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HomeMy WebLinkAbout2024.08.12 CCM STUDY SESSION8/12/24 -1- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION AUGUST 12, 2024 CITY HALL – COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor April Graves at 6:10 p.m. ROLL CALL Mayor April Graves and Councilmembers Marquita Butler, Kris Lawrence-Anderson, Dan Jerzak, and Teneshia Kragness. Also present were City Manager Reggie Edwards, Community Development Director Jesse Anderson, Director of Community Prevention, Health and Safety LaToya Turk, Assistant City Manager/City Clerk Barb Suciu, and City Attorney Siobhan Tolar. CITY COUNCIL MISCELLANEOUS DISCUSSION ITEMS Mayor Graves requested the order of items be reordered. There was no objection from Council. PUBLIC SAFETY RESOLUTION This item was addressed after City Council Miscellaneous Discussion Items B. Code of Conduct. CODE OF CONDUCT Mayor Graves stated she would like the item to be on the next meeting agenda for approval. Councilmember Lawrence-Anderson stated she doesn’t know why the document is needed as there is already a policy in place. A similar measure was implemented in a neighboring city, and they have had several issues as a result. Mayor Graves pointed out that the Commission and Committee Code of Conduct was already discussed. It is unfair to hold City volunteers to a higher standard than the Council. She has already had to deal with misconduct, and there aren’t any possible repercussions. The goal is for the Code of Conduct to be a deterrent. Councilmembers and Staff should not be badmouthing one another or lying. There will not be any retroactive application. Councilmember Butler asked Councilmember Lawrence-Anderson which policy is already in place that addresses the same concerns. Councilmember Lawrence-Anderson stated there is 8/12/24 -2- already a policy in place that addresses the conduct of the Council. Mayor Graves stated the document shows the edits made to the previous version. Councilmember Lawrence-Anderson noted she would like to review some of the procedures. She read a procedure on the last page that says a member of the Council may report misconduct of another Councilmember to the Mayor, City Manager, or City Attorney. There should be no oversight of the Council by the City Manager per the City Charter. Councilmember Jerzak agreed with Councilmember Lawrence-Anderson’s point. Councilmember Jerzak added accountability is important. However, he fears the document and procedures be weaponized. The document gives the power to primarily the Mayor and the City Manager. The Council is elected by the people. The document needs a lot of work and additional discussion. Mayor Graves stated it is the third time the item has been on the agenda for Council to discuss. However, no one has brought any concerns to her until now. Councilmember Jerzak stated the bylaws of the Commissions spell out conduct requirements. Ultimately, the new Council should pick up the item. The way the document is written and the potential for weaponization is frightening. Mayor Graves asked who is going to weaponize the document. Councilmember Jerzak stated any number of individuals could weaponize the procedures. Mayor Graves stated any unfounded reports won’t go anywhere. The first step is only a conversation. It would require multiple incidents for there to be any censures. A neighboring city has implemented censures with little impact. In the end, anyone acting with integrity shouldn’t fear this accountability measure. Councilmember Kragness explained she supports accountability. However, Brooklyn Center shouldn’t be making their decisions based on how other cities are conducting business. Mayor Graves stated she started the conversation because she was receiving complaints, and she didn’t have an avenue to address them. The example of the policy is from Brooklyn Park because she wanted a starting point. Councilmember Kragness asked how complaints have been handled in the past. Mayor Graves stated there are more complaints and more of a need for accountability measures because of the political climate. The accountability measure has been if someone will be re-elected or not. However, the Council should not support a culture of disrespect in the interim. Councilmember Jerzak requested more time to consider the item. Mayor Graves asked how much time he needed. Councilmember Jerzak stated he doesn’t have a timeline in mind. He has seen a similar lack of accountability process in his work on the Charter Commission. It makes sense for Mayor Graves to be seeking out a process as she is in a leadership position. However, the topic is 8/12/24 -3- still too raw. As of right now, he cannot get on board. Mayor Graves asked why he cannot get on board. Councilmember Jerzak stated he would prefer not to answer the question in respect of Councilmembers and Staff. Councilmember Butler noted there is no reason the Council shouldn’t hold themselves to a higher standard. Councilmember Lawrence-Anderson stated the Council has acted professionally, so she doesn’t see a need for the document. If it were to be implemented, she insisted any references to reporting to the City Manager be removed in compliance with the Charter. Assistant City Manager/City Clerk Barb Suciu pointed out there is a current policy that includes a Code of Decorum for Councilmembers and a section on accountability measures. Councilmember Lawrence-Anderson asked Ms. Suciu to email the Code of Decorum to the Council for review. Mayor Graves noted it was her understanding that several months ago the policy was discussed for the very first time. Councilmember Lawrence-Anderson stated Brooklyn Park’s policy was brought up for discussion previously. Mayor Graves explained her goal is to fill in any gaps in the policy rather than repeat a policy. Councilmember Lawrence-Anderson stated the proposed document has never been compared to existing policies. Mayor Graves stated she believed the City Attorney already completed the comparison. City Manager Reggie Edwards read the accountability portion of the existing policy. The policy addresses issues that occur in Chambers, but it doesn’t address any other issues that may arise. Mayor Graves requested the existing policy and the proposed policy be returned to the Council for further discussion. Councilmember Lawrence-Anderson stated there is already a policy in place. Mayor Graves stated the existing