driven, compassionate and follow their moral compass.

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Idaho’s Ethics in Government Act

• Applies to all city officials: elected, appointed and staff.

• Requires disclosure of conflicts of interest.

• Conflict of interest = private financial benefit to the city official, member of their household, or business.

• Seek advice from city attorney.

I May Have a Conflict—What Should I Do?

• Seek advice from city attorney.

• If city attorney decides a real or potential conflict exists, then disclose.

• Decide whether to participate and vote on the matter.

• More stringent requirements for P&Z and urban renewal conflicts of interest.

Penalty for Violating Ethics in Government Act

• Public officials who intentionally fail to disclose conflicts of interest may be fined up to $500.

• Cities may prescribe additional penalties.

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Prohibited Contracts with Officers

• City elected officials are prohibited from benefitting financially from any contract to provide goods or services for the city.

• Elected officials cannot:

Be paid to work for the city over and above their salary as an elected official, or

Sell goods or services to the city.

Gifts

• Gifts to city elected officials and staff are prohibited, with the following exceptions:

Fees that a public servant is legally entitled to receive;

Gifts from family, friends, or business acquaintances; or

Trivial gifts under $50 in value.

Bribery & Corrupt Practices Act

• Bribery, Threats & Improper Influence;

• Compensation or Retaliation for Past Actions;

• Compensating Public Servants;

• Buying or Selling Political Endorsement or Influence;

• Using city funds or property for financial benefit without specific authorization from the city; and

• Using or disclosing confidential information for economic gain.

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Nepotism• No person related to a mayor or councilor by blood or marriage within the 2nd degree can be paid to work for the city.

• Exception for those already working for the city when a relative is elected.

Ethical Breaches

• Harassment by co‐workers / supervisors.

• Public records release without authority.

• Open meeting violations.

• Failure to follow bid/public works statutes.

• Inappropriate relationships with employees /co‐workers.

Ethical Breaches (cont.)• Failure to disclose and step down when necessary in conflict situations.

•Misuse of public funds – embezzlement and other less obvious issues:

Use of public gas cards / purchasing cards

Overstating expenses

Presenteeism

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Planning & Zoning Conflicts of Interest

•Strict prohibition on participating in P&Z matters when you have a conflict of interest.

•Seek advice from city attorney.

•Disclosure and nonparticipation required.

•Knowing violation is a misdemeanor.

Urban Renewal Conflicts of Interest

• Strict prohibition on city and urban renewal agency officials from voluntarily acquiring any direct or indirect personal interest in an urban renewal project, in property affected by an urban renewal project, or any contract associated with an urban renewal project.

• Consult city attorney.

• Disclosure required.

• Violation constitutes misconduct in office.

Public Purchasing Basics

• Exceptions from Competitive Bidding

• Licensed Public Works Contractors over $50K

• Any purchase over $50K must be bid.

• Procurement of Public Works Construction

• Purchasing Equipment & Services

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Installation of Elected Officials


• Mayors and Councilors are installed in office at the first council meeting in January following their election or re‐election


• Incumbent mayor and councilors convene meeting, approve minutes, and authorize payment of bills.

• Those elected or re‐elected at the Nov. 7, 2017 election stand, verbally swear to the oath of office, and sign the oath of office form, which is kept by the city.

• Those elected or re‐elected at the Nov. 7, 2017 election each receive a Certificate of Election, signed by the mayor and countersigned by the city clerk.

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•Then the newly elected officials take their seats.

•The council elects its president at some point during the remainder of the meeting.

•Any vacancies remaining after the election may be filled by the normal process of appointment.

Text of Oath of Office

I, __________, do solemnly swear (or affirm) that I will

support the Constitution of the United States, and the

Constitution of the State of Idaho, and that I will

faithfully discharge the duties of __________ of the

City of __________ according to the best of my ability.

Taking the Oath of Office

• Can have the elected official recite every word of the oath, but this can be nerve wracking in a public setting of such importance.

• It is easier to have the person administering the oath—generally the mayor or city clerk—recite the entire oath “Do you solemnly swear…” At the end of the oath the elected official responds “I do,” or “I will.”

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Who Can Administer Oath of Office?

