07/09/2013 Public Safety and Personnel CommitteeMINUTES
JULY 95 2013
Elected Officials Present: Councilmember Bloom
Councilmember Peterson
City Staff Present: Doug Fair, Municipal Court Judge
Mary Ann Hardie, Human Resources Manager
Carrie Hite, Human Resources Reporting Director
Sandy Chase, City Clerk
Also Present: John McGibbon
Bob Rinehart
The meeting was called to order at 6:00 p.m. Agenda items were discussed in an order
that would accommodate participants at the meeting.
E. Review of appointment of two new members to the Edmonds Public
Facilities District Board.
John McGibbon and Bob Rinehart, Public Facilities District Board Members, were
present to discuss this item.
Councilmember Bloom commented that the City Attorney indicated that approval of
appointment of new members to the Public Facilities District (PFD) Board must be made
by Council based on the original ordinance. She noted that it is confusing that
appointments to each board and commission are handled differently. Typically when the
Council reviews applicants for appointment they receive the full list of candidates which
did not occur in this process. She preferred to have all of the applications be forwarded
to the Council in advance to discussing the appointment at a Council meeting.
Councilmember Peterson noted that he is the Council representative to this Board and
participated during the interview process, and he described the process. Mr. Rinehart
also provided details surrounding the interview process. Mr. McGibbon confirmed the
process used was consistent with what has occurred previously.
The committee members requested that all of the applications for appointment to the
PFD Board be forwarded to the full City Council for review. Approval of the appointment
of two new members should be placed on the Council Consent Agenda for approval;
only the applications of the two members to be appointed should be included with this
agenda memo.
The committee would also like to review and clarify the process for future appointments.
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B. Reinstating Clerk Position
Judge Fair explained that case loads continue to increase in the court. As a result of the
increased work load and the fact that funds are available, he was requesting reinstating
the clerk position in Municipal Court.
Responding to questions, Judge Fair stated that funds are available in the non
departmental budget (unallocated portion of the public defender contract).
The committee members agreed to place approval of reinstating the clerk position on the
City Council Consent Agenda.
C. L & 1 Claims Management
Mary Ann Hardie, Human Resources Manager, referred to the memo provided to the
City Council on this topic. She explained that her department analyzed options related
to managing the city's L & I claims. The analysis came down to looking at a third party
to handle the claims. Based on the analysis, costs would be lower using a third party.
There is a fee for the services that at a minimum would be a break even cost with the
potential of significant savings.
Councilmember Peterson asked if the use of a third party would have any effect on labor
agreements. Ms. Hardie stated they are having the City Attorney's Office check on this
issue, however, they do not believe it is a subject of bargaining. They also did an
extensive reference check of the firm being considered and all cities and counties have
been very pleased.
Responding to further questions, Ms. Hardie stated the third party would provide as
much training as needed to employees.
Committee members were supportive of moving forward to the next step.
A. Discussion: Edmonds City Code Chapter 2 Revisions
Councilmember Bloom stated that she discussed a number of issues with the City
Attorney today. The first issue is regarding the title of the Chapter "Confirmation and
Duties of City Officers." She noted that there is not a definition of a City Officer. She
made the assumption that a City Officer is a director level position or all the positions
that include over site of code and have to be approved by Council. She believes "City
Officer" needs to be defined.
Councilmember Bloom also pointed out the Chapter includes reference to the Hearing
Examiner, Executive Assistant to Council, and Mayor's Executive Assistant. She noted
these positions are not City Officers.
Councilmember Peterson suggested the title of the chapter could be changed from the
reference to "City Officers" to referencing the positions that are included in the chapter.
After discussion, the committee members agreed to request the City Attorney to bring
back a definition of City Officer.
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Cou0j|member Bloom the City Attorney also suggested that the positions of
City Clerk and City Engineer be included in this Chapter because they are called out in
RCVV. She agrees that i1 makes sense tO include these positions 88 City Officers.
COunCi|member Peterson expressed wariness that this would add city staff that Council
needs to confirm, which may C8UGe more of the line between the legislative b[8DCh and
the executive branch tO get crossed. This would be going beyond confirming director
positions.
After discussion, the CO00ittH9 090b9rS @gn9Hd to bring to the City Council for
discussion the addition Of the City Clerk and City Engineer positions tO Chapter 2.
The D9Xt iSSVH diSCUGSHd by COuDCi|0H0b9[ B|000 was [9|819d to the H98hDg
Examiner being iOC|Udgd in this Chapter. She questioned why this position is included.
(Note: This issue was further discussed later /n the nn88tinn.)
Next, COUOCi|0e0b8r B|000 referred to |8DgU8g8 p[OpOS8d for 2.10.010 A, and
recommended the following changes:
A. Whenever a vacancy occurs in one of the positions listed in this section, the city
council may Will review the specifications Of that position and revise it8Sneeded
before acting to confirm a permanent appointment.
