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HomeMy WebLinkAbout1996 09-25 CHCACity of Brooklyn Center A great place to start. A great place to stay. BROOKLYN CENTER CHARTER. COMMISSION SEPTEMBER 25, 1996 7 P.M. CITY HALL CONFERENCE ROOM B AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES OF MAY 22, 1996 (SENT IN JUNE) 4. CORRESPONDENCE A. LETTER FROM CITY MANAGER DATED 6 -6 -96 REGARDING ADVISORY COMMISSION MEMBERSHIP B. LETTER FROM CITY CLERK DATED 7 -10 -96 REGARDING RESOLUTION 96 -132, APPOINTMENT OF CITY EMPLOYEES TO CITY BOARDS /COMMISSIONS C. LETTER FROM CHIEF JUDGE BURKE ANNOUNCING NEW CHIEF JUDGE MABLEY D. ORDER FROM CHIEF JUDGE MABLEY APPOINTING WALTER BURSCH E. ORDER FROM CHIEF JUDGE MABLEY REAPPOINTING TIM WILLSON F. LETTER TO SUNPOST NEWSPAPER DATED 9 -7 -96 REGARDING TONIGHT'S MEETING 5. OLD BUSINESS A. SUB COMMITTEE REPORT ON SECTION 6.02, SUBD 3(A) (SEE ATTACI EM MINUTES OF SUB COMMITTEE MEETING OF JULY 18, 1996, AND LETTER FROM CITY MANAGER DATED MAY 22, 1996) 6. NEW BUSINESS A. JOINT ME ETING OF CHARTER COMMISSION/ CITY COUNCIL ON SEPTEMBER 30, 1996, AT 7 P.M. 7. ADJOURNMENT PLEASE CONTACT CAROLE BLOWERS AT 560 -0421 IF YOU CANNOT ATTEND THE MEETING* 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 City Hall TDD Number (612) 569 -3300 Recreation and Community Center Phone TDD Number (612) 569 -3400 FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City of Brooklyn Center A great place to start. A great place to stay. L� MEMORANDUM TO: City Council Advisory Commissions FROM: Michael J. McCauley, City Manager DATE: June 6, 1996 v SUBJECT: Advisory Commission Membership City staff is in the process of preparing a draft proposal for the City Council relating to persons employed by the City serving on advisory commissions. In preliminary discussions with the City Council, it has been felt that advisory commissions should be made up of persons who are not employed by the City of Brooklyn Center. While employees have input into recommendations to the City Council and the development of policies, commissions, which serve to provide assistance and advice to the City Council, should be separate and distinct from the administrative component of City government operations. This avoids conflicts within the administrative chain of command in that subordinates would not find themselves in a position on a commission that may be in conflict with their supervisors or department heads. As staff prepares a proposed policy for City Council review, we would appreciate any input that you would have regarding this proposed direction. On a separate note, the City Council, as a goal, will be planning meetings with each of its advisory commissions over the next year. The City Council would like to meet with each of its advisory commissions to have an opportunity for input from the commissions and to give the commissions a sense of the direction that the Council is taking and the assistance they would like from the commissions in looking at several issues that will be coming betore the City Council. cc: Mayor and Council Members 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 City Hall TDD Number (612) 569 -3300 Recreation and Community Center Phone TDD Number (612) 569 -3400 FAX (612) 569 -3494 An Affirmatiue Action /Equal Opportunities Employer K City of Brooklyn Center A great place to start. A great place to stay. July 10, 1996 Dear City Advisory Commission and Board Members: At its July 8, 1996, meeting, the City Council passed Resolution No. 96 -132, Resolution Regarding Appointment of City Employees to City Boards and Commissions (copy enclosed). The resolution establishes a policy which prohibits City employees from serving on City boards and commissions. However, the resolution states that any City advisory commissioner who is currently employed by the City is permitted to serve out the balance of his/her term on the commission. Questions or concerns regarding this resolution should be directed to City Manager Mike McCauley. Sincerely, Sharon Knutson, CMC City Clerk enc. cc: Nancy Gohman, Staff Liaison, Human Rights and Resources Commission Torn Bublitz, Staff Liaison, Housing Commission Charlie Hansen, Staff Liaison, Financial Commission Jim Glasoe, Staff Liaison, Park and Recreation Commission Ron Warren, Staff Liaison, Planning Commission 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 City Hall TDD Number (612) 569 -3300 Recreation and Community Center Phone TDD Number (612) 569 -3400 FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Member Kathleen Carnody introduced the following resolution and moved its adoption: RESOLTUTION NO. 96 -132 RESOLUTION REGARDING APPOINTMENT OF CITY EMPLOYEES TO CTTY BOARDS AND CMMNMTSSTONS WHEREAS, Section 2.02 of the Brooklyn Center City Charter provides that the