• City Clerk

• Mayor—NOTE a newly elected or re‐elected Mayor must swear to the oath BEFORE administering the oath to others

• An Idaho judge or Idaho Supreme Court justice

• The Idaho Secretary of State

• County elected officials

Protecting Public HealthBASICS OF ENVIRONMENTAL REGULATION

Powers of Idaho Cities

•Police Power—ID Constitution Art. XII, Sec. 2

Fundamental power of cities to enact laws for the promotion and protection of the public health, safety, and welfare

•Governmental Powers of Cities

•Cities as Municipal Service Providers

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Tragedy of the Commons

When multiple individuals act independently for their self‐interest, the shared & limited resource will ultimately be depleted.

Regulations

“We don’t regulate because we like to

restrict a person’s freedom. We

regulate in order to maximize the

freedom of everyone.”

‐ James McClure

Historical Framework

Cuyahoga River Fire, 1952

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Historical Framework Revisited

• Chicago River Fire, 1888

• Buffalo River Fire, 1968

• Rogue River Fire, 1969

• Cuyahoga River Fire, 1868, 1883, 1887, 1912, 1922, 1936, 1941, 1948 & 1952

• ...Australia, 2016 (fracking?)

ENVIRONMENTAL PUBLIC HEALTH &

SAFETY

Food Supply• soil erosion or salinization• water shortages• poor soil organics & nutrition• over-harvesting• hunger

Air• harmful particulates• stratosphere ozone depletion• acid deposition• noise• toxic chemicals

Water• nutrient overload• toxic chemicals & algae• coliphage & bacteria• limited ground &

surface supplies

Waste Production• solid waste• hazardous waste• oceanic dead zone• insufficient landfill

Biodiversity & Health• habitat destruction• genetic mutations• extinction• pandemics• chronic illness

ENVIRONMENTAL PUBLIC HEALTH

& SAFETY

Extreme Natural Events• floods• fires• earthquakes• severe heat, cold, precipitation• terrorism• wind

Economy• growth:

• water supply & treatment• solid waste

• healthy (educated) residents

Financial Capabilities• median household income• bond rating• utility rates & cost of service

Sensitive Groups• children• elderly• immunosuppressed• uniquely abled

Zoning• transportation• building safety• co-located public services

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Idaho Reclaimed / Wastewater

Water Pollution: Federal

• 1886: River and Harbor Act

• 1948: Federal Water Pollution Control Act (as amended):

Clean Water Act of 1972 (CWA)

Clean Water Act of 1977

Clean Water Act of 1987

Safe Drinking Water: Federal (1/2)

• 1914: US Treasury established a limit of 2 coliforms per 100 ml for drinking water

• 1942: US Public Health Service (drinking water standards)

• 1948: Federal Pollution Control Act

• 1974: Safe Drinking Water Act (SDWA, as amended)

1986 ‐ additional contaminants added + lead solder & plumbing restricted

1996 ‐mandatory consumer confidence reports

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Safe Drinking Water: Federal (2/2)

•1986: Wellhead Protection Program

•1996: Source Water Assessment and Protection

•2011: Reduction of Lead in Drinking Water Act

•2015: Drinking Water Protection Act (algae toxins strategic plan & risk assessment)

Water: Idaho• 1889: Idaho Constitution

• 1895: Idaho Office of State Engineer

• 1907: Idaho State Board of Health

• 1913: Idaho Public Utilities Commission

• 1974: Idaho Department of Water Resources

Formerly the Department of Water Administration & the Water Resource Board

• 2000: Idaho Department of Environmental Quality

Formerly was a Division under the Idaho Department of Health

Idaho Agency Roles: Water (1/2)

• Department of Environmental Quality

Drinking Water; Groundwater; Waste/Reclaimed Water; Surface Water Quality

• Department of Water Resources

Water Rights; Wells; Stream, Dams, Floodplains/Floodways; Water Supply; Spatial Data; Underground Injection Control Program Wells

• Department of Agriculture

Pesticide Certification; Invasive Species; Groundwater Monitoring & Protection; Surface Water Quality

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Idaho Agency Roles: Water (2/2)

• Idaho Division of Building SafetyPlumbing Code; Public Works Contracting

• Idaho Public Utilities Commission

Rates and Policies for Privately‐Held “Public” Drinking Water Utilities

• Idaho Health DistrictsPublic Swimming Pools; Septic Systems; Public Health Preparedness

Water: Current Issues (1/2)