policy is not sufficient, noting people continue to make complaints and bring lawsuits against the City. Councilmember Lawrence-Anderson stated she is not privy to such information. PUBLIC SAFETY RESOLUTION Councilmember Kragness stated she only wanted the language updated and refined. Otherwise, she doesn’t have concerns about the content of the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act. Councilmember Jerzak noted the input for Section Four was not included in the provided copy of 8/12/24 -4- the draft. He doesn’t want to repeat work. He requested the word “new” be removed from the creation of the Department section as it has already been established. Additionally, he suggested words be added to reflect the collaboration with the Police and Fire Departments. Additionally, he suggested the word “all” be removed as they are all responsible for the implementation. The intent of the document is to get everyone on board with the effort. Councilmember Jerzak requested the term “Director” be replaced with a broader term so that other positions may take on the responsibilities of the Act. He added he doesn’t see a reason for the Resolution to call for resources to a specific Department. The City is one entity and multiple Departments should be competing for and receive resources based on their efforts. It isn’t the role of the Council to micro-manage the Staff’s responsibilities. However, he doesn’t want to see duplication of similar efforts. There are already two alternative response programs along with intervenors and other efforts. There isn’t any clarity on non-moving traffic enforcement efforts. They don’t even have a definition of non-moving traffic violations. Mayor Graves agreed there should be language addressing the collaboration between Departments. Any references to non-existing departments should be removed. There is an Office of Community Health, Prevention, and Safety that should be included. The term “Director” should not be removed. Councilmember Jerzak stated he doesn’t want the term “Director” to be removed entirely but to allow other positions to take on the responsibilities. Then Dr. Edwards can assign responsibilities to employees that are not at the Director level. Mayor Graves stated Dr. Edwards already has that ability. Mayor Graves stated resolutions are a value statement of the Council, Staff, or community. They are not marching orders that dictate budgets or Staff responsibilities. Councilmember Kragness stated the items do impact the budget as they must be paid for. Mayor Graves stated it only drives the budget to an extent. She suggested the specific Department allocations be removed because it allows more Departments to utilize funds in promotion of the spirit of the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act. The Resolution doesn’t preclude the Council from choosing how to allot money nor have any legal implications related to the budgeting. Councilmember Kragness agreed that is the same reason the language needs to be cleaned up to reflect what is actually established in the City. For example, the Act calls for a new Department while the City has created an Office instead. Mayor Graves stated she has had the same concerns since its inception. She has no intention to eliminate the Office of Community Health, Prevention, and Safety. Some items of the Act may appear divisive, and she hopes to emphasize collaboration. Mayor Graves stated Staff would compile the input of the Council and draft an updated version of 8/12/24 -5- Section Four. Councilmember Jerzak reiterated the importance of changing the language to promote collaboration amongst Departments. Some time has passed, and the Council has the opportunity to improve the Act. Mayor Graves read Section Five of the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act regarding the permanent Community Safety and Violence Prevention Commission. Councilmember Kragness noted the Commission should be treated as an advisory body. The language should be similar to the descriptions and guiding documents as other advisory bodies. The language in the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act refers to “recommend” which gives a false sense of authority to the Community Safety and Violence Prevention Commission. Councilmember Jerzak stated the City Clerk should provide a list of candidates for the Community Safety and Violence Prevention Commission rather than a Director as that would be the proper procedure. There should be uniformity across City entities and documents. Per the Charter, commissions and committees are established by the City Council through a specific resolution that defines the scope of the commission, member selection process, and the like. The same process should be applied to the Community Safety and Violence Prevention Commission. Some commissions have become divisive, but that is not the desire of the Council. Establishing the responsibilities and other details of a commission should be done prior to any creation. Councilmember Jerzak stated he doesn’t have interest in reviewing Chapter 19 because there are Staff experts to handle the review. Any changes should be initiated by the experts. Others may have good intentions with edits, but they do not have the expertise. Ultimately, Chapter 19 doesn’t need to be addressed in the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act. Councilmember Jerzak added State Statute 626.89 regarding discipline for a peace officer states a Police Chief is the only person with authority to discipline a peace officer. Any commissions formed would not have the authority to conduct officer discipline. The existing standard needs to be acknowledged to set expectations for any advisory bodies. Mayor Graves asked how the committee mentioned in Section Five is different than the Multicultural Advisory Committee (MAC) is. Councilmember Jerzak explained the responsibilities of the MAC are unclear to him. On a similar note, the City cannot get quorum for the existing commissions. Therefore, it is troublesome to consider creating yet another committee. Mayor Graves asked which commissions are not meeting quorum. Staff is supposed to be 8/12/24 -6- informing her of any attendance issues so she or the other Councilmember counterpart can address the commissioners. Councilmember Lawrence-Anderson stated the Housing Commission isn’t meeting quorum. Mayor Graves asked who the Staff liaison is for the Housing