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HomeMy WebLinkAbout2020-097 CCRMember Elliott introduced the following resolution and moved its adoption: RESOLUTION N0.2020-097 RESOLUTION ADOPTING AN AMENDMENT TO CITY COUNCIL CODE OF POLICIES REGARDING ACCESSING CITY ATTORNEY SERVICES FOR COUNCIL POLICY DEVELOPMENT WHEREAS, the City Council discussed at its work sessions on September 28, 2020 and October 12, 2020 the issue of the Mayor and Councilmembers accessing the services of the City Attorney regarding the development of Council policy prior to the matter being discussed by the Council at a work session; and WHEREAS, the City Council has 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 Policies makes limited reference to Councilmembers worl�ing directly with the City Attorney and does not address utilizing the services of the City Attorney to assist on policy matters that have not been discussed or given direction on by the City Council at a work session; and WHEREAS, the City Council determines it is in the City's best interests to amend the Code of Policies to specifically address the Mayor and Councilmembers accessing the services of the City Attorney on policy matters prior to them coming before the City Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center as follows: 1. The Code of Policies is hereby amended by adding a new Section 2.08 Policy on Access to City Attorney for Council Policy Development, as shown on the attached Exhibit A, which is incorporated in and made part of this Resolution. 2. The City Manager and staff are authorized and directed to insert the new Section 2.08 into the Code of Policies, including updating the table of contents, and said updated document shall constitute the official Code of Policies. October 26 2020 ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Ryan and upon vote being taken thereon, the following voted in favor thereof: Butler, Elliott, Graves, Lawrence -Anderson, Ryan and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. EXHIBIT A LanRuaae of New Section 2.8 2.08 Policy on Access to City Attorney for Council Policy Development 1. Purpose This policy is intended to serve as guidance to both Council Members and the City Attorney on accessing City Attorney services for the development of Council Policy initiatives. Work by the City Attorney on Council Policy matters typically occurs at the request of City Staff in the preparation of matters to be presented to the City Council for direction, or at the direction of the City Council after discussion on the matter at a meeting. For the purposes of this policy. "Council Policy" means matters within the ower and authority of the City Council under the City Charter, City Code, or state law to decide on behalf of the City. This policy is not intended to infringe upon the authority or res onsibilities delegated to the Mayor or City Council under the City Charter, City Code or state law. 2. Policy A. Council Members. including the Mayor, may contact the Citv Attorney as needed for general informational purposes or with specific questions on issues related to the exercise of their duties such as on the application of the law regarding the open meeting law, gifts, conflicts of interest, incompatible positions, liability. etc. B. Council Members. including the Mayor, may contact the City Attorney for the purpose of requesting assistance with the development of Council Policy including. but not limited to, the following: gain a general understanding of the legal implications of a potential City Policy initiative 2. To request preparation of a draft Council Policy initiative, including new or amended Citv Policy, to be presented to the City Council; 3. To request the preparation or review of a new or amended City ordinance; or 4. To request the preparation or review of a new or amended Council resolution. C. Council Members should be mindful of the costs associated with direct inquiries to the City Attorney and so should limit the use of that resource by being as efficient as practical in such contacts. D. The requirements of this policy are as follows: 1. The City Attorney shall provide a report to the City on a quarterly basis of the time and costs associated with responding to individual Council Member requests made under this policy: 2. The Citv Attorney shall inform the City Manager of the Council Policy matters initiated by individual Council Members under this policy and the City Manager shall assess the administrative impacts or policy implications of the proposed Council Policy: and 3. Anv Council Policy matter initiated by a Council Member under this policy shall be placed on a Council work session agenda with sufficient advanced public notice for review, deliberation, and direction by the City Council.