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HomeMy WebLinkAbout2025.01.13 CCP STUDYCOUNCIL STUDY SESSION MEETING City Hall Council Chambers January 13, 2025 AGENDA 1. Call to Order - 6:00 p.m. 2. Council Miscellaneous Discussion Items a. Discussion of Resolution 2024-138 - Community Safety Commission b. Discussion of Resolution 2024-128 - Code of Conduct 3. City Manager Miscellaneous Discussion Items a. Council Agenda Packet Delivery Date Discussion 4. Adjournment Page 1 of 26 Council Regular Meeting DATE: 1/13/2025 TO: Council Study Session FROM: THROUGH: BY: Barb Suciu, City Clerk SUBJECT: Discussion of Resolution 2024-138 - Community Safety Commission Requested Council Action: Background: A request was submitted to have this added to the Study Session agenda for further discussion. Budget Issues: Inclusive Community Engagement: Antiracist/Equity Policy Effect: Strategic Priorities and Values: ATTACHMENTS: 1. 2024-138 CVSC Commission Page 2 of 26 Member Butler introduced the following resolution and moved its adoption: RESOLUTION NO. 2024-138 RESOLUTION ESTABLISHING THE BROOKLYN CENTER COMMUNITY SAFETY AND VIOLENCE PREVENTION COMMISSION AND DEFINING DUTIES AND RESPONSIBILITIES WHEREAS, on May 15, 2021, the City Council for the City of Brooklyn Center (“City”) passed Resolution No. 2021-73, adopting the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act (the “Act”); and WHEREAS, the Act required the City to create a permanent Community Safety and Violence Prevention Committee, which was to be tasked with reviewing and making recommendations regarding the policing response to the protests that occurred in the City in April 2021, reviewing the current collective bargaining agreement between the City and the Police Department, making recommendations prior to the renegotiation of the agreement and before its final approval, recommending the City Council create a separate and permanent civilian oversight committee for the new Department of Community Safety and Violence Prevention, reviewing Chapter 19 of the City Code, making recommendations with regard to repealing or amending provisions or penalties therein, including fines and fees, and periodically making any other recommendations to the City Council related to initiating programs or policies to improve community health in the City; and WHEREAS, the Community Safety and Violence Prevention Committee was to include a majority of members that are City residents with direct experience being arrested, detained, or having other similar contact with the Brooklyn Center Police Department or had direct contact with one or more of the other services to be provided by the new Department of Community Safety and Violence Prevention; and WHEREAS, the Community Safety and Violence Prevention Committee was to be chaired by the Mayor, with list of potential members created by the Director of the Department of Community Safety and Violence Prevention and members from that list recommended by the Mayor and confirmed by the City Council; and WHEREAS, the City Council is authorized by Section 2.02 of the City Charter to create boards, commissions, and committees to assign to them specific duties; and WHEREAS, the City remains committed to creating a safer, healthier, more just, and more thriving community by promoting a diversity of responses to our community's safety needs that do not rely solely on our armed law enforcement officers; and WHEREAS, the City remains committed to putting in the work necessary to bring about changes as quickly as possible in how the City provides public safety while recognizing that some of these measures will take longer to implement than others and that additional work remains to be done to create a healthier and more equitable community; and Page 3 of 26 WHEREAS, due to the permancey of the Community Safety and Violence Prevention Committee referenced in the Act and the importance of the work they will be tasked to perform, the City Council desires to establish the body as a permanent advisory commission for the City of Brooklyn Center, as opposed to a committee, to be identified as the Community Safety and Violence Prevention Commission (“Commission”). The Act shall be amended to reflect the establishment of a commission as opposed to a committee; and WHEREAS, the City Council desires to expand upon the Act and to expand and clarify the duties, responsibilities and structure of the Commission. The Act shall be amended to reflect the duties, responsibilities and structure of the Commission as set forth in this Resolution; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. Establishment. The advisory Community Safety and Violence Prevention Commission (“Commission”) is hereby established for the City of Brooklyn Center. 2. Scope. In accordance with the Act and the findings set forth above, the scope of activity of the Commission shall consist of advising the City Council and other City advisory commissions and committees regarding matters relevant to Community Safety and Violence Prevention functions. 3. Purpose. The general purpose of the Commission is to act in an advisory capacity to the City Council on issues related to Community Safety and Violence Prevention. 