City Council may establish boards or commissions to advise the Council with respect to any municipal function or activiry, to investigate any subject of interest of the City, or to perform quasi-judicial functions; and WHEREAS, several such commissions have been established by resolution of the City Council; and WHEREAS, the Council has determined that it is in the best interest of the City that members of such commissions exercise independent judgment and be free from influences resulting from the duties and responsibilities of City employees; and WHEREAS, it is more consistent with the CounciUtilanager form of government established by City Charter and the orderly administration of City government if employees who are subject to the management and control of the City Irlanager do` not also serve in the capacity of advisors to the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following policy is established fors appointment to boards and commissions of the City: 1. This policy shall apply to the following boards and. commissions of the City: a. the Financial Commission; b. the Housing Commission; C. the Human Rights and Resources Commission.; d. the Park and Recreation Commission; e. the Planning Commission; f. the Ad Hoc Communications Task Force; and any other board or commission heretofore or hereafter created which is made subject to this policy by resolution of the Council. 2. Except as otherwise provided in paragraph 4, this policy shall apply to the following persons: a. all regular full-time, regular pan -time, temporary lull -time, and temporary Part-tune employees whether or not covered by a formal labor contract with the City; b. the City Manager; and C. volunteer members of the fire decarttment. RESOLUTION NO. 96 -132 3. No person identified in paragraph 2 of this policy shall be appointed to any board or commission identified in paragraph I. upon acceptance of any position listed in paragraph 2, by any person then serving on any City board or commission listed in paragraph 1, shall be deemed a resignation without any other act on the part of such member and such member's position on such board or commission shall be deemed vacant. Any such person who is a member of any such commission at the time of adoption of this resolution shall be permitted to serve out the .balance of his /her current appointment. To the extent of any inconsistency between this resolution and the provisions of any prior resolution establishing specified terms memb ers co 'ss:c-^ s uc h p rov i sio �s of i prm re orc ar v su for m�mh, of .s, 1 r- 4. The provisions of paragraph 3 shall not apply to the following: a. persons serving as non voting liaison or staff support to boards or commissions by appointment of the City Manager; and b. non voting ex- officio members serving on boards or commissions by reason of their employment positions with the City. July 8, 1996 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Debra Hilstrom, Kristen Mann, and Charles Nichols; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA FOURTH JUDICIAL DISTRICT COURT KEVIN S. BURKE CHIEF JUDGE CHAIR, CONFERENCE OF CHIEF JUDGES HENNEPIN COUNTY GOVERNMENT CENTER MINNEAPOLIS, MINNESOTA 55487 (612) 348 -4389 FAX (612) 348 -5374 June 27, 1996 Mr. Tim Willson Charter Commission Chair City of Brooklyn Center 6718 Colfax Avenue North Brooklyn Center, Minnesota 55430 Re: Brooklyn Center Charter Commission Dear Mr. Willson: This is to advise you that on July 1, 1996, my term as Chief Judge expires. All future inquiries regarding the Brooklyn Center Charter Commission should be directed to the new Chief Judge: Hon. Daniel H. Mabley C -12 Government Center Minneapolis, Minnesota 55487 348 -3116 I have enjoyed working with you and the members of the Brooklyn Center Charter Commission. Sincerely, w evin S. Burke KSB /cf 3 City of Brooklyn Center A great place to start. A great place to stay. To: City Council From: Charter Commission Subject: Council/Manager Proposals June 1, 1996 The Charter Commission met on May 22, 1996. The Council letter dated April 30, 1996, A Response to Council/Manager Proposals, was discussed and the Commission members instructed the Chair to prepare this communication to the Council Members. The Commission members expressed the wish to thank the Council for its consideration of and response to the Charter Commisssion members concerns and recommendations concerning this issue. The suggestion by the Council to have an annual joint meeting with each commission was very well received and the Charter Commission would ask to have the Council schedule a joint meeting for the later half of July or some month later. The commission would ask that the first half of July not be considered for a joint meeting as a number of commission members have scheduled vacations