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CHM 07/26/1977 - SPECIAL MEETING CRA R COMMISSION MEETING July 26, 1977 MEMBERS PRESENT: Ray Sheridan, Clifford Ash, Jackie Johnson, John Swanson, Kenneth Brennen, Roy McPherson, Walt Starwalt, Tim Breider MEMBERS ABSENT: Elaine Knoff, Jerry Ratcliff, Robert O'Neill, David Berg, Jean Schell, Arne Takkunen OTHERS PRESENT: None CALL TO ORDER: Chairperson Sheridan called the meeting to order at 7:00 p.m. 1. SPECIAL MEETING CALLED BY CHAIRMAN RAY SHERIDAN A. Code of Ethics Ordinance Mr. Sheridan stated that a letter had been received from the City Manager indicating that they would like comments on a proposed ordinance establishing a code of ethics for city officials. The pur- pose of the meeting tonight, he stated, is to discuss and pass on to the City administration Commission input with respect to this proposal. Mr.. Sheridan also indicated that he had received a letter dated July 11 from David Berg, who is not able to be here this evening, which outlined some reservations he had regarding this proposed ordinance. Mr. Berg sent copies of his letter to Mayor Nee and Councilman Fitzpatrick. Mr. Sheridan said he had a call from the Councilman and he also has some definite reservations regarding this ordinance. 1 Mr. Ash said that although he cannot object to the philosophy of the proposal, he did feel that there are questions unanswered and wondered if it is already perhaps covered in state statutes. All reports go back to City management, he said, and he wondered how they will be administered as there is no indication as to how reports should be used. Mr. Ash questioned why they are reaching down to Commission level; that it should apply more to elected officials and city employees, because they are the ones conducting city business. Another thing he felt was that as an ordin- ance it can be amended at any time by three people of the Council, and maybe it better belongs in the Charter. There was general questioning by members of the Commission as to the urgency of the ordinance; also a feeling that it was too long, and could be contained in one paragraph. CHARTER COMMISSION MEETING, July 26, 1977 Page 2. Mr. Sheridan stated that his first impression upon reading the proposed ordinance was how would it affect commission membership within the city -- that there might be a feeling of invasion of privacy, thus discouraging people from serving at all. There was further discussion by all members regarding the need for such a law if it is covered in Minnesota statutes; that it is not well defined in some areas; that it is too borad and far reaching in applica- tion; that there are unanswered questions surrounding the filing, admin- istration and final disposition of reports. Mr. Brennan made a MOTION to send a letter to City Manager to the effect that the Code of Ethics Proposal under discussion here properly belongs in Charter rather than as a City ordinance, and include in the letter major questions coming out of discussion. Motion seconded by Mr. Swanson and upon a voice vote, all voting aye, motion passed unanimously. Mr. Starwalt indicated that he had been writing various questions raised by members as follows: 1) Method of administration and use of reports; 2) Manner and means of providing public access to filed disclosures; 3) Method of review and/or reconciliation of alleged errors, omissions or actions; 4) How does this ordinance differ from State statutes, particularly 471.88? 5) Possible violation of privacy invasion statutes; 6) When a member of any commission acts in good faith, who will pay for litigation if that member is sued? • For example, a person subject to the ordinance could work for a corpora- tion on which a member of that corporation's board of directors (unknown to that person) could also serve on another board of a firm that does business with the City; thus discussing and voting on an action could be a violation of the ordinance; 7) Would such an ordinance have the effect of discouraging citizen participation on board-, commissions, committees, etc? Mr. Sheridan appointed Mr. Starwalt to compose a letter to City Manager and after completion of draft to go over it with Mr. Ash and together make sure that it reflects consensus of discussion tonight (Attach. 2) . ADJOURNMENT Mr. Sheridan called for adjournment at 8:00 p.m. Respectfully submitted, Verna Gore Recording Secretary July 27, 1977 Mr. Nasim Qureshi Manager, City of Fridley City Civic Center Fridley, Minnesota 55432 Dear Mr. Qureshi: The Charter Commission held a special meeting on July 26, 1977 at which a quorum was present. The only item of business was to dis- cuss the proposed ethics ordinance. The members of this Commission unanimously adopted the following motion: "To send a letter to the City Manager to the effect that the code of ethics proposal under discussion here properly belongs in the Charter rather than as a City ordinance, and include in the letter major questions coming out of discussion tonight. " The proposed ordinance opened a number of questions by various members of the Commission, as follows: 1. Method of administration and use of reports? 2. Manner and means of providing public access to filed disclosures; 3. The method of review and/or reconciliation of alleged errors, omissions or actions; 4. How does this ordinance differ from State statutes, particularly 471.88? 5. Possible violation of privacy invasion statutes? 6. When a member of any commission acts in good faith, who will pay for litigation if that member is sued? For example, a person sub- ject to the ordinance could work for a corporation on which a member of that corporation's board of directors -- unknown to that person -- could also serve on another board of a firm that does business with the city; thus discussing and voting on an action could be a violation of the ordinance. 7. Would such an ordinance have the effect of discouraging citizen participation on boards, commissions, committees, etc? 612,A6_1.LALY A.E Cliffo dLAsh, Vice Chairman"' Charter Commission cc: Members, Charter Commission • • July 19, 1977 •Mr. Ray Sheridan, Chairman • City of Fridley Charter Commission % City Hall 6431 University Avenue N.E. Fridley, Minnesota 55432 Dear Mr. Sheridan: Having missed the meeting of May 24 because of a previous commitment, I will also be absent from the July 26 meeting as I will be in Colorado on business that week. I have reviewed the proposed code of ethics ordinance and submit the following observations: 1) The intent of the ordinance appears commendable and most • of the drafting sound. Exceptions follow. 2) 30.30, Subdv. 1 (4) and 30.32, Subdv. 1 (3) are objection- able. It requires an individual to do an act which may be impossible, i .e. , one may not necessarily know that another person has a financial interest of more than 10% and/or is covered by the ordinance. This could easily be the case with any public corporation or limited partnership. Nor is it clear why 10% is chosen. If I read the present language right, any twelve persons subject to the code could own an entire business among them and not have to disclose unless the business were located in Fridley or did business with Fridley. If the business involved is dealing with the City of Fridley or is located in the City of Fridley, the interest will have been disclosed under the previous section of the ordinance; if not, it seems to me it is irrelevant. Thus I would favor striking these two sections. Alternatively, one could write, "---with which he or she has a financial interest and in which he or she knows one or more other persons covered by this code of ethics---." • • Mr. Ray SWeridan July 19, 1977 Page 2 • 3) In 30.33, Subdv. 1 (1) , the exception clause is not an exception since clients of the city attorney's private law practice would not, in any case, be included in the basic definition. A better method of stating this would be a third section stating that the city attorney's private law clients are to be included if they meet the definition of section (1 ) . • erely, David J. Be Member Charter Commission DJB:sec cc: Mayor Nee Councilman Fitzpatrick •