4. Duties and Responsibilities. In accordance with the Act and the findings set forth above, and in fulfilllment of its purpose, the Commission’s duties and responsibilities of the Commission include, but are not limited to, the following: a. Develop, advise, recommend, and upon adoption by the City Council, monitor the execution of a comprehensive plan and recommend amendments to the plan as warranted relevant to community safety and violence prevention matters in the City, including the Act; b. Advise and assist the City in the adoption of policies and procedures by the City Council responsive to changing diverse community needs and concerns in matters of community safety and violence prevention; c. Annually report to the City Council regarding accomplishments toward fulfillment of such comprehensive plan and recommend amendments to the plan as warranted; d. Advise and assist the City in reviewing and discussing community safety and violence prevention policies for the City, and make recommendations to the City Council concerning community safety and violence prevention in the City; Page 4 of 26 e. Work with City staff and other Commissions on matters regarding community safety and violence prevention in the City; f. Review current community safety and violence prevention initiatives, practices, and policies; g. Work with neighborhood committees to understand the community safety and violence prevention needs of each area in the City; h. Identify high-priority areas for community safety and violence prevention in the community and analyze methods of fulfilling these needs and interests and presenting alternative recommendations for actions to the City Council; i. Provide opportunities for the citizens of Brooklyn Center to voice their concerns and opinions regarding community safety and violence prevention matters; j. Recommend new and innovative concepts in community safety and violence prevention for the City; k. Advise, review and make recommendations for the City’s response to protests; l. Review the current collective bargaining agreement between the City make recommendations prior to final approval to the City Manager; m. Periodically make any other recommendations to the City Council related to initiating programs or policies to improve community health in the City. 5. Composition. The Commission shall be composed of a Chairperson and six (6) voting members and four non-voting advisors, all of whom shall be appointed and serve as set forth below. All voting members of the Commission shall be residents with direct experience or contact with the public safety, judicial or public health systems. Or have had direct contact or expertise with one or more of the public safety, judicial or public health systems. All non-voting advisors shall be appointed and serve as set forth below. All non- voting advisors shall have direct experience or contact with the public safety, judicial or public health systems or have had direct contact or expertise with one or more of the public safety, judicial or public health systems 6. Method of Selection. The Office of Community Prevention, Health and Safety will provide the Mayor with a list of commission candidates to serve on the Commission after review with Brooklyn Center Police Department, Brooklyn Center Fire Department and Brooklyn Center Parks and Recreation Department. The Mayor will recommend candidates to the City Council for appointment. The City Council shall appoint members to the Commission by resolution. Page 5 of 26 7. Initial Appointment. The Commission under this resolution shall become effective March 30th, 2025, or soon thereafter, and shall consist of three members appointed for a term through 2027, three members appointed for a term through 2026, and one member appointed for a term through 2025. 8. Term of Office. The terms of office for Commission members shall be staggered two-year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which their predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of their term of office, a member shall continue to serve until their successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commission member suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules, and regulations of the Commission, the Commission member may be temporarily replaced during the temporary leave by an interim Commission member recommended by the Mayor and appointed by the City Council. 9. Resignations-Removal from Office-Vacancies. Commission members may resign voluntarily or may be removed from office by the Mayor with consent of the City Council. Three consecutive unexcused absences from the duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. The City Council liaison shall inform the Mayor and City Council of such automatic resignations. Vacancies in the Commission shall be filled by appointment of the City Council. The procedure for filling Commission vacancies is as follows: a. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; b. Vacancies shall be announced in the City's official newspaper; c. Notices of vacancies shall be sent to all members of standing advisory commissions; d. The City Clerk shall forward copies of the applications to the Public Safety Departments (Office of Community Prevention, Health and Safety, Brooklyn Center Police Department, Brooklyn Center Parks and Recreatioon Department and Brooklyn Center Fire Department) and the Mayor; e. The Mayor shall identify and include the nominee's name in the City Council agenda materials for the City Council meeting at which the nominee is presented; Page 6 of 26 f. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. 10. Chairperson. The Commission’s Chairperson shall be elected by a majority vote of the Commission membership. The election shall be conducted at the Commission’s first meeting and at the first regular meeting of each calendar year, or, in the case of a vacancy, within two regularly scheduled meetings from the time a vacancy of the Chairperson occurs. The Chairperson may be removed by a majority vote of the Commisison membership. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: a. Preside over meetings of the Commission; b. Appear, or appoint a representative to appear, as necessary, before City advisory commissions and the City Council to present the viewpoint of the Commission in matters pertaining to community safety and violence prevention as it relates to business under consideration by said commissions or City Council; c. Review all official minutes of the City Council and other advisory commissions to inform the Commission of matters relevant to community safety and violence prevention; d. Serve as a liaison with other governmental and voluntary organizations on matters relevant to community safety and violence prevention. 11. Vice Chairperson. A Vice Chairperson shall be appointed annually by the Chairperson from the members of the Commission. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the Chairperson in their absence. 12. Representation Requirements. Due regard shall be given by the Mayor and City Council in appointing Commission members which will take into consideration geographical distribution within the City, as described in paragraph 20 below, and the representative nature of the Commission in terms of gender, religion, ethnic, racial, age, handicapped, employee, and employer groups. 13. Conflict of Interest. No Commission member shall take part in the consideration of any matter wherein their interest might reasonably be expected to affect their impartiality. 14. Compensation. Commissioner members shall serve without compensation. 15. Bylaws, Rules and Procedures. The Commission shall adopt such bylaws, rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. Bylaws adopted by the Commission shall become effective upon approval and consent of the City Council. Page 7 of 26 16. Meetings. The initial meeting of the Commission shall be convened by March 30th, 2025. Thereafter, regular meetings shall be held with the date and time to be determined by the Commission. Special meetings may be called by the Chairperson. 17. Staff Liaison. The City Manager shall assign one member of the staff to serve as staff liaison to the Commission. The staff member liaison assigned shall perform administrative duties on behalf of the commission. In addition to the Staff Liaison, City staff from all public safety departments will attend commission meetings including the Office of Community Prevention Health and Safety, Brooklyn Center Police Department, Brooklyn Center Parks and Recreation Department and Brooklyn Center Fire Department with the Office of Community Prevention, Health and Safety serving as the liaison for the commission. 18. Ex Officio Members. The Mayor, or the member of the City Council appointed by the Mayor, shall serve as an ex officio member of the Commission, privileged to speak on any matter but without a vote, and shall provide a liaison between the Commission and the City Council. 19. Neighborhoods: a. Neighborhood Advisory Committees: Commission members shall be assigned by the Chairperson as liaisons to neighborhood advisory committees of the Commission. It will then be the responsibility of each neighborhood advisory committee of the Commission to review safety and violence prevention matters and present the neighborhood opinions and concerns on general and specific safety and violence prevention programs directly affecting that neighborhood. b. Neighborhoods Described (See also Exhibit A attached hereto and incorporated herein by reference). i. Southeast Neighborhood: The Southeast neighborhood shall be bordered on the south by the south city limits; on the east by the Mississippi River; on the north by FAI-94; and on the west by Shingle Creek. ii. Northeast Neighborhood: The Northeast neighborhood shall be bordered on the south by FAI-94; on the east by the Mississippi River; on the north by the north city limits; and on the west by Shingle Creek. iii. Northwest Neighborhood: The Northwest neighborhood shall be bordered on the south by FAI-94; on the east by Shingle Creek; on the north by the north city limits; and on the west by the west city limits. iv. West Central Neighborhood: The West Central neighborhood shall be bordered on the south by County Road 10; on the east by Brooklyn Boulevard; on the north by FAI-94; and on the west by the west city limits. Page 8 of 26 v. Central Neighborhood: The Central neighborhood shall be bordered on the south by County Road 10; on the east by Shingle Creek; on the north by FAI-94; and on the west by Brooklyn Boulevard. vi. Southwest Neighborhood: The Southwest neighborhood shall be bordered on the south by the south city limits; on the east by Shingle Creek; on the north by County Road 10; and on the west by the west city limits. 20. The Act is hereby amended as referenced in this Resolution. December 9, 2024 Date Mayor ATTEST: Assistant City Manager/City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Graves and upon vote being taken thereon, the following voted in favor thereof: Butler, Graves, Kragness and the following voted against the same: Jerzak, Lawrence-Anderson whereupon said resolution was declared duly passed and adopted. Page 9 of 26 EXHIBIT A Map of Neighborhoods Page 10 of 26 Council Regular Meeting DATE: 1/13/2025 TO: Council Study Session FROM: THROUGH: BY: Barb Suciu, City Clerk SUBJECT: Discussion of Resolution 2024-128 - Code of Conduct Requested Council Action: Background: A request was submitted to have this added to the Study Session agenda for further discussion. Budget Issues: Inclusive Community Engagement: Antiracist/Equity Policy Effect: Strategic Priorities and Values: ATTACHMENTS: 1. 2024-128 Resolution_Adopting_Council_Code_of_Conduct__Ethics (2) 2. DOCSOPEN-#982190-v5-Council_Code_of_Conduct_and_Ethics Page 11 of 26 BR291-4-993235.v1 Member Butler introduced the following resolution and moved its adoption: RESOLUTION NO. 2024-128 RESOLUTION ADOPTING A CITY COUNCIL CODE OF CONDUCT AND ETHICS WHEREAS, the City Council discussed at its study sessions throughout 2024 the issue of adopting a City Council Code of Conduct and Ethics to better address Council interactions and behavior between Council Members, the Public, and the Media; and WHEREAS, the City Council previously adopted the City Council Code of Policies (“Code of Policies”) to address various items related to how the City Council conducts its business; and WHEREAS, the Code of Conduct and Ethics will be incorporated into the City Council Code of Policies as Section II and will include in-depth guidance for the City Council regarding behavior in and outside of Council Meetings, Ethics, and provides accountability measures for Council Members; and WHEREAS, the City Council determines it is in the City’s best interests to amend the Code of Policies to include the City Council Code of Conduct and Ethics to provide additional context and guidance on how the City Council can best exemplify the values of the City and model respectful interactions in the face of disagreement and discord; and WHEREAS, the Council Code of Conduct will serve as a positive tool to maintain camaraderie, collaboration, and to assist the City Council in executing the business of the City; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center as follows: 1.The City Council Code of Conduct and Ethics is hereby adopted in its substantial form, subject to future amendments as directed by Council. 2.The Code of Policies is hereby amended by adding the City Council Code of Conduct, attached as Exhibit A, which is incorporated in and made part of this Resolution. 3.The City Manager (or designee) is authorized and directed to insert the new Section II into the Code of Policies, including updating the table of contents, and said updated document shall constitute the official Code of Policies. December 9, 2024 Date Mayor Page 12 of 26 ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Graves and upon vote being taken thereon, the following voted in favor thereof: Butler, Graves, Kragness and the following voted against the same: Jerzak, Lawrence-Anderson whereupon said resolution was declared duly passed and adopted. Page 13 of 26 EXHIBIT A Page 14 of 26 1 BR291-4-982190.v5 TABLE OF CONTENTS SECTION II: CITY COUNCIL CODE OF CONDUCT AND ETHICS A. Council Conduct with One Another 1. In Public Mee�ngs 2. In Private Encounters B. Council Conduct with City Staff C. Council Conduct with the Public 1. In Public Mee�ngs 2. In Unofficial Se�ngs D. Council Conduct with the Media E. Council Conduct with Other Public Agencies F. Council Conduct with Boards and Commissions G. Accountability Measures 1. Types of Accountability Measures (a) Admoni�on (b) Reprimand (c) Censure 2. Conduct 3. Conduct Viola�ons During a Council Mee�ng 4. Repor�ng a Poten�al Viola�on 5. Alterna�ve Repor�ng 6. Inves�ga�on Procedure (a) Triage (b) Fact Finding (c) Possible Outcomes (d) No�ce and Hearing H. Ethics 1. Open Mee�ng Law 2. Gi� Law (Exis�ng in 2.95 (1)) 3. Conflict of Interest (Exis�ng in 2.95 (2)) Page 15 of 26 2 SECTION II. CITY COUNCIL CODE OF CONDUCT AND ETHICS A. Council Conduct with One Another Councils are composed of individuals with a wide variety of backgrounds, personali�es, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even as Council may "agree to disagree" on conten�ous issues. 1. In Public Mee�ngs (a) Council Member Interac�on. Council Members should seek to prac�ce civility, professionalism and decorum in discussions and debate. Difficult ques�ons, tough challenges to a par�cular point of view, and cri�cism of ideas and informa�on are legi�mate elements of a free democracy in ac�on. Council Members can promote camaraderie and collabora�on by refraining from making belligerent, personal, imper�nent, slanderous, threatening, abusive, or disparaging comments. Shou�ng or physical ac�ons that could be construed as threatening will not be tolerated. Council Members should make every effort to conduct themselves in a professional manner at all �mes, including listening ac�vely during Council mee�ngs. (b) Deference to Order. Council Members should honor the role of the Mayor, Mayor Pro Tem, or Ac�ng Mayor Pro Tem in maintaining order by deferring to their direc�on and guidance. It is the responsibility of the Mayor, Mayor Pro Tem, or Ac�ng Mayor Pro Tem to keep the comments of Council Members on track during public mee�ngs. Council Members should honor efforts by the Mayor, Mayor Pro Tem, or Ac�ng Mayor Pro Tem to focus discussion on current agenda items. If there is disagreement about the agenda or the Mayor, Mayor Pro Tem, or Ac�ng Mayor Pro Tem’s ac�ons, those objec�ons should be voiced politely and with reason, following procedures outlined in parliamentary procedure. (c) Se�ng a Posi�ve Example. One prominent goal of every council mee�ng should be to demonstrate a posi�ve example of decorum and respect for cons�tuents. To accomplish that goal, Council Members should avoid comments that personally atack other Council Members. If a Council Member is personally atacked by the comments of another Council Member, the offended Council Member should make notes of the actual words used and may call for a "point of order" to challenge the other Council Member to jus�fy or apologize for the language used. The Mayor, Mayor Pro Tem, or Ac�ng Mayor Pro Tem will maintain control of this discussion. (d) Collabora�ve Problem Solving. Another goal of the council mee�ng should be to demonstrate effec�ve problem-solving approaches. Council Members have a responsibility to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. (e) Timeliness. To ensure smooth and �mely execu�on of each council mee�ng, Council Members should make best efforts to be punctual and keep comments rela�ve to topics discussed. Every Council Member has made a commitment to atend mee�ngs and par�cipate in discussions. Therefore, it is important Page 16 of 26 3 that Council Members be punctual and that mee�ngs start on �me. It is equally important that discussions on issues be rela�ve to the topic at hand to allow adequate �me to fully discuss scheduled issues. (f) Endorsement of Candidates. Council Members have the right to endorse candidates for all Council seats or other elected offices. It is inappropriate to men�on endorsements during Council mee�ngs or other official City mee�ngs or func�ons. (g) Council Decisions. Once a majority decision of the governing body has been made, Council Members should endeavor to “speak with one voice,” respect the official posi�on of the Council, and defend it if needed. 