She further recommended the last sentence be removed 8S she does not see the need
for it.
COUnC |DlRDlbH( PHtH(SOD agreed with changing "may" to "will." With regard LO n8DlOVng
the last sentence, he questioned if the City Attorney may have included it as a
protection.
Next, COumci|member Bloom referred to language proposed for 2.10.010 O, and
recommended the following changes:
D. The mayor Sh8|| appoint, SuhieCi 8J COunC| COnfinn8UOn, the department direGte
C11tV Officer positions. The city shall have the following depar#neRt diFeGto C118V
Officer positions;
With regard to the balance of Section D., she suggested the following:
"The council shall interview the top three candidates for each position prior to the
mayor's final selection, PROVIDED that the city council may waive the three-
interview requirement by 0NiOO and may Opt to interview as few as one two
CGndidate(s) for any vacant position.
COumci|membgr Peterson disagreed commenting that if there iS clearly only one qualified
CROdid818 it would be forcing the Mayor to have an unqualified candidate be interviewed,
which would not bHappropriate. |tiS always the council's option tO require 8Dadditional
candidate, but not always feasible. He believes the current language iSfine.
COUnC|no9nobHr Bloom stated this topic will be added as 8diSCUGGk}n iSSUH before the
full council. (Note: This topic was discussed further in the meeting.)
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Next, Councilmember Bloom discussed 2.10.010 E., and proposed the following:
"Notwithstanding the provisions of this chapter, the mayor shall have the authority to
appoint, without city council confirmation, an acting director to any of the positions
set forth in subsection D, above, PROVIDED that a search is initiated immediately to
fill the vacancy, and there is budgetary authority to fill the position, AND any such
acting directorship shall expire and be deemed vacant six months after the date of
the appointment. The city council shall be given written notice about any such acting
appointments including the effective date of the appointment.
If, in that 6 month period of time, two or more suitable candidates have not been
found for Council to interview, the mayor may request an extension of an additional 3
months to continue the search. Any extension of the 6 month initial "acting
directorship" appointment shall be subject to city council confirmation."
Council President Peterson stated he wants to be sure that if the Mayor finds only two
qualified candidates that he is not able to move forward because he does not have
three.
Carrie Hite, Human Resources Reporting Director, joined the meeting at this time and
suggested the committee consider two candidates versus 3, pointing out the recent
experience in replacing positions.
After discussion, the committee agreed to the language: two or more suitable
candidates.
Additional discussion was held regarding the Hearing Examiner being included in this
Chapter. The committee concluded the City Attorney is to determine if there would be a
conflict of interest if the Hearing Examiner is hired by the City Council. In addition, it was
recommended to eliminate consideration of including the City Attorney under this
chapter.
Next, under 2.10.020, Assignment of Duties, Councilmember Bloom recommended:
The city council shall define the functions, powers and duties of the city's directors
and employees. The mayor &ha4 will direct, supervise, and be in charge of all
directors and employees in the performance of their functions powers and duties.
Councilmember Bloom also wanted language added that "all city officer job duties and
job descriptions shall be reviewed and updated every five years." This would be limited
to the City Officer job descriptions. Further, she would like language added that
department directors will "assure compliance and accountability with federal, state and
local laws and regulations."
Councilmember Bloom stated that under 2.01.050, she would like to remove "or his or
her designee." She explained there are certain matters such as legal determinations
that should only be deferred in certain matters.
Ms. Hite pointed out that there needs to be someone who can make decisions in the
absence of the director.
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Councilmember Peterson suggested dropping reference to 2.10.050 in this section of the
code.
Councilmember Bloom next pointed out that 2.10.050 refers to both finance director and
community services director, however the title of the section does not reflect this.
Further, Councilmember Bloom believes the positions of Executive Assistant to the
Council and the Mayor's Executive Assistant should not be part of this chapter as they
are not City Officers.
Committee members agreed to request the City Attorney to determine if these positions
should be in a different section of the code.
D. Discussion regarding Code of Ethics.
Committee members discussed ethics policies from Bainbridge Island, Lynnwood and
Kirkland.
Councilmember Bloom referred to the policy from Bainbridge Island and would like to
include the requirement for members to "disclose a conflict of interest" as a standing
requirement at all city meetings for all officials. Councilmember Peterson commented
that he believes the Council does a good job at this disclosure; however, having it on
each agenda is a good reminder.
Further discussion occurred related to policies, including the possible consideration of a
Code of Ethics Officer.
After discussion the committee agreed to forward to the next work session of the City
Council the Bellevue and Kirkland ethics policies and the Kirkland Code of Conduct for
discussion. The committee also recommended including the statement from Bainbridge
Island related to disclosure of conflict of interest for all officials. After full Council
discussion, direction can then be given to the City Attorney on how to proceed.
Ms. Hite indicated she would bring back information on a Code of Ethics Officer.
The meeting adjourned at 8:07 p.m.
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