CAREFREE TRUTH
Carefree Truth #467
Carefree Truth
Issue #467, March 4, 2016
Mayor Les Peterson stated that while working on updating the Town Code, and looking at what other cites and towns do, it was discovered that over 80% included Codes of Conduct for elected and appointed officials which delineate required demeanor, behavior and treatment of members of the Town Council, the Planning and Zoning Commission (P&Z) or any other committees. These people are the face of the Town.
Jim Van Allen asked to speak. He wanted it mandated in the Ordinances that the full Council packets would be available on the Town website by the Friday before each Council meeting. Mayor Peterson asked him if this related to agenda item #16, the 1st reading of amendments to Chapters 2, 3 & 4 of the Town Code. He said it did. The Mayor reminded him that they were now discussing item #17, Code of Conduct. Mr. Van Allen continued on to say that some ordinances were passed by P&Z and others by the Council. He thought they should all go to the Council; none should be passed by P&Z.
He then said, "Let me apologize in advance for being less than civil to Gary," (Town Administrator Gary Neiss). Mr. Van Allen cited a new section in the Ordinance that he thought was "authored by Gary personally". Mayor Peterson told him, "It was authored by me." Mr. Van Allen asked, "The whole section?" Mayor Peterson explained, "I pulled it from a lot of other sources, but it wasn't from Gary; it was me." Mr. Van Allen noted that it said the Town Administrator serves at the pleasure of the Council, which is the way it should be. But other places say he is the chief decision maker. The Mayor responded that the Council makes the decisions. Mr. Van Allen said the Council members can talk to other staff members but only to make inquiries. Other than that, they have to work through Mr. Neiss. Addressing the Mayor, he said, "He's not the king, you know. You're the CEO. It sounds too much like you have a Town Manager." Mayor Peterson reminded Mr. Van Allen that his comments related to the Town Code amendments, which was the previous agenda item, as opposed to the adoption of a Code of Conduct which they were now discussing.
I approached the podium to point out that Mr. Van Allen was incorrect when he stated that P&Z passes ordinances, pointing out that we are strictly a recommending body. The Mayor said, "We realize that." I replied that I knew the Council knew, but Mr. Van Allen obviously didn't realize it, and I was explaining it for him. Mr. Neiss expanded on the explanation. When proposed ordinances come before P&Z, they relate to land use issues. Public vetting is a process associated with that. The 1st reading is done at the P&Z meeting and the Commissioners make a recommendation. The 2nd reading is done at the legislative level, which is the Council. All other types of ordinances are considered by the Council outside the realm of P&Z, and require 2 readings at Council meetings. Vice Mayor John Crane said this is the way Carefree does it and will continue to do it, but that they would look at the text to see if it needed clarification. John Traynor stood up saying he too was not talking about the Code of Conduct, but about the Ordinances. Ordinances are the law, and must state intent or it's not the law. "Take a good look at the wording."
Mayor Peterson brought the meeting back to the agenda item at hand, asking Town Clerk Kandace French to address the difference in sanctions between elected and appointed officials in the Code of Conduct. Mrs. French said the wording in the Council packets said A: Elected and appointed officials may have participation in Town assignments terminated (other than participating in regular and special meetings of the Council) both within the town and/or with intergovernmental agencies, for a period of up to one year; and they may have official travel restricted. B: Appointed officials may have their participation terminated in the advisory board, committee or commission upon which they serve. She explained that missing language, which was being added, addressed members of the Council who had been appointed by the Council rather than elected by the citizens, as was the case with Councilmen Gene Orrico and Bob Gearhart on the current Council. They replaced Mayor David Schwan and Councilman Marty Saltzman, both of whom resigned due to health issues. The only way appointed officials on the Council can be removed from office is through a recall election by the citizens.
Mrs. French said if the Code of Conduct was approved that night, language in the Town Code would mirror the sanctions section by the time the second reading of the Code amendments took place at the March meeting. Mr. Neiss explained that policies are established using Resolutions. The Code of Conduct falls into this category. But there would be some cross references to the policy in the Town Code. Unlike Ordinances, policies can be changed using resolutions; they are not legislative. The penalties for violating policies must be in the structure of an Ordinance in order to give them "teeth", which is why they are cross referenced in the Ordinance.
Several Council members wanted more time to peruse the Code of Conduct, and since the penalty section would be cross referenced in the Ordinance amendments, the Council unanimously decided to continue discussion on it until the second reading of the Ordinance amendments at the March 1st meeting.
The second reading to amend Chapters 2, 3 & 4 of the Town Code took place at the March 1st Council meeting. Mayor Peterson said the Town had received both written and oral comments, and Town Attorney Mike Wright added the definition of "Quorum". Each comment was considered and some revisions were made.
Councilwoman Melissa Price suggested additional language for the "Code of Conduct Sanctions" section of the Ordinance. "All disputes and verified complaints shall be resolved by swift and inexpensive mediation by an objective 3rd party. The Carefree Municipal Court Judge shall appoint an industry professional as the sole mediator to hear a dispute. The mediator shall employ such rules and procedures to insure due process but also to effect a swift and inexpensive proceeding." She also suggested adding the line, "Such sanctions may include the following and shall be binding and not appealable."
Councilman Mike Farrar asked Mr. Wright if there was any conflict in that language with other language in the Ordinances, and if it isolated disputes and verified complaints. Mr. Wright said the language was consistent and just provided an additional element of due process. Vice Mayor Crane asked if , "Sanctions shall only be imposed by a majority vote of the Council", remained. Mr. Wright said it did. The Council unanimously voted to amend Chapters 2, 3 & 4 of the Town Code with the suggested revisions.
The next agenda item was approval of the Code of Conduct, which the Council approved unanimously without further discussion.
Lyn Hitchon
Prepared by Carefree Truth
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