Commission. Dr. Edwards stated Krystin Eldridge is the Staff liaison. Mayor Graves stated she needs to know when commissions aren’t meeting quorum so she can have commissioners removed and appoint new commissioners. Ms. Suciu pointed out there is a process that must be followed to remove a commissioner. A commissioner has to first miss three meetings before the removal process can take place. Mayor Graves asked if the three missed meeting standard has been met for the Housing Commission. Ms. Suciu stated she would speak with Ms. Eldridge to determine if a removal is necessary. Dr. Edwards stated the MAC acts as an advisory body to the Police Department while the commission referenced in Section Five of the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act would be an advisory body to the Council. Mayor Graves stated she will learn more about Chapter 19 of the City Code before providing input on that portion. Mayor Graves noted she has consistently had ideas on who should serve on the potential commission. Director of Community Prevention, Health and Safety LaToya Turk previously presented to the Council on the proposed advisory body. The Council wasn’t in favor of the body at that time because the Implementation Commission was currently advising the Council. Defining the Community Safety and Violence Prevention Commission doesn’t need to be in the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act, though some language could be cleared up. Mayor Graves requested Ms. Turk send a copy of her presentation to the Council on the Community Safety and Violence Prevention Commission for additional review. Councilmember Kragness stated the language needs to be cleaned up throughout Section Five of the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act. For example, the Community Safety and Violence Prevention Commission should provide input to law enforcement regarding protests rather than “recent” protests. Additionally, there should be clear expectations for the Commission as to their responsibilities and power, referring to the statement that charges the Community Safety and Violence Prevention Commission to review the collective bargaining agreement. Councilmember Lawrence-Anderson agreed reviewing a collective bargaining agreement is the responsibility of the City Manager and Human Resources. Councilmember Lawrence-Anderson requested the term Commission or Committee be used 8/12/24 -7- consistently. She asked how many people are expected to serve on the Community Safety and Violence Prevention Commission. There needs to be a well-rounded group of individuals to include folks with knowledge of finance, law enforcement, and the like. Mayor Graves noted her agreement with Councilmember Lawrence-Anderson. Therefore, she would like the Council to review the presentation from Ms. Turk as she referenced the makeup of the Commission. There needs to be representation from various experiences and sectors. Mayor Graves stated the Commission might not have the expertise to handle the details of the collective bargaining agreement. However, the range of backgrounds may have unique insight on the collective bargaining agreement. More eyes on the document cannot hurt. Councilmember Lawrence-Anderson stated more eyes can be helpful, but the expectations of the Commission must be made clear. Councilmember Jerzak pointed out that the Commission reviewing the collective bargaining agreement adds more to Dr. Edwards’ plate. The Union might see the additional review as unnecessary and become adversarial. The members of the Commission may not have a full understanding of contracts, salaries, bargaining, and the like. The Council should trust Staff to handle the contracts. They consider competition with other departments along with basic contract standards. Ultimately, there isn’t a benefit to the Community Safety and Violence Prevention Commission reviewing the agreement. Mayor Graves noted the Community Safety and Violence Prevention Commission wouldn’t be at the table for negotiations. The Commission would merely provide input to the Council. She suggested the Council learn more about the bargaining process before making a final decision. For example, the POST Board may have certain requirements and processes the Council is unaware of. Dr. Edwards offered to bring forward Staff input on the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act for future discussions. As for the review of the collective bargaining agreement, it is not practical for more people to be at the negotiating table. Alternatively, there could be a process for the Community Safety and Violence Prevention Commission to review previous agreements and provide input prior to the next round of negotiations begin. Councilmember Lawrence-Anderson requested the Police Chief and Ms. Turk compile their final input for Section Five. Mayor Graves stated their perspective has already been presented to the Council. The Council has requested an opportunity to discuss the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act without Staff input, so they shouldn’t be seeking out additional Staff input until the Council’s discussions are complete. Councilmember Jerzak reiterated the importance of abiding by the Charter and consistency. Mayor 8/12/24 -8- Graves agreed with Councilmember Jerzak. CITY MANAGER MISCELLANEOUS DISCUSSION ITEMS Dr. Edwards noted a Councilmember previously inquired about the contract with the Sun Post. He requested City Attorney Siobhan Tolar to share her research on the topic. Ms. Tolar pointed out there is no contract between the City and the newspaper. There is merely a subscription service. Pursuant to the law, the Sun Post is allowed to instate subscription fees. Mayor Graves stated she would like to know what other newspapers offer cities. She suggested Insight News be researched. Councilmember Lawrence-Anderson added there is an article in the recent edition of the League of Minnesota Cities about how cities are handling the closing of local newspapers. It is the role of the City Clerk to ensure Statutory notification requirements are being met. Councilmember Jerzak asked if the presentation on American Rescue Plan Act (ARPA) funds has been pushed back. Dr. Edwards stated the ARPA funds will be addressed at the first meeting in September. ADJOURNMENT Mayor Graves moved and Councilmember Jerzak seconded to close the Study Session at 7:07 p.m. Motion passed unanimously.