2. In Private Encounters (a) Respec�ul Workplace Values. Council Members should con�nue to model respec�ul behavior in private. The same level of respect and considera�on of differing points of view that is deemed appropriate for public discussions should be maintained in private conversa�ons. (b) Data Prac�ces. Council Members should remember at all �mes that writen notes, voicemail messages, social media and email may be public informa�on. Technology allows words writen or said without much forethought to be distributed wide and far. Consider how you, your family and/or friends would feel if this voicemail message was played on a speaker phone in a full office? Or broadcast on the nightly news. What could the consequences be if this email message was forwarded to others? Writen notes, social media pos�ngs, voicemail messages and email should be treated as poten�ally “public” communica�on. (c) Public-Private Considera�ons. Even private conversa�ons can have a public presence. Elected officials are always on display – their ac�ons, mannerisms, and language are monitored by people around them that they may not know. Lunch table conversa�ons will be eavesdropped upon, parking lot debates will be watched, and casual comments between individuals before and a�er public mee�ngs noted. (d) Personal Comments. Council Members should refrain from making personal comments about other Council Members. It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about other Council Members, their opinions and ac�ons. B. Council Conduct with City Staff The rela�onship between Council Members and administra�ve personnel is dependent on the par�cular form of government. Governance of the City is a coopera�ve effort, including elected officials, who set policy, and City staff, who implement and administer the Council’s policies. Therefore, every effort should be made to be coopera�ve and show mutual respect for the contribu�ons made by each individual for the good of the community. Council Members should be careful to restrict that rela�onship to the defined channels. Unofficial Council interference in administra�ve affairs can disrupt business, weaken employee morale, and create antagonis�c rela�onships between administrators and Council Members. Page 17 of 26 4 Council Members should not atempt to exert any influence over the hiring and firing of administra�ve personnel, except for those people whose appointment they are responsible, namely the City Manager, City Atorney, and City Prosecutor. Federal, State, and local laws have made personnel administra�on a very complex affair, with mishandlings cos�ng public employers hundreds of thousands of dollars in li�ga�on, claims, and damages. The City of Brooklyn Center has a very strong commitment to providing its employees with a fair, accountable, and uniform system of personnel administra�on including procedures to address employee grievances. 1. Respec�ul Workplace Values. Council Members should treat all staff as professionals. Council Members should engage in clear, honest communica�on that respects the abili�es, experience, exper�se, and dignity of each individual. Bera�ng, personal, imper�nent, slanderous, threatening, abusive, or disparaging comments toward staff are not acceptable and are automa�c grounds for a code of conduct viola�on. 2. Limited City Staff Contact. Pursuant to Brooklyn Center Charter Sec�on 6.02, Council Members should limit contact with City staff. Ques�ons of City staff and/or requests for addi�onal background informa�on should be directed to the City Manager or City Atorney. The City Manager should be copied on or informed of any request. Except in extraordinary circumstances, Council Members should avoid disrup�ng City staff while they are in mee�ngs, on the phone, or engrossed in performing their job func�ons. 3. Council Direc�on to staff. In accordance with Charter Sec�on 2.09, individual Council Members cannot give direc�on to City staff either publicly or privately. The Council as a body may provide staff direc�on on maters that come before the Council. 4. Follow-up Requests or Direc�ves. Requests for follow-up or direc�ons to staff should be made only through the City Manager or the City Atorney when appropriate. When in doubt about what staff contact is appropriate, Council Members should consult with the City Manager. Addi�onally, requests for addi�onal staff support – even in high priority or emergency situa�ons – should be made to the City Manager who will work to allocate city resources. Materials supplied to a Council Member in response to a request for informa�on of interest to all Council Members will be made available to the en�re Council so that all have equal access to the informa�on. Limit requests for staff support. (see Brooklyn Center City Chater Sec�on 2.09). 