and would be unavailable. The Charter Commission has scheduled its next meeting for August only if the Council and Charter Commission meets in joint session prior to the August 28th meeting date. Should the Council's schedule not permit a joint meeting in July or August the Charter Commission would then meet on September 24th. During the summer break a sub- committee has been appointed to review the last sentence of section 6.02, Subd. 3(a) of the City Charter. The City Charter language reads as follows: "Appointment and removal of department heads shall be made final only upon majority vote of the Council The Charter Commission as a whole, in its preliminary findings, has determined that the language cited above has been a provision included in the very first public charter. During our May 22 meeting Commission Synder relayed the councils wishes in having the Charter Commission review this provision. A follow up communication received May 23 from City Manager Michael McCauley confirms the consensus of the Council that department head(s) appointment or removal would more properly be the City Manager's responsibility. The sub committee is holding its first public meeting on July 18th, 7pm at City Hall. The sub committee members are Commissioners Sy Knapp, Ted Willard, Janice Thielsen and Tim Willson ex- officio. Charter Commission Chair Tim Willson 566 -6423 tjw:cmanager.wpd 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 City Hall TDD Number (612) 569 -3300 Recreation and Community Center Phone TDD Number (612) 569 -3400 FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City of Brooklyn Center A great place to start. A great place to stay. June 11, 1996 Mr. Tim Willson, Chair Brooklyn Center Charter Commission 6718 Colfax Avenue North Brooklyn Center, MN 55430 RE: Joint Meeting of City Council and Charter Commission Dear Mr. Willson: Thank you for your recent letter regarding the Charter Commission's interest in a joint meeting with the City Council. In reviewing the time scheduled set forth in your letter, we would propose meeting on September 30, 1996, at 7 p.m. at City Hall. August and the beginning of September will be rather busy for the City Council with budgetary matters. Please advise if September 30 would be a date that would work for a joint meeting between the City Council and Charter Commission. Thank you for your assistance. Sincerel Michael J. McC ey City Manager MJM: sk 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 City Hall TDD Number (612) 569 -3300 Recreation and Community Center Phone TDD Number (612) 569 -3400 FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer M991 U TOLON To: City Council/City Manager From: Charter Commission Subject: Joint Council /Commission Meeting June 21, 1996 Mr. McCauley, City Manager: CWk EMS This letter is to advise you and the City Council of the Charter Commission's intention to attend a scheduled joint meeting with the City Council on September 30, 1996 at City Hall. C 7 Ai, Please also be advised that I am accepting the planned meeting date and time on behave of the Charter Commission which will not hold a regular meeting unt jLSent,_ember 5th_ 1996. In an earlier letter I had mistakenly stated that the Commission would meet on the 24th. I plan to have Carol Blowers our recording secretary fort e Charter Commission send this information with the meeting notice packets the first part of September to Commission members informing them of these meeting dates. Commission members have stated there desire to meet in joint session with the Council and will welcome the invitation to attend. Please convey our thanks to the Council to meet with us at you earliest convenience. Charter Commission Chair Tim Willson 566 -6423 tjw: joint. wpd LJ City of ro l rz Center A great place to start. A great place to stay. BROOKLYN CENTER CHARTER CONOWS `ION SUB CONCAUT'TEE MEETING RMY 18, 1996 7 P.M. CONFERENCE ROOM A Discussion of Section 6.02 of the City Charter. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 City Hall TDD Number (612)'569-3300 Recreation and Community Center Phone TDD Number (612) 569 -3400 FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Brooklyn Center Charter Commission Sub Committee Minutes Sub Committee to review language found in Section 6.02, subd. 3(a) regarding appointment and removal of department heads subject to the majority vote of the Council. Convened at 7:20 July 18, 1996 by the Sub Committee Chair Sy Knapp Members Present: Commissioner Ted Willard ex- officio Charter Commission Chair Tim Willson Also attending Commissioner Nancy Carlson Correspondence distributed to committee members and guests: League of Mn Cities Kennedy and Graven Charter chapter 6 language Chair Commissioner Knapp began the meeting with a discussion on the committees