• Clean Water Act Discharge Permits – Idaho Primacy

• Treated Water Effluent Limits & Wasteload Allocations

• Stormwater Permits: Compliance & Planning

• Triennial Water Quality Standards Review

• Water Quality Toxics Standards for Human Health + Aquatic

• Copper Biotic Ligand Model/Selenium

Water: More Issues (2/2)

•Re‐Use of Municipal Treated Wastewater

•Aquifer Management – Eastern Snake River Plain Groundwater Management Plan

• Infrastructure & Compliance Funding

• Financial Capability Assessments

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Association of Idaho Cities: Policy Development Resources

• Association of Idaho Public Works Professionals

• Municipal Water Users Committee

Water Re‐Use Task Force

• Environment Committee

Stormwater Technical Group

Idaho Air Quality

Atmospheric Pollution Management: Federal

• 1955: Air Pollution Control Act

• 1963: Clean Air Act

• 1967: Air Quality Act

• 1970: Clean Air Act (CAA, built upon 1967 Air Quality Act):

1977: prevention of significant deterioration

1990: acid rain, volatile organic carbons, chlorofluorocarbons, banned lead from gasoline

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Clean Air Act

• Emission controls for sources

•Cap‐and‐trade program to limit acid rain

•Prevention of significant deterioration of air quality

•Restore visibility impaired by regional haze in national parks and wilderness areas

•Phase out of most ozone‐depleting chemicals (“Montreal Protocol”)

Clean Air Act: Six Pollutants

•Ground‐Level Ozone

•Particulate Matter

•Carbon Monoxide

• Lead

• Sulfur Dioxide

•Nitrogen Dioxide

Idaho Agency Roles: Air (1/2)

•Department of Environmental Quality

National Ambient Air Quality Standards & Pollutant Planning, Permitting, Enforcement, Burn and Smoke Management, Monitoring, Public Notifications/Visibility Cameras, Volkswagon Diesel Settlement Mitigation Trust

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Idaho DEQ Air Quality Responsibilities

• National Ambient Air Quality Standards & Pollutant Planning,

• Permitting,

• Enforcement,

• Burn and Smoke Management,

• Monitoring,

• Public Notifications/Visibility Cameras,

• Volkswagon Diesel Settlement Mitigation Trust

Air Quality Responsibilities Other Agencies

• Idaho Transportation Dept.

Assesses all federal‐aid transportation projects for carbon monoxide

• Regional Airshed Planning (Transportation)

conducts studies, public education, and technical assistance to member agencies

Community Planning Assn. (COMPASS): Treasure Valley

Kootenai Metropolitan Planning Org. (KMPO)

Bannock Transportation Planning Org. (BTPO)

Lewis‐Clark Valley Metropolitan Planning Org. (LCVMPO)

Bonneville Metropolitan Planning Organization (BMPO)

Air: Current Issues

• Municipal Permits for Methane Emissions (reclaimed/wastewater; county landfills)

• Community‐Based Airshed Management• vehicle emissions (Treasure Valley)

• wood smoke (Pinehurst, Salmon, Franklin County, and the Portneuf Valley)

• PM2.5 Standard Compliance• Submittals: West Silver Valley PM2.5 Nonattainment Area State Implementation Plan/Maintenance Plan

• Re‐designation Request: Pinehurst Nonattainment Area

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Idaho Solid & Hazardous Waste

Solid & Hazardous Waste: Federal

• 1965: Solid Waste Disposal Act

• 1976: Resource Conservation and Recovery Act (RCRA) 1984: Hazardous and Solid Waste Amendments

1988: Medical Waste Tracking Act (RCRA Subtitle J amendment)

• 1980: Comprehensive Environmental Response, Compensation, & Liability Act (CERCLA)

1986: Superfund Amendments and Reauthorization Act

Idaho DEQ Responsibilities on Solid Waste

• Hazardous Waste Standards, Management, Reporting, and Reclamation (RCRA)

• Biosolids (sludge)

• Solid Waste Landfills

• Waste Recycling

• Waste Remediation & Brownfields

• Groundwater Quality Control

• Air Quality Control (Methane)

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Hazardous Waste: Categories

•Universal Waste

•Electronic Waste

•Used Oil

•Sump Waste

•Spent Solvents

•Household Hazardous Waste

•Mercury

Solid Waste: Current Issues (1/2)

•Landfill Capacity Planning & Funding

•Customer Demand for Diversion Services

•Recycling paper•Plastics•Glass•Green/Compost

Solid Waste: Current Issues (2/2)