5. Staff Cri�cism. Council Members should not publicly cri�cize an individual employee. Council should not express concerns about the performance of a City employee in public, to the employee directly, or to the employee’s manager. Comments about staff performance should only be made to the City Manager through private correspondence or conversa�on. 6. City Administra�ve Func�ons. Pursuant to Sec�on 6.02 of the City Charter, the administra�ve func�ons of the City are the responsibility of the City Manager. To avoid the appearance of bias or to avoid viola�ng the ethics code, Council Members should not atempt to influence City staff on the making of employment or personnel decisions, the awarding of contracts, the selec�ng of consultants, the processing of development applica�ons, or the gran�ng of City licenses and permits. Page 18 of 26 5 7. City Staff Mee�ngs. If City Council Members desire to atend a staff mee�ng, consult with the City Manager. Council Member atendance at mee�ngs could imply support, show par�ality, in�midate staff, and could impede staff’s ability to do their job objec�vely/effec�vely. 8. Poli�cal Solicita�on. Council Members should not solicit any type of poli�cal support (financial contribu�ons, display of posters or lawn signs, name on support list, etc.) from City staff. 9. Council, EDA and Commission agendas. Staff’s responsibility is to provide Council Members the informa�on needed for informed decision making. Every effort should be made to ask staff ques�ons regarding Council, EDA and commission agendas before the mee�ng. 10. Personal Comments. Council Members should refrain from speaking ill of other Council Members to staff. This puts staff in an uncomfortable and compromising posi�on because staff have the responsibility to treat all Council Members equally and with respect. 11. Poli�cal Gamesmanship. Council Members should avoid pu�ng colleagues in awkward or disadvantageous posi�ons in an effort to capitalize on another colleagues’ vulnerability or to embarrass them publicly for poli�cal gain. And Council Members should make every atempt to submit ques�ons or concerns prior to formal mee�ngs to surprising Council Members or staff at said mee�ngs. C. Council Conduct with the Public 1. In Public Mee�ngs (a) Create a Welcoming Environment. Making the public feel welcome is an important part of the democra�c process. No signs of par�ality, prejudice or disrespect should be evident on the part of individual Council Members toward an individual par�cipa�ng in a public forum. Every effort should be made to be fair and impar�al in listening to public tes�mony. (b) Speaking Time. Council as a body should be fair and equitable in alloca�ng public hearing �me to individual speakers. Pursuant to Council Procedure, the Mayor, Mayor Pro Tem, or Ac�ng Mayor Pro Tem will determine and announce limits on speakers at the start of the public hearing process and ensuring those with Brooklyn Center addresses have an opportunity to speak. Generally, each speaker will be allocated two minutes to speak. Applicants or their designated representa�ves may be allowed more �me. If many speakers are an�cipated, the Mayor, Mayor Pro Tem , or Ac�ng Mayor Pro Tem may shorten the �me limit and/or ask speakers to limit themselves to new informa�on and points of view not already covered by previous speakers. (c) Public Hearing Speakers. No speaker will be turned away unless the speaker exhibits inappropriate behavior. Each speaker may only speak once during the public hearing unless the Council requests addi�onal clarifica�on later in the process. A�er the close of the public hearing, no more public tes�mony will be accepted unless agreed upon by the Council. Page 19 of 26 6 (d) Avoid Public Debate. Council Members should avoid debate and argument with the public. Only the Mayor, Mayor Pro Tem, or Ac�ng Mayor Pro Tem – not individual Council Members – can interrupt a speaker during a presenta�on. However, a Council Member can ask the Mayor, Mayor Pro Tem, or Ac�ng Mayor Pro Tem for a point of order if the speaker is off the topic or exhibi�ng behavior or language the Council Member finds disturbing. Council Members may request that the Mayor, Mayor Pro Tem, or Ac�ng Mayor seek clarifica�on from the speaker. (e) Mayor to Focus Discussion. If speakers become flustered or defensive by Council ques�ons, it is the responsibility of the Mayor, Mayor Pro Tem, or Ac�ng Mayor Pro Tem to calm and focus the speaker and to maintain the order and decorum of the mee�ng. Ques�ons by Council Members to members of the public tes�fying should seek to clarify or expand informa�on. It is never appropriate to belligerently challenge or belitle the speaker. Council Members’ personal opinions or inclina�ons about upcoming votes should not be revealed un�l a�er the public hearing is closed. (f) Avoid Personal Atacks. Council Members should not personally atack, under any circumstance, a member of the Public. Council Members should be aware that their body language and tone of voice, as well as the words they use, can appear to be in�mida�ng or aggressive. (g) Parliamentary Procedure. Council Members should follow parliamentary procedure (outlined in the Council Procedure) in conduc�ng public mee�ngs. The City Atorney serves as advisory parliamentarian for the City and is available to answer ques�ons or interpret situa�ons according to parliamentary procedures. Final rulings on parliamentary procedure are made by the Mayor, Mayor Pro Tem, or Ac�ng Mayor Pro Tem subject to the appeal of the full Council. 