purpose in reviewing language in the current Charter regarding Section 6.02, subd. 3 (a) and the reading of said language. Chair Knapp suggested a review and discussion of the relevant documents. Consensus agreed and a review and discussion of each document ensued. Chair Knapp received a letter to Charter Commissioner from the City Manager, made copies for those attending, regarding the City Councils wish to have the Charter Commission review this matter and conveying the Councils consensus that department head appointments and removals would more properly be the City Manager's responsibility. After considerable discussion by sub committee members and input from those attending the following motions where made: Motion by Commissioner Willard 2nd by Commissioner Knapp to Recommend to the Brooklyn Center Charter Commission that the Charter Commission recommend to the City Council the change in language to the Brooklyn Center Charter, the deletion of the last sentence in Sec. 6.02 subd. 3 (a) which reads "Appointment and removal of department heads shall be made final only upon majority vote of the Council." motion carried unanimously Motion by Commissioner Willard 2nd by Commissioner Knapp to Recommend to the Brooklyn Center Charter Commission that the Charter Commission recommend to the City Council the enactment of the amendment by ordinance as provided for in Sec. 5.04 of the Brooklyn Center City Charter. motion carried unanimously Sub Committee meeting was adorned at 8:45 pm. By Chair Knapp Minutes prepared by commissioner Willson LI CHAPTER 6 ADMINISTRATION OF CITY AFFAIRS Section 6.01. THE CITY MANAGER. The City Manager shall be the Chief Administrative Officer of the City and shall be chosen by the Council solely on the basis of training, experience, and administrative qualifications. The choice shall not be limited to inhabitants of the City or State. The City Manager shall be a citizen of the United States and shall be appointed for an indefinite period. The City Manager shall be removable by the Council at will, provided, however, that if removed at any time after one year of service, the City Manager may, within fifteen (15) days after such removal, demand written charges and a public hearing on the same before the Council; but pending and during such hearing, the Council may suspend the City Manager from office with or without pay. Such public hearing shall take place within thirty (30) days after the demand for the same and the written charges shall be furnished to the City Manager by the Council at least ten (10) days before the hearing. During the suspension, absence or disability of the City Manager, or in case of a vacancy in the office of the City Manager, the duties of said office shall be performed by some properly qualified person designated by the Council as acting manager. Section 6.02. POWERS AND DUTIES OF THE CITY MANAGER. Subdivision 1. Subject to the provisions of this charter, any Council regulations consistent therewith, and other applicable laws, the City Manager shall control and direct the administration of the City's affairs. The City Manager shall have the powers and duties set forth in the following subdivisions. Subdivision 2. The City Manager shall see that this charter and the laws and resolutions of the City are enforced. Subdivision 3. (a) Subject to the provisions of paragraphs (b) and (c) of this Subdivision, the City Manager shall appoint, upon the basis of merit and fitness and may suspend or remove upon the basis of merit and fitness, and upon the provisions of all applicable ordinances, all officers and employees of the City, except the City Attorney, whose appointment and removal shall be at the discretion of the Council. Appointment and removal of department heads shall be made final only upon a majority vote of the Council. (b) The Fire Chief shall be appointed from the members of the Fire Department. Procedures for the appointment, suspension and removal of the Fire Chief shall be set forth in paragraph (a) of this Subdivision. -14- (c) Appointments and promotions of all other members of the Fire Department shall be by the Fire Chief but shall be made final only upon approval of the City Manager. Suspension and removal of all other members of the Fire Department shall be by the Fire Chief with the prior approval of the City Manager. All appointments, promotions, suspensions and removals of Fire Department members shall be on the basis of merit and fitness and upon the provisions of all applicable ordinances. Subdivision 4. The City Manager shall exercise control over all departments and divisions of the City administration created by this charter or by the Council. Subdivision 5. The City Manager shall attend all meetings of the Council, unless excused by the Mayor, with the right to take part in the discussion, but not to vote; but the Council may in its discretion exclude the City Manager from any meeting at which the removal of the City Manager is considered. Subdivision 6. The City Manager shall recommend to the Council for adoption such measures as the City Manager may deem necessary for the welfare of the people and the efficient administration of the City's affairs. Subdivision 7. The City Manager shall keep the Council fully advised as to the financial condition and needs of the City, and shall prepare and submit to the Council the annual budget. 