•Community Re‐Investment Sites (Federal Assistance: Brownfields)

• Long‐Term Cleanup Sites (Selenium @ SE Idaho; Lead @ Silver Valley)

•Mining & Industrial Site Assessments and Assistance •New & Expanding Mining Sites

•Underground Storage Tank Fee & Inspection Program)

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Growth Management Tools

• Comprehensive Plan

• Zoning Ordinance

• Subdivision Ordinance

• Annexation

• Area of City Impact

Public Comment Periods

Public has the right to attend meetings (except executive sessions), but opportunities for the public to speak are generally limited to:

• Designated public comment periods, and

• Public hearings.

Sideboards for Public Comment Periods

• Issues must be relevant to city government,

• No repetitive or abusive comments,

• No comments on pending land use applications,

• Complaints about city staff must be made outside of the meeting to the mayor,

• Time is limited to 3‐5 minutes per speaker, and

• Any issue requiring council action must be put on the agenda of a future council meeting.

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Idaho’s Public Records Law: What You Need to Know

What is a Public Record?

• Must relate to city government, and

• Must be prepared, owned, used or retained by city officials—elected, appointed or staff.

• What matters is content, not the format used to record or transmit the information.

• Email and text messages are public records, even when sent using personal devices.

Public Records Requests

• Right to examine and/or receive copies

• Requests may be required in writing

• Request made to records custodian, generally city clerk or police records custodian

• Can’t ask why they want it

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Examples of Exempt Records• Presumption all records are public unless specifically provided by state or

federal law

• Examples of exempt records include:

Certain law enforcement investigatory records

Trade secrets provided by businesses in RFPs or bids

Certain records concerning assistance to businesses looking to locate, invest in or

expand operations in Idaho

Certain personnel records—there is personnel info that is public and must be

disclosed

Responding to a Public Records Request

• Must grant or deny within 3 working days after receipt.

• May respond in writing to notify requester of extension for locating / retrieving / copying. Records must be provided within 10 working days after receipt of request.

• City should require advance payment of fees, in which case the 10 working day countdown starts when payment is made by requester.

Denial of a Public Records Request

• Must be done in writing.

• City Attorney must be involved.

• Must state the specific provision of law exempting the records from disclosure.

• Must also state the requester’s right to appeal and the timeframe for appealing.

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Charges for Public Records Requests

• First 100 copies and first 2 hours of labor for each request are free.

• City may recover actual labor and copying costs where:

Request is over 100 pages,

Labor will be over 2 hours, or

Nonpublic info must be redacted by an attorney.

• City council should adopt copy fee resolution.

Waiver of Charges

•Charges must be waived when request meets all these criteria:

Contribute significantly to public’s understanding of government; and

Request is in the public interest, not the individual interest of requester; and

Requester lacks financial resources to pay the charges.

Itemized Fee Statement

• City must provide a statement when fees are charged showing:

Per page costs for copies & number of pages; and

Number of hours for each employee and/or attorney in responding to the request, and hourly rate charged for each.

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Penalty for Violating Idaho Public Records Law

• Any public official who deliberately and in bad faith improperly refuses a legitimate public records request may be fined up to $1,000.

• This fine is payable by the official personally, not the public agency.

Liability Protections for City Officials

• Idaho Tort Claims Act.

• You are not personally liable when acting within course & scope of your duties as a city official.

• City must provide you a defense and pay any claims.

• Governing vs. Operations.

• Submitting a claim.

Contacting AIC

3100 South Vista Avenue, Suite 201

Boise, ID 83705

Ph: (800) 344‐8594 (toll free in Idaho)

Ph: (208) 344‐8594

Fax: (208) 344‐8677

www.idahocities.org

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Other Resources

ICRMP3100 S. Vista Ave., Suite 300

Boise, ID 83705

[email protected]

ICRMP.org

Ph: (800) 336‐1985 or

(208) 336‐3100

Fax: (208) 336‐2100

LHTAC & T2 Center3330 W. Grace St.

Boise, ID 83703

[email protected]

[email protected]

LHTAC.org

Ph: (800) 259‐6841 or

(208) 344‐0565

Fax: (208) 344‐0789

Thanks for your time and attention!

2017 academy for city officials · 2018-04-02 · • issues licenses • point of contact for...

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