2. In Unofficial Se�ngs (a) No Promises. Council Members should refrain from making promises on behalf of the Council. Council Members may be asked to explain a Council ac�on or to give their opinion about an issue as they meet and talk with cons�tuents in the community. It is appropriate to give a brief overview of City policy and to refer to City staff for further informa�on. It is inappropriate to overtly or implicitly promise Council ac�on, or to promise City staff will do something specific (fix a pothole, plow a specific street, plant new flowers in the median, etc.). (b) Personal Comments. Council Members should refrain from making personal comments about other Council Members to cons�tuents. It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about other Council Members, their opinions and ac�ons. (c) Public-Private Considera�ons. Council Members are constantly being observed by the community every day that they serve in office. Their behaviors and comments serve as models for proper conduct in the City of Brooklyn Center. Honesty and respect for the dignity of each individual should be reflected in every word, communica�on, (whether in social media or otherwise), and ac�on taken by Council Members, 24 hours a day, seven days a week. It is a serious and con�nuous responsibility. Page 20 of 26 7 D. Council Conduct with the Media Council Members may be contacted by the media for background and quotes. 1. Official Spokesperson. The Mayor is the official spokesperson for the representa�ve on City posi�on. The Mayor is the designated representa�ve of the Council to present and speak on the official City posi�on. If an individual Council Member is contacted by the media, the Council Member should be clear about whether their comments represent the official City posi�on or a personal viewpoint. 2. When Speaking to the Media. Council Members should choose words carefully and cau�ously. Comments taken out of context can cause problems. Be especially cau�ous about humor, sardonic asides, sarcasm, or word play. It is never appropriate to use personal slurs or swear words when talking with the media. 3. Best Advice. The best advice for dealing with the media is to never go "off the record." E. Council Conduct with Other Public Agencies Council Members should be as clear as possible when represen�ng City or personal interests. If a Council Member appears before another governmental agency or organiza�on to give a statement on an issue, the Council Member must clearly state: 1. If his or her statement reflects personal opinion or is the official stance of the City; 2. Whether this is the majority or minority opinion of the Council. Even if the Council Member represents his or her own personal opinions, remember that this s�ll may reflect upon the City as an organiza�on. If the Council Member is represen�ng the City, the Council Member must support and advocate the official City posi�on on an issue, not a personal viewpoint. F. Council Conduct with Boards and Commissions The City has established several Boards and Commissions as a means of gathering more community input. The Council appoints members to all commitees, boards, and commissions which serve in a purely advisory role to the Council. These commissions/commitees/boards are as follows: • Cultural and Public Arts Commission, • Financial Commission, • Housing Commission, • Park and Recrea�on Commission, • Sister Ci�es Commission, and • Planning Commission. The Council also appoints representa�ves to Visit Minneapolis Northwest Tourism, Watershed Commissions, and Northwest Suburbs Cable Communica�ons Commission. Page 21 of 26 8 The Charter Commission is a statutory commission appointed by the Chief Judge of the District Court. The terms of Commission members are staggered for two or three years with appointments ending on December 31 of each year. Residents who serve on Boards and Commissions are a valuable resource to the City’s leadership and should be treated with apprecia�on and respect. 1. Council Liaison. If atending a Board or Commission mee�ng in the role as liaison. “Liaison” means non- vo�ng member of a commission who shall speak on behalf of the Council (or staff) as a whole, not as an individual, thus providing a communica�on link between the commission and Council (or staff). 2. Limited Contact. Council Members should endeavor to limit contact with Board and Commission Members. It is inappropriate for a Council Member to contact a Board or Commission member to lobby on behalf of an individual, business, or developer. Council Members may contact members of the Commission and staff liaison in order to clarify a posi�on taken by the Board or Commission. 3. Commission Service. Council Members should keep in mind that Boards and Commissions serve the community, not individual Council Members. The City Council appoints individuals to serve on Boards and Commissions, and it is the responsibility of Boards and Commissions to follow the policy established by the Council. But Board and Commission members do not report to individual Council Members. Council Members should not threaten to remove Board and Commission members if the par�es disagree about an issue. 4. Respect Diverse Opinions. Council Members should be respec�ul of diverse opinions. The primary role of Boards and Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspec�ves. Council Members should be fair and respec�ul of all residents serving on Boards and Commissions. G. Accountability Measures 1. Types of Accountability Measures A poten�al ac�on for failing to comply with this code of conduct may include the following measures: (a) Admoni�on. An admoni�on shall be verbal and made by the Mayor to the Council Member. (b) Reprimand. A reprimand shall be administered to the Council Member by leter. The leter shall be approved by the City Council and shall be signed by the Mayor, or by the Mayor Pro Tem or Ac�ng Mayor Pro Tem if the Mayor posi�on is vacant, or if the mater involves the Mayor. (c) Censure. A censure shall be administered pursuant to a formal resolu�on adopted by the Council. Page 22 of 26 9 2. Conduct (a) City Council Members who violate the code of this conduct are subject to admoni�on, reprimand, or censure. Any viola�ons that poten�ally cons�tute criminal conduct shall be handled by the criminal jus�ce system. (b) Factors that will be considered in determining the appropriate consequence include but are not limited to the following: seriousness of the viola�on and number of preceding viola�ons. 3. Conduct During Mee�ngs (a) For inappropriate statements or conduct by Council Members occurring during a Council mee�ng, a verbal correc�on by the Mayor (or Mayor Pro Tem or ac�ng Mayor Pro Tem) will normally be the first step to address the mater, either during or outside of the Council mee�ng. (b) Further incidents may be addressed by subsequent verbal correc�ons accompanied by use of the gavel. Repeated incidents can give rise to the Mayor not recognizing the offending Council Member to speak. A Council Member can request that the Mayor take any of these ac�ons against an offending Council Member if the Mayor has not done so on her/his own. 4. Repor�ng a Poten�al Viola�on (a) A member of the Brooklyn Center City Council may report a poten�al Code of Conduct viola�on by a member of the City Council by bringing the mater to the aten�on of the official of their choice, Mayor, City Manager, or City Atorney. (b) A Brooklyn Center staff member may report a poten�al code of conduct viola�on by a member of the City Council by bringing the mater to the aten�on of the City Manager or Human Resources Manager. (c) If the poten�al viola�on involves the Mayor, it should be brought to the aten�on of the Mayor Pro Tem , City Manager or City Atorney. (d) A community member may report poten�al code of conduct viola�ons by a member of the City Council to the Mayor, City Manager or any member of the City Council. 5. Alterna�ve Repor�ng If the Mayor, Mayor Pro Tem, or Ac�ng Mayor Pro Tem are unable to be involved in reviewing the code of conduct complaint for any reason, the mater will be reviewed by the next most senior member of the Council that is not involved in the complaint. Page 23 of 26 10 6. Inves�ga�on Procedure (a) Triage. The Mayor and City Manager will gather ini�al informa�on, consult with the City Atorney if necessary and decide how to move forward. (b) Fact Finding. If necessary, the mater will be referred to the criminal jus�ce system. The Mayor and City Manager will determine whether to pursue independent fact-finding or internal fact-finding. (c) Possible Outcomes. As is referenced above, (i) a verbal admoni�on may be given to the Council Member by the Mayor, (ii) a reprimand may be administered to the Council Member by a leter approved by the Council, or (iii) a censure may be administered pursuant to a formal resolu�on adopted by the Council. (d) No�ce and Hearing. A�er vo�ng to issue a reprimand or censure, the City Council will provide writen no�ce to the Council Member at least fourteen (14) days prior to the Council’s formal ac�on upon the reprimand or censure. The no�ce may be served by mail and shall specify the grounds for the reprimand or censure and state the date the Council will take ac�on upon the reprimand or censure. At any �me prior to the Council’s formal ac�on, the Council Member may, in wri�ng, request a hearing before the City Council, which shall be held at the next regular City Council mee�ng. A�er the hearing, the City Council shall decide whether or not to proceed with the reprimand or censure. H. Ethics 1. Open Mee�ng Law (a) State law requires that, with certain excep�ons, mee�ngs of the City Council be open to the public. A mee�ng is a gathering of a majority of City Council Members at which City business is discussed. It is not necessary that ac�on be taken for a gathering to cons�tute a “mee�ng.” (b) A mee�ng does not include chance, social gatherings as long as public business is not discussed. (c) A majority of Council Members should not communicate with each other by phone, email, in-person, or otherwise, to discuss City business. (d) Use of social media does not violate the open mee�ng law as long as social media use is accessible to all Members of the public. See Minnesota Statutes, Chapter 13D, for further informa�on regarding the Open Mee�ng Law. 2. Gi� Law A City Council Member cannot accept a gi� from someone who has an interest in any mater involving the City. A “gi�” includes money, property, a service, a loan, forgiveness of a loan, or a promise of future employment. A “gi�” does not include: • Campaign contribu�ons; • items cos�ng less than $5; • items given to members of a group; the majority of whose members are not local officials; • gi�s given by family members; or Page 24 of 26 11 • food or beverages given at a recep�on, meal or mee�ng at which a Council Member is making a speech or answering ques�ons as part of a program See Minnesota Statutes, Sec�on 471.895 and City Charter, Sec�on 14.04(A) for further informa�on regarding the Gi� Law. 3. Conflict of interest (a) City Council Members cannot have a personal financial interest in a sale, lease, or contract with the City. (b) City Council Members cannot par�cipate in maters in which the Council Member’s own personal interest, financial or otherwise, is so dis�nct from the public interest that the (c) Council Member cannot be expected to fairly represent the public’s interest when vo�ng on the mater. Page 25 of 26 Council Regular Meeting DATE: 1/13/2025 TO: Council Study Session FROM: THROUGH: BY: Barb Suciu, City Clerk SUBJECT: Council Agenda Packet Delivery Date Discussion Requested Council Action: - Discussion on the Date of Delivery for the Council Agenda Packet Background: Budget Issues: Inclusive Community Engagement: Antiracist/Equity Policy Effect: Strategic Priorities and Values: ATTACHMENTS: None Page 26 of 26