1 Subdivision 8. The City Manager shall prepare and submit to the Council for adoption an administrative code incorporating the details of administrative procedure, and shall, from time to time, suggest amendments to such code. Subdivision 9. The City Manager shall perform such other duties as may be j prescribed by this charter or by law or required of the City Manager by ordinance or resolutions adopted by the Council. Section 6.03. DEPARTMENTS OF ADMINISTRATION.. The Council may create or abolish such departments, division, and bureaus for the administration of the City's affairs as may seem necessary, and from time to time alter their powers and organization. It may, in conjunction with the City Manager, prepare a complete administrative code for the City and enact it in the form of an ordinance, which may be amended form time to time by ordinance. y -15- v i L c .M.. Leag" of minn"Ou clWas Gtiw �ronrcting asc¢�l¢nca I May 20, 1996 Sy app Charter Commissioner City of Brooklyn Center 7221 Riverdale Road Brooklyn Center, MN 55430 Dear Mr. Knapp: 145 University Avenue West, St. Paul, NIN 55103 -2044 Ph onet (612) 281 -1200 (800) 925 1122', Pax; (612) 281 -1299 TDD (612) 281 -1290 Enclosed are two League research memos that discuss the differences between the positions of city manager and city administrator and the pros and cons of each system. I have also enclosed the page from the League's Handbook for Minnesota Cities that discusses these positions. As you will notice, the primary difference is that a city manager, as that term is used for statutory cities, can hire and fire employees while a city administrator cannot. As Brooklyn Center operates under a home rule charter form of government, it would be possible to grant an administrator the power to hire and fire, or to deny the power to a city manager. To do so, however, only serves to confuse people and it is my recommendation that charter cities follow the general outline of each position as they would be used by statutory cities. You stated that Brooklyn Center's charter currently provides for a city manager whose authority to appoint department heads is subject to council approval. Although I have not done a complete review of all charters in the League's files or surveyed all charter cities, I am confident in stating that this is not a common provision. In fact, I have not come across a similar provision in any of the charters on which I have worked. This is not to say it is a bad provision, simply that it is a unique approach. The primary advantages the current system has are that it provides a check and balance on the power of the manager helping to keep employee concern and loyalty on the side of the elected body instead of an appointed position, and it could help ensure that proper hiring procedures are being followed to minimiz the risk of the city being sued for discrimination, etc. On the other hand, such a provision undermines the authority of the manager which could effect his or her ability to manage. It delays the decision making process, and it means that more people are involved, many of whom may not be adequately trained on lawful hiring practices thus actually increasing the risk of unlawful questions being asked at interviews and AN EC4UAL OPPORTUNITY /�FFtR:titATNE ACTION EMPLOYER 20 'd idiol ocher unlawful practices being inadvertently used. I hope that this information will be of some assistance to you and the rest of the charter commission as it reviews possible amendments to the charter. If I can be of any further assistance, please feel free to contact me again. Kent Sulem Codification Attorney Enc. Attorneys u L*w ROBERT A. AmOr BRUCL X BATTERSON RONALD EL GATT Y stsrmv J. BUBUL Jom DEW DAMEL J. GyREENSWEW DAVID 19XN.9MY CHARLES L. Lt tvjtE JOW X L11114 E. Mt. ROBERT J. LbWALL ROBERT G LONG JAMES NL STRO60AM CORR14 1t H- TROb ON Sy app Bolton Menk, Inc. 1515 East Hwy. 13 Burnsville, MN 55337 KENNEDY GRAVEN CHARTERED JAMES J. TMKMASON co center, WoDeapolis, Afinneso" 5540 LARRY W WEtt?R7um (612) 337-300 $014M L. vra.tiS J0E Y. YAM FACAWk (612) 337- 4310 DAVID L. GRAVEN (1920-1991) OF OOU"M WRrrER'S D1RECr DUL ROBERT C. CABLSON <i1S) 3V4%11 ROUAT L. DAVRNOON WeUJN iTON D. LAW FLOYO B. OLSON CURTIS A. PEARSON May 22, 1996 T. JAY SALUMN RE: Charter Section 6.02, Subd. 3(a) 0 Dear Sy: On behalf of the Charter Commission, you have asked for Any comment on the legal and practical implications of Charter Section 6.02, subd. 3(a) which requires that appointment and removal of deparment heads shall be made final only upon a majority vote of the city council. As a legal matter, there could be some advantages to allowing the manager to make such decisions without ratification by the city council. Hiring and firing decisions can expose a city to liability if not handled properly. Such decisions involve issues of the Civil Rights Act, the human Rights Act, the Open Meeting Law, the Data Practices Act; and defamation, among others. I would not say that the decision whether to hire or fire would be more likely to expose the city to liability if the decision were subject to ratification by the city council. In fact, there could be cases in which such a process would serve as a check on an unwise decision by a city manager and actually result in avoiding liability. However, the process of making the decision is complicated by involvement of the city council. This process could expose the city to liability because more people are involved in the decision, those people axe not often trained or experienced in personnel management and related legal issues, and the city council involvement is required, for the most part, to be in an open, public forum. If the hiring and firing decisions of the manager in the case of deparanent heads were final, as it is in the case of all other city employees, the hiring and firing process would be more easily managed with the involvement of personnel professionals and the advice of legal counsel. Because the decision involves city employees and applicants for city employment, the data generated in the process and used during the decision making process is private (with a few limited exceptions) and not available to the public. If these decisions arc made solely by the city manager, the entire process, as well as the personnel data which is used in the process, remains private, thereby avoiding public disclosure of the data. In the case of dismissal of department heads, this can have the effect of reducing the possible embarrassment that can result from disclosure of reasons for a dismissal. There may be instances in which the reason that a =105010 22291 -7 Sy app May 22, 1996 Page 2 dismissed employee brings suit against the city is the belief that his or her reputation has been damaged and the embarrassment that can result from public discussion of his or her shortcomings. For a time, there was considerable confusion about how this kind of personnel decision was to be handled by public bodies because the Open Meeting Law required meetings of the city council to be open, but the Data Practices Act required personnel data to be private and not disclosed to the public. That confusion has been resolved by the legislature; and the law now provides that meetings must be open, even if private personnel data is discussed. Therefore, meetings of city councils on personnel matters must now be open, even if private data is being discussed, unless a specific exception to the Open Meeting Law authorizes an executive session. The most common exceptions to the Open Meeting Law for discussion of personnel data are Minnesota Statutes, section 471.705, subd. 1(d), subparagraphs (c) and (d). Paragraph (c) requires the council to close meetings for "preliminary_ consideration of allegations or charges against an individual subject to its authority." However, if the city council concludes that discipline of any nature may be warranted, further meetings or hearings relating to the specific charges must be open. Paragraph (d) allows the council to close a meeting to discuss the performance of an individual subject to its authority_ This exception would apply to a performance evaluation of the city manager because the city manager is subject to its authority; but it would not justify closing a meeting to decide whether to hire or fire a department head. Therefore, involvement of the council in these decision brings the decisions out into a public forum. Additionally, although the Open Meeting Law requires such meetings to be in an open public forum, the private personnel data still maintains its classification as private data. Therefore, the council will not violate the Data Practices Act by a public discussion of private personnel data at a city council meeting, but any other release or disclosure of the same data will be a violation of the Data Practices Act. This can create a problem for city council members who may be criticized for their personnel decisions, but are not free to discuss their reasons for the decision, because to do so would violate the Data Practices Act. The same is true of defamation actions. The city council members may have a qualified privilege which would protect them from defamation claims for statements made about an individual employee at a city council .meeting, but that privilege would not extend to public discussion about the individual outside of that forum. Other problems can arise because city council members may not be knowledgeable about laws relating to personnel decisions. For example, the state Human Rights Act prohibits discrimination in hiring on the basis of race, sex, age, disability, etc. It is not unusual for people who are not familiar with laws, rulings, and regulations'relating to such hiring decisions to ask inappropriate questions or make inappropriate comments which can be used as evidence that the city council was guilty of discrimination on the basis of race, sex, age, disability, or marital status. CLL105010 BR291 -7 $y app May 22, 1996 Page 3 I should note that the problems with council involvement which are described above are not insurmountable. They are the same problems faced by cities which are not organized under the council/manager form of government. However, they are problems which would not arise if the city manager's decision were final, and council ratification were not required. Other problems with the Charter provision are more practical or political than legal in nature. The charter provision seems to be a compromise between a pure counci)/manager form of government where the professional manager is intrusted with all hiring and firing decisions in addition to other personnel administration, and other forms of government where the city council has a larger role. The obvious advantage of the council/manager form of government is that all administrative authority is vested in the city manager. This makes for clear lines of responsibility and authority and apparently the charter commission felt that the advantages of this form of government were sufficient to justify entrusting the manager with the authority for all hirings and firings of employees except for department heads. The disadvantages of this charter provision are the same as those of a city administrator form of government where employees report to a city administrator, but decisions on hiring and firing are left with the city council. This can blur the lines of authority and responsibility, and employees may seek to form alliances with council members and undermine the anthonty of the chief executive officer. ,Although this charter provision gives the council more control over hiring and firing decisions, it can also place council members in an uncomfortable position if employees attempt to go around the city manager. Employees may also seek to involve others, outside of city government, who have political influence to aid them in disputes with the city manager, with the result that employment decisions can become politicized. As in the case of the legal issues described above, these practical and political problems are not insurmountable. They are faced by other cities which do not have the council/manager form of governmcnL The charter commission must ultimately decide whether the advantages of requiring council ratification of these decisions outweigh the disadvantages. If you have any further questions relating to this issue, please feel free to give me a call. Very truly yours, Charles I.. LeFevere CL.L -.ckr CLL205010 M91 -7 V City of Brooklyn Center A great place to start. A great place to stay. May 22, 1996 Mr. Tim Willson, Chair Brooklyn Center Charter Commission 6718 Colfax Avenue North Brooklyn Center, MN 55430 Dear Mr. Willson: At its May 20, 1996, work session, the City Council discussed the provision of the City Charter that makes appointment and removal of department heads subject to the majority vote of the Council. This provision found in Section 6.02, subd. 3 (a) is one that the Council has an interest in having the Charter Commission review. The consensus of the Council discussion was that department head appointment and removal would more properly be the City Manager's responsibility without involvement of the City Council as currently set forth in Section 6.02. The City Council directed me to convey the substance of their discussion to the Charter Commission with a request that the Charter Commission review Section 6.02, subd. 3 (a) insofar as that subsection requires City Council approval for the appointment or removal of department heads. Si r..� Michael J. M uley City Manager MJM: sk cc: Mayor and Councilmembers 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 City Hall TDD Number (612) 569 -3300 Recreation and Community Center Phone TDD Number (612) 569 -3400 FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer