HomeMy Public PortalAboutResolution 13-23 Governance ManualRESOLUTION NO. 13-23
A RESOLUTION OF THE CITY OF MCCALL ADOPTING A MANUAL OF CITY
GOVERNANCE POLICIES, PROCEDURES AND GUIDELINES FOR THE COUNCIL-
MANAGER FORM OF GOVERNMENT.
WHEREAS, the City Council desires that city government be transparent and accountable to the
public; and
WHEREAS, the City Council seeks to govern in a manner that is responsive to the community,
in collaboration with City management, and in a business -like and professional manner; and
WHEREAS, written principles, policies, and procedures best assure an atmosphere conducive to
principled, accountable, and transparent governance,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF McCALL DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1: There is hereby adopted by reference, "City of McCall Manual Of City Governance
Policies, Procedures and Guidelines" dated December 19, 2013, which is attached hereto as
Exhibit "A".
Section 2: This Resolution shall take effect and be in force immediately upon its passage and
approval.
Passed and approved this 19 day of December, 2013.
ATTEST:
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By
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? , d 's_i Donald C. Bailey, Mayor
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BessieJo Wagn
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RESOLUTION 13-23 Page 1 of 1
December 19, 2013
EXHIBIT A
Resolution 13-23
Manual of City Governance Policies,
Procedures, and Guidelines
City of McCall
Resolution No. 13-23
Adopted December 19, 2013
A Comprehensive Collection of Governance Principles,
Policies, Procedures, Standards of Conduct, Meeting
Rules, and References to Applicable Law
Introduction
In May of 2012, our long time City Manager, Lindley Kirkpatrick, submitted his resignation to
the Council; his wife, Amanda, had been accepted into a Master's program at Edinburgh
University in Scotland, so Lindley decided it was time for a new life's adventure. In order to
ease the transition to the point at which a suitable replacement could be found, it was clear to the
Council that an interim manager would be very helpful, especially to spend a few weeks with
Lindley gaining some knowledge of the City and its operations. Fortunately, Gene Drabinski
graciously offered to help us out.
How lucky we were! After several months of advertising, interviewing, debating, the Council
concluded that the best overall candidate for City Manager was, indeed, Gene, who committed to
a three year stint. It became abundantly clear during the process that, with an experienced
manager leaving so abruptly, our systems and methods of managing the City were largely in
Lindley's head! Although, we have a nearly complete collection of City ordinances and codes,
these don't really help in the day-to-day management of the City or clearly outline the various
roles and responsibilities of the Council and the City Manager, especially with daily and monthly
problems, responsibilities, meetings, or clearly set -out objectives.
Although these problems were quite clear to Gene early on, the Council soon was convinced that
we needed some assistance. This was expertly provided by Mr. Stan McNutt, whom Gene found
and then recommended that the Council use his considerable expertise to start the process of
developing a City governance manual. Following some discussions with Councilors, including
an all -day seminar, the path forward was clear. This Manual is our initial edition, based largely
on work previously authored by Stan, but tailored to fit the Idaho form of City Manager -Council
government. Undoubtedly, the manual will be amended from time to time as the Council and
Staff uses the various sections in daily, monthly, and yearly work in governing the City. But this
is a beginning!
Don Bailey, Mayor, August 2013
Vision Statement
McCall will be a diverse, small town united to maintain a safe, clean, healthy, and attractive
environment. It will be a friendly, progressive community that is affordable and sustainable.
McCall's unique character is defined by its environment, history, culture, and people. Preserving
and enhancing the character and exceptional environment of the McCall Area, in concert with
providing guidance for growth, is a fundamental purpose of the Comprehensive Plan.
Mission of the Council
The McCall City Council is the Governing Board for the City. The Council is responsible for
establishing the legislation, policies, and overall direction for the City. The City Council's
authority is defined by Idaho Code and McCall City Code. There are many relevant portions of
Idaho Code, including Title 50, Chapter 7, and Title 50, Chapter 8.
Purpose
This manual, and its governance policies and rules of procedure, are designed to provide
guidance for the Council and City Administration. They are not to be considered restrictions or
expansions of Council authority. These rules have been prepared from review of many statutes,
ordinances, court cases and other sources but they are not intended to be an amendment or
substitute for those statutes, ordinances, court decisions or other authority.
Use of Rules by Council
No action taken by a Councilor or by the Council which is not in compliance with these rules,
but which is otherwise lawful, shall invalidate such Councilor's or Council action or be deemed a
violation of oath of office, misfeasance or malfeasance. No authority other than the Council may
enforce these rules or rely on these rules. References to other documents or laws included herein
do not signify the intent to incorporate such documents in their entirety. Failure of the Council to
follow any of these rules shall be considered a Council decision to waive such rule. No notice of
such waiver need be given.
Public Use or Reliance Not Intended
Because these rules are designed to assist the Council and not to provide substantive rules
affecting constituents, it is expressly stated that these rules do not constitute land use regulations,
Official controls, "appearance of fairness rules", public hearing rules or other substantive rules
binding upon or to be used by or relied upon by members of the public. These rules do not
amend statutory or other regulatory (such as ordinance) requirements.
Amendments or Suspension of Portions of this Manual
Amendments of all or any part of these rules may be made by resolution or temporarily
suspended by motion until changed, provided there is no conflict with any superior statute.
Respectfully submitted,
Councilors: Donald Bailey, Mayor; Laura Scott, President; Marcia Witte; Jackie Aymon; Nic
Swanson. City Manager: Gene Drabinski. City Clerk: BessieJo Wagner
Table of Contents
Article 1: PRINCIPLES .. pg 1
1.1. Values pg 1
1.1.1. City Leaders Listen to the Community .. pg 1
1.1.2. Collaboration is Valued pg 1
1.1.3. City Leaders Lead and Reason Together pg 1
1.1.4. The City Exemplifies Professionalism in City Management .. pg 1
1.1.5. Sustainability pg 1
1.2. Relationship between Council, City Manager, Staff and Public pg 1
1.2.1. Council Oversees City Organization But Does Not Interfere With
Management pg 1
1.2.2. Council and City Manager Roles and Responsibilities Differentiated pg 1
1.2.3. Performance -Driven Management pg 1
1.2.4. City Attorney Is Legal Counsel to the City and Its Officials Collectively pg 1
1.2.5. Staff Provides Adequate Information for Council Policy -Setting pg 2
1.2.6. Council Will Not Request Unnecessary Information pg 2
1.2.7. Public Documents Ensure Open and Transparent Government pg 2
1.2.8. Communications to the Public are Essential pg 2
1.3. Functioning of City Council pg 2
1.3.1. Importance of Open Public Meetings pg 2
1.3.2. There is a Council -Selected Mayor pg 2
1.3.3. The Mayor Also Embodies Other Leadership Roles pg 2
1.3.4. Citizen Volunteers Play an Important Role pg 2
1.3.5. The Role of Council President .. pg 3
1.3.6. Service on Regional Bodies is Shared Among Councilors ... pg 3
1.3.7. Representatives of City Act in Accordance with City Policies pg 3
1.3.8. Councilors Serve in Liaison Roles to Community Organizations pg 3
1.3.9. Councilors Have Opportunity to be Leaders and Innovators ... pg 3
1.3.10. Council is Mindful of Limited Resources pg 3
1.3.11. Council Authorizes Certain Grant Applications before Submittal pg 3
1.4. Efficiency and Effectiveness of Council Decision -Making pg 3
1.4.1. Council Makes Effective Use of Time pg 3
1.4.2. Provide More Effective Opportunity for Public Interaction pg 3
City of McCall Manual of City Governance Page i
1.4.3. Council's Regular Meetings Will Be Efficient and Businesslike pg 4
1.4.4. Effective Decision Making Requires Finality pg 4
1.4.5. Council Dialog Calls for "Sticking to the Point" pg 4
1.4.6. Council Meeting Agendas Are Set by a Team pg 4
1.5. Functioning of City Manager and Staff pg 4
1.5.1. ICMA Standards are Respected pg 4
1.5.2. Council -Manager Governance Depends on a Strong City Manager Role pg 4
1.5.3. Regular and Understandable Financial Reporting pg 4
1.5.4. Council and Administration are Mindful of Risk Management pg 4
1.5.5. Public Information is Enhanced by Audio, Website and Notes pg 5
Article 2: DEFINED TERMS AND BASIC RULES pg 5
2.1. Types of Governing Bodies, and Advisory or Supporting Groups pg 5
2.1.1. City Council (or "Council") pg 5
2.1.2. Council Standing Committee pg 5
2.1.3. Council Ad Hoc Committee pg 5
2.1.4. Citizen Board, Citizen Committee or Citizen Commission pg 5
2.1.5. Citizen Advisory Committee pg 6
2.1.6. Steering Group pg 6
2.1.7. Small Task Group pg 6
2.1.8. Multi -Agency or Regional Task Group pg 6
2.1.9. Scalable Public Process Planning System pg 6
2.1.10. Nonprofit Service Agency pg 7
2.2. City Officials and Adjudicators pg 7
2.2.1. Mayor pg 7
2.2.2. Council President pg 7
2.2.3. Presiding Officer pg 7
2.2.4. City Manager pg 7
2.2.5. Appointive Officers pg 7
2.2.6. Council Liaison pg 7
2.3. Types of Meetings of Council pg 8
2.3.1. Regular (or Business) Meeting pg 8
2.3.2. Special Meeting pg 8
2.3.3. Work Session pg 8
City of McCall Manual of City Governance Page ii
2.3.4. Public Hearing on Ordinance pg 9
2.3.5. Public Hearing on Quasi -Judicial matter pg 9
2.3.6. Retreat pg 9
2.4. Types of Public Participation in Government pg 9
2.4.1. Public Comment Period at Regular Meetings pg 9
2.4.2. Interactive Dialog with the Public at Work Sessions pg 9
2.4.3. Other Meetings with the Public Outside of City Hall pg 10
2.4.4. Public Forum pg 10
2.4.5. Additional Avenues for Public Participation pg 10
2.4.6. Committees and Other Citizen Participation Opportunities pg 10
2.5. Types of Governing Actions pg 10
2.5.1. Motion pg 10
2.5.2. Resolution pg 10
2.5.3. Ordinance pg 11
2.5.4. Comprehensive Plan Amendment pg 11
2.5.5. Budget Adoption or Amendment pg 11
2.5.6. Capital Improvement Plan (CIP) Adoption or Amendment pg 11
2.5.7. Quasi -Judicial Ruling pg 11
2.5.8. Best Practices pg 11
2.5.9. Doing Things Right pg 11
Article 3: STANDARDS OF CONDUCT pg 12
3.1. Sources and References pg 12
3.2. Standards of Conduct for Officials under Idaho Law pg 12
3.3. Oath of Office pg 12
3.4. Public Trust pg 12
3.5. Stewardship of Public Funds pg 13
3.6. Conflicts of Interest under State Law pg 13
3.6.1. State Code of Ethics pg 13
3.6.2. Prohibition against Private Interest in a Public Contract pg 13
3.6.3. Limitations on Holding Multiple Offices pg 14
3.7. Open Public Meetings under Idaho Law pg 14
3.7.1. All Deliberations and Actions Must Be At Noticed Public Meetingspg 14
3.7.2. Applies to All Public Agencies of the City pg 14
City of McCall Manual of City Governance Page iii
3.7.3. Two Kinds of Meetings: "Regular" and "Special" pg 14
3.7.4. Open to the "Public" pg 15
3.7.5. Executive Sessions pg 15
3.7.6. Unintended Meetings; Electronic Meetings pg 16
3.8. Open Government and Public Records pg 16
3.8.1. Purpose of the Public Disclosure Law pg 16
3.8.2. Emails and Other Electronic Records pg 16
3.9. Ethics in the City of McCall pg 17
3.10. Duties to Act Consistently with City Policy When Representing City
Elsewhere pg 17
3.11. Role of City Attorney pg 17
3.12. Process for Officials to Question the Legality of City Actions pg 18
3.13. Conduct of Officials with Regard to Litigation brought against City... pg 18
3.14. Prohibition against Making Gifts of Public Funds pg 18
3.15. Separate Accounting of City Funds pg 19
3.16. Duty to Avoid Interfering with City Manager's Role with Staff pg 19
3.17. Immunity and Indemnification of Officials for Individual Actions in Good
Faith pg 19
Article 4: CITY COUNCIL — THE ELECTED GOVERNING BODY pg 20
4.1. Council Meeting - Time and Location pg 20
4.2. Council Meetings — Open to the Public pg 20
4.3. Mayor — Election — Chair to be Mayor — Duties ("Mayor") pg 20
4.4. Council President pg 20
4.5. Presiding Officer pg 20
4.6. Quorum pg 21
4.7. Respect and Decorum pg 21
4.7.1. Orderly Behavior and Civility in Remarks pg 21
4.7.2. Permission Required to Address the Council pg 21
4.7.3. Forms of address pg 21
4.8. Telephonic Participation from a Remote Location pg 21
4.9. Attendance; Excused Absences pg 22
4.10. Filling Council Vacancies pg 22
4.11. Council Powers and Responsibilities pg 22
City of McCall Manual of City Governance Page iv
Article 5: CITIZEN COMMITTEES, BOARDS, AND COMMISSIONS pg 22
5.1. Approval of Appointees pg 22
5.1.1. Citizens on Standing Governing Bodies pg 22
5.1.2. 5.1.2 Citizens on Temporary Governing Bodies pg 22
5.1.3. Removal pg 22
5.2. Establishment and Review of Citizen Governing Bodies That Are Temporary pg 23
5.3. Relations with Boards, Commissions and Citizen Advisory Groups pg 23
Article 6: CITY ADMINISTRATION pg 23
6.1. City Manager pg 23
6.2. Role of the City Manager pg 24
6.3. Informal Communications Encouraged pg 24
6.4. City Manager — Interference by Councilors pg 24
6.5. Complaints to Councilors pg 25
6.6. Administrative Complaints - "Best Practice" . pg 25
6.7. City Clerk - Minutes - Public Information Access pg 25
6.8. The Three Touch Rule pg 25
6.9. City Staff — Attendance at Meetings pg 26
6.10. Administrative Presentations and Briefings pg 26
Article 7: COUNCIL MEETINGS pg 26
7.1. Council Meeting Agendas pg 26
7.2. Consent Agenda pg 27
7.3. Special Meeting Agendas pg 27
7.4. Work Session Agendas pg 27
7.5. Work Session Procedure pg 27
7.5.1. Introduction pg 27
7.5.2. Goal .. pg 27
7.5.3. Focused discussion pg 27
7.5.4. Call for consensus or a motion pg 27
7.6. Process for Preparing Legislation or Policies for Adoption pg 27
7.6.1. Draft Documents pg 27
7.6.2. Preparation of Ordinances pg 28
7.6.3. Preparation of Resolutions pg 29
7.6.4. Passage of Resolutions pg 29
City of McCall Manual of City Governance Page v
7.7. Council Packets pg 29
7.8. Organizational Meeting of the Council pg 30
Article 8: RULES OF ORDER FOR COUNCIL MEETINGS pg 30
8.1. Quorum pg 30
8.2. Parliamentary Procedure .. pg 30
8.3. Motions and Discussion pg 30
8.4. Order Of Business pg 31
8.5. Prior Permission Required for Certain Elaborate Presentations pg 31
8.6. Conduct of Meetings pg 31
8.6.1. Chair pg 31
8.6.2. Recognition to Speak pg 32
8.6.3. Disorderly Conduct at Meetings pg 32
8.6.4. Refusal to Vote pg 32
8.6.5. Roll Call Votes pg 32
8.6.6. Requests for Remarks to Be Included in Minutes pg 33
8.7. Public Hearings pg 33
8.7.1. Sign -in Procedure pg 33
8.7.2. Time Limits pg 33
8.7.3. Other Rules pg 33
8.7.4. Conduct of Public Hearings pg 33
8.8. Conduct of Work Sessions and Workshops pg 34
8.8.1. Public comment period pg 34
8.8.2. Vetting of Agenda Items pg 34
8.8.3. Study of Emerging Issues pg 35
8.8.4. First Touch and Second Touch Updates pg 35
8.8.5. Referral to Committee for further Public Process pg 35
8.9. Workshops pg 35
8.10. Adjournment Due to Emergency or Disruption pg 35
8.11. Procedures for Public Comment at Business Meetings pg 35
8.11.1. In General pg 35
8.11.2. Subjects — Whether or Not on the Current Agenda pg 36
8.11.3. Use of Microphones pg 36
8.11.4. Civility pg 36
City of McCall Manual of City Governance Page vi
8.11.5. Council May Overrule the Presiding Officer pg 36
8.12. Council Quasi -Judicial Hearings pg 36
8.12.1. Appearance of Fairness Doctrine Applies to Quasi -Judicial Actions ... pg 36
8.12.2. Obligations of Councilors in Quasi -Judicial Proceeding pg 36
8.12.3. Avoid Ex Parte Communications with Quasi -Judicial Parties pg 37
EXHIBIT A: Simplified Summary of Parliamentary Procedure
EXHIBIT B:
EXHIBIT C:
EXHIBIT D:
EXHIBIT E:
EXHIBIT F:
EXHIBIT G:
EXHIBIT H:
pg 38
Current List of Citizen Committees, Commissions, and Boards pg 41
Illustration of Scalable Public Process Planning System pg 43
ICMA Code of Ethics pg 45
Executive Sessions (from IC Title 67) pg 47
Council Powers & Responsibilities pg 48
Resolutions as defined by AIC pg 49
Examples of when to use an Ordinance pg 49
Acknowledgements and Referenced Documents pg 50
City of McCall Manual of City Governance Pagevii
Article 1: PRINCIPLES
It is hereby the policy of the City to establish the principles stated in this Article 1 as core values
of City governance:
1.1. Values
1.1.1. City Leaders Listen to the Community
City leaders, including members of the Council, the City Manager, and Officers, listen to
the community in a way that fully represents the community's interests and goals.
1.1.2. Collaboration is Valued
Council and staff should make the maximum effort to collaborate in every endeavor,
seeking consensus as often as possible.
1.1.3. City Leaders Lead and Reason Together
Councilors should individually, and collectively, demonstrate the ability to lead and
reason together.
1.1.4. The City Exemplifies Professionalism in City Management
City leaders exhibit respect for the professionalism and ethical conduct of the City
Manager and staff.
1.1.5. Sustainability
Leaders strive to achieve sustainable outcomes in City policies and administration, with
sustainable results for the community, environment, and for City finances and the local
economy.
1.2. Relationship between Council, City Manager, Staff and Public
1.2.1. Council Oversees City Organization But Does Not Interfere With
Management
Council establishes budgetary authority for departments and positions, and may
determine the duties and compensation of each, but does not interfere with the City
Manager's management of City employees.
1.2.2. Council and City Manager Roles and Responsibilities Differentiated
Leaders adhere to the separate and distinct policy and management roles of Council and
City Manager. Administrative policy and complaints are handled by the City Manager
and Department Heads; legislative policy is established by Council.
1.2.3. Performance -Driven Management
Council reviews the City Manager's performance annually. The City Manager is
responsible for performance reviews of subordinates.
1.2.4. City Attorney Is Legal Counsel to the City and Its Officials Collectively
The City Attorney is under contract to the City, selected by the City Council, and
represents the City and, in that capacity, provides legal advice to the Council, City
Manager and staff to the extent that their interests coincide with the City's.
City of McCall Manual of City Governance Page 1
1.2.5. Staff Provides Adequate Information for Council Policy -Setting
In order for the Council to carry out its policy -setting role, information from the Staff and
other sources is needed, such as existing State laws, City ordinances or applicable code
sections, County property data, and any applicable history concerning the matter at hand.
1.2.6. Council Will Not Request Unnecessary Information
In recognition of the limitations of staff time and resources, the Council will not request
unnecessary information. An exceptionally time-consuming request of Council may
require a majority vote, such as for a specific action item or resolution.
1.2.7. Public Documents Ensure Open and Transparent Government
The Council and Administration will adhere to laws on public access to documents.
1.2.8. Communications to the Public are Essential
The City Manager shall be responsible for the City communications function, but
controversial communications shall be promptly copied to Council. However, any
member of the Council may communicate directly with a constituent or the press on
issues which are of interest to the public.
1.3. Functioning of City Council
1.3.1. Importance of Open Public Meetings
The City shall comply with the Open Meeting Act under Idaho law.
1.3.2. There is a Council -Selected Mayor
The Council -selected Mayor presides at Regular and other Meetings of the Council.
1.3.3. The Mayor Also Embodies Other Leadership Roles
The Mayor is to be recognized as the Official head of the City for all ceremonial
purposes, by the courts for the purposes of serving civil processes, and by the Governor
for military purpose. The Mayor may use the title of Mayor in any case in which the
execution of contracts or other legal instruments in writing, or other necessity arising
from the general laws of the State of Idaho may require, but this shall not be construed as
conferring upon the office administrative powers or functions of a Mayor under the
general laws of the state per Idaho Code. He or she shall have no regular administrative
duties, but in time of public danger or emergency, if so authorized by ordinance, shall
take command of the police, maintain law, and enforce order. In addition to the powers
conferred upon him or her as Mayor, he or she shall continue to have all the rights,
privileges, and immunities of a member of the Council. See IC 50-809 and Title 1,
Chapter 8, for a complete description of the duties of the Mayor.
1.3.4. Citizen Volunteers Play an Important Role
For citizen advisory committees, boards and commissions, the Council shares the role
with the staff of seeking and interviewing volunteers, and appoints citizens to these
committees, boards and commissions; see MCC 1.10.3.
City of McCall Manual of City Governance Page 2
1.3.5. The Role of Council President
Councilors select the Council President, who presides at meetings and coordinates with
City Manager when the Mayor is unavailable or absent.
1.3.6. Service on Regional Bodies is Shared Among Councilors
The Council selects individual Council liaison roles based on the desire, qualifications,
and skills of interested Councilors.
1.3.7. Representatives of City Act in Accordance with City Policies
It is a duty of staff and Council who represent the City to advocate positions that are
consistent with City policies, projects, and plans.
1.3.8. Councilors Serve in Liaison Roles to Community Organizations
Council approves liaison duties to community organizations for arts, human services,
business community, tourism organizations, etc., based on desire and qualifications.
1.3.9. Councilors Have Opportunity to be Leaders and Innovators
One or more Councilors may "sponsor" an ordinance or resolution, including
amendments to any City codified ordinance.
1.3.10. Council is Mindful of Limited Resources
Council expense reimbursement is limited to the current budget; travel and other
expenses must be supported by receipts; and may be subject to other limits on type and
amount.
1.3.11. Council Authorizes Certain Grant Applications before Submittal
If a grant acceptance would require material matching dollars or may impact policy, the
Administration will seek Council approval prior to applying for a grant. The
Administration will bring all grant opportunities it becomes aware of to the full Council.
The Council may also initiate the process of pursuing a grant.
1.4. Efficiency and Effectiveness of Council Decision -Making
1.4.1. Council Makes Effective Use of Time
Council differentiates among four types of public meetings:
(1) Goal -setting retreats;
(2) Work Sessions (and single -issue workshops);
(3) Regular or business meetings;
(4) Public communications meetings and forums.
1.4.2. Provide More Effective Opportunity for Public Interaction
Communication with public is more interactive in Work Sessions or Communication
Meetings than in Regular Meetings (where the 3-minute public comments process shall
apply).
City of McCall Manual of City Governance Page 3
1.4.3. Council's Regular Meetings Will Be Efficient and Businesslike
The information exchange, review, deliberation and vetting of issues during a prior Work
Session enables Council Regular Meetings to be expeditious.
1.4.4. Effective Decision Making Requires Finality
Parliamentary Rules shall limit the prerogative to reconsider a Council decision; effective
decision making results in finality and "moving on".
1.4.5. Council Dialog Calls for "Sticking to the Point"
The Presiding Officer's role, especially at a Regular Meeting, is to keep Council business
focused and expeditious.
1.4.6. Council Meeting Agendas Are Set by a Team
Agendas for Council Meetings are generally developed and refined by the Administration
and are then arranged by the City Manager and City Clerk in consultation with the
Council. The next Council Meeting Agenda will be discussed at the end of each meeting
to provide approval prior to being publicly posted. Items for Work Session worksheets
(agendas), or other types of Council Meetings, are submitted to the City Clerk, Mayor, or
City Manager and after further staff review as needed are finalized by the Mayor and/or
Council President for public notice and distribution.
1.5. Functioning of City Manager and Staff
1.5.1. ICMA Standards are Respected
City leaders respect the International City/County Manager Association (ICMA)
standards (e.g. ICMA Code of Ethics) and the City Manager's employment contract
terms and conditions. See Exhibit D
1.5.2. Council -Manager Governance Depends on a Strong City Manager Role
The City Manager, as the Chief Administrative Officer of the City, prepares the proposed
budget; administers code and policy; appoints and removes City employees; and carries
out policies and procedures adopted by the Council.
1.5.3. Regular and Understandable Financial Reporting
The City's regular financial reports enable the Council and community to understand the
City's financial condition and are in harmony with accounting standards for
governmental organizations, applicable law, and municipal best practices, taking into
account brevity, cogency, salience, and clarity.
1.5.4. Council and Administration are Mindful of Risk Management
There is a periodic review of risk management with ICRMP (Idaho Counties Risk
Management Program). The Council may empower the City Manager with a dollar
authority level to settle minor disputes while keeping the Council informed of such
decisions.
City of McCall Manual of City Governance Page 4
1.5.5. Public Information is Enhanced by Audio, Website and Notes
There is a full audio recording available for each Council Meeting; however, recordings
of the proceedings of an executive session are not made (see 3.7.5). Minutes of meetings
are concise and are approved by the Council and posted online in as timely a manner as
possible.
Article 2: DEFINED TERMS AND BASIC RULES
2.1. Types of Governing Bodies, and Advisory or Supporting Groups
2.1.1. City Council (or "Council")
The Council consists of five (5) Officials, each elected to four-year terms. The terms are
staggered with two (2) or three (3) having terms expiring at the end of odd -numbered
years. Individual Councilors do not have governing power as individuals, but only when
meeting as a Council, when a quorum (three or more) is present. A special-purpose
meeting of the Council when a quorum is present is sometimes referred to as a Meeting
of the Committee of the Whole.
2.1.2. Council Standing Committee
A Council Standing Committee consists of Councilors (not more than two, approved by
the full Council for a calendar -year term), established by Resolution, with staff support
appointed by the City Manager. The Council may, but is not required to, establish one or
more Standing Committees. A Standing Committee is a body with no established
expiration date, and which has jurisdiction over a Council -prescribed ongoing policy
area, such as finance. The purpose of a Standing Committee is to perform oversight
functions in the prescribed area, and to develop and recommend actions in that area to the
Council.
2.1.3. Council Ad Hoc Committee
An Ad Hoc Committee is a temporary committee established by Resolution by the
Council to investigate and advise Council on a specific policy or issue for future Council
action, or to develop a legislative or policy proposal for Council on a particular topic. The
Council determines the purpose of an Ad Hoc Committee at the time of establishing it.
The Council may appoint no more than two Councilors to an Ad Hoc Committee, and, if
applicable, one or more citizens or subject matter experts who are not City employees.
Furthermore, each Ad Hoc. Committee shall include the City Manager (or his/her
designee) and any City staff that the City Manager chooses to assign to the Committee.
An Ad Hoc Committee shall sunset upon completion of the Council -assigned task.
2.1.4. Citizen Board, Citizen Committee or Citizen Commission
As defined by ordinance or resolution, a citizen board, committee or commission is
generally a standing (rather than temporary) body with prescribed authority to perform a
recurring advisory or decision -making role on behalf of the City as a municipal
corporation. The list of such bodies, as that list may be amended from time to time, is
found in Exhibit B. Procedures and rules that apply to such bodies are described in
Article 5: Citizen Committees, Boards, and Commissions.
City of McCall Manual of City Governance Page 5
2.1.5. Citizen Advisory Committee
A Citizen Advisory Committee consists of a group of citizens, established, and appointed
by the Council or by the City Manager, which is tasked with the responsibility of
advising the appointing body or Manager regarding some activity or pending decision of
City government. Such a committee is normally formed on an ad hoc temporary basis to
advise either the Council or City Manager (or a Council standing or ad hoc committee)
on a particular topic relating to City legislation, policy or practices, or the means to carry
out a proposed project or City activity. The list of such bodies, as that list may be
amended from time to time, is found in Exhibit B.
2.1.6. Steering Group
The City Manager and/or the Council may establish a Steering Group to perform a
temporary ad hoc task or project prescribed by the Council or the City Manager — such as
organizing one or more forms of citizen engagement on a public issue, or providing
direction and oversight for the implementation of a City project or program.
2.1.7. Small Task Group
The Council may, from time to time, create and appoint members to a small task group
for the purpose of examining issues and making recommendations important to the City
but not requiring the more formalized process of a larger task group, which may require a
steering committee. The small task group may consist of one or more Councilors, one or
more citizens, or experts familiar with the issue or project, and the City Manager (or
designee). In all cases, the instrument appointing a task force shall set forth a clear task
assignment and a method of "sun -setting" the group upon completion of the task.
2.1.8. Multi -Agency or Regional Task Group
When a major regional effort involves key agencies outside of City government but vital
to a project's coordination, the Council may create or join by motion, resolution, or
intergovernmental agreement adopted by the Council, an appropriately named multi -
agency or regional task group (and may create a Steering Group to guide the task force
effort). Membership shall consist of one (possibly two) Councilor and/or the City
Manager (or designee), typically one representative from each partner agency, and, if
applicable, representation from any private, consultant or non-profit agency with a key
interest or resource vital to the issue or project. An example of such a Group is the
Valley County Economic Development Council (VCEDC).
2.1.9. Scalable Public Process Planning System:
For public issues of high interest or high impact, and/or those that require a lengthy
public process, a Public Process Steering Group may be formed. For issues that are less
controversial, have less far-reaching impacts, and/or are suited to a shorter process, an Ad
Hoc Committee or Task Force may be more appropriate. The purpose of the committee,
task force, or steering group is to strategize and facilitate appropriate public process for a
particular community subject or issue. See Exhibit C for more details on the use of this
Scalable Public Process Planning System.
A Public Process Steering Group typically consists of one or two Councilors, the City
Manager (or designee), and the City Clerk. The Councilor(s) shall be appointed by the
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Mayor and confirmed by Council. The City Manager shall appoint additional staff as
needed to provide technical support, and may appoint one or more citizens to provide
community input. Representatives of outside agencies may also be included where
appropriate. These appointments shall identify the task(s) of the Steering Group. The
group shall "sunset" when the task is completed.
The committee, task force, or steering group shall serve as a collection point for
information and activity pertaining to the task or issue assigned and shall advise on the
design for public processes. Public process activities may incorporate a range of tools
such as press releases, newspaper columns, Q & A's, fact sheets, presentations to
community organizations, focus groups, neighborhood meetings, ward meetings and
public forums, as described in the City's public participation guidelines. The Council
Liaison will inform the Council of the group's activity at Council Meetings (when
appropriate).
2.1.10. Nonprofit Service Agency
A nonprofit organization may perform a function for the City as defined by contract with
the City or as prescribed by ordinance. Examples of nonprofit entities designated by
ordinance are: the Library Board of Trustees (for oversight of the City Library as
provided in IS 33, Chapter 26) and the McCall Arts and Humanities Council (for
recommendations regarding the Cultural Elements of the Comprehensive Plan).
2.2. City Officials and Adjudicators
2.2.1. Mayor
See the definition and duties stated in Article 4.3.
2.2.2. Council President
See the definition and duties stated in Article 4.4.
2.2.3. Presiding Officer
The term Presiding Officer means the Councilor who is to chair, or is in fact chairing, a
Council Meeting. Unless otherwise stated in the meeting agenda, the Presiding Officer
shall be the Mayor unless the Mayor is absent, in which case the Presiding Officer shall
be the Council President (or, in the absence of both, the Councilor who is elected by the
quorum to preside at the meeting).
2.2.4. City Manager
See the definition and duties stated in Article 6: City Administration.
2.2.5. Appointive Officers
The City's Appointive Officers consist of the City Manager and those persons (who may
or may not be City employees) who occupy any of the appointive offices stated in MCC
Title 1, Sections 1.9.3 and 1.9.9.
2.2.6. Council Liaison
With Council approval, a Councilor may serve for two calendar years as the Council's
Liaison (i.e. representative), to an organization. A Liaison is responsible for facilitating
communication, collaboration, and coordination with the designated organization, and
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with regular reporting and accountability to the Council. There are typically Councilor
Liaisons to four types of organizations:
2.2.6.1. A county -wide or regional policy or governing body or intergovernmental
organization (such as the Valley County Economic Development Council);
2.2.6.2. A community organization (such as an arts, business or social service
organization, such as the McCall Chamber of Commerce);
2.2.6.3. A governing or inter -agency board functioning in the City (such as the
McCall Redevelopment Agency); and
2.2.6.4. A citizen board, commission or committee of the City,
2.3. Types of Meetings of Council
2.3.1. Regular (or Business) Meeting
A Regular Meeting of the Council is a meeting convened on a regular series of dates (and
at a time) adopted by Ordinance of the Council at the first meeting of the calendar year.
At a Regular Meeting, the Council may conduct any business stated on the agenda that is
publicly posted prior to the meeting, or the Council may approve additions or deletions to
the agenda at the meeting in accordance with State statute.
2.3.2. Special Meeting
Special Meetings are Council Meetings scheduled for a date or time other than the time
prescribed by ordinance for a Regular Meeting. At a Special Meeting, the Council may
conduct any business stated on the agenda that is publicly posted prior to the meeting, or
the Council may approve deletions or additional items for discussion to the agenda at the
meeting in accordance with State statute.
2.3.3. Work Session
A Work Session is a Special Meeting of the Council that is generally held in a more
informal manner or setting than a business meeting, and where the purposes may be, for
example:
2.3.3.1. To study, deliberate or review one or more topics or emerging issues for
potential action at a future date,
2.3.3.2. To vet the status of matters that are intended to be presented on the agenda
of an ensuing business meeting unless exceptional circumstances apply,
2.3.3.3. To engage in public comment or dialog, or
2.3.3.4. To participate in presentations with City staff or other subject matter
experts.
In general, final votes are not taken at a Work Session, but there are commonly
procedural votes on the disposition of various matters.
Any Regular or Special Council Meeting may contain a "Work Session".
City of McCall Manual of City Governance Page 8
2.3.4. Public Hearing on Ordinance
A formal public hearing as is required by statute or City ordinance as a portion of the
prescribed public process for the Council's adoption of the City budget, the City's Capital
Facilities Plan, a Zoning Ordinance change, adoption of and revision to a Development
Agreement, and certain other legislative actions. In such a case, a public hearing is
conducted according to Idaho Code. The public hearing typically occurs during a publicly
noticed portion of a regular or Special Meeting of Council, where the time of the hearing
has been stated in the prior public notice. See Article 8.8.
2.3.5. Public Hearing on Quasi -Judicial matter
Certain Council reviews and actions that are akin to a judicial decision affecting a
particular party or a particular set of one or more properties require that the Council
conduct a formal public hearing of a "quasi-judicial" kind. Such a hearing is typically
conducted by Council during a prescribed portion of a regular or Special Meeting, and is
performed in such a manner as to establish a clear record of proceedings, facts presented
and the decision process according to judicial standards. A detailed discussion of quasi-
judicial hearings can be found in Article 8.13.2.
2.3.6. Retreat
A retreat is generally a Special Meeting called for the purpose of very informal
discussion dealing with goals, objectives, and guidelines for future activity of the
organization. At a retreat, the Council may, for example, develop goals and objectives for
its own organization for the year, consider priorities for the Council work plan, or set
goals for the City Manager which may be elements of an annual performance evaluation.
Although a detailed listing of the City's activity plan for a coming year may result from
informal consensus, formal adoption will be made in a regular Council Meeting by
motion or resolution.
2.4. Types of Public Participation in Government
2.4.1. Public Comment Period at Regular Meetings
At Council Regular Meetings, the agenda may include a period of time known as the
Public Comment Period. Within that time period, any member of the public may be
recognized by the Presiding Officer and may address the full Council on any public issue.
Unless Council determines otherwise, the Public Comment Period at a Regular Meeting
is reserved for comments by the public rather than responses from Council or
Administration. Public comments on specific agenda items may be accepted at that point
during the meeting. For further guidelines, see Articles 4.7 (Respect and Decorum) and
8.11 (Procedures for Public Comment at Business Meetings).
2.4.2. Interactive Dialog with the Public at Work Sessions
At Council Work Sessions, the Presiding Officer shall determine the manner in which
public comments and dialog are to be invited, depending on the nature of the Work
Session and the amount of time available. In general, the Presiding Officer may allow
more flexibility in accommodating comments and dialog on agenda matters under
discussion than is generally allowed at a Regular Meeting, and the Presiding Officer may
City of McCall Manual of City Governance Page 9
allow responses and interactive dialog with Councilors, the Administration and/or other
presenters.
2.4.3. Other Meetings with the Public Outside of City Hall
The Council may organize other meetings with the public in various forums outside of
City Hall — in various settings such as public forums, neighborhood meetings,
presentations to community organizations, ward meetings, town halls, and so on. In such
settings, the meeting shall ideally include one or more Councilors and one or more
members of the Administration.
2.4.4. Public Forum
When major public policy development warrants, and after adequate preparation of issues
and alternatives, the Council, or a Steering Group, (see Articles 2.1.6 to 2.1.9) may
conduct public forums to help develop a public consensus on the issues. The general
procedure would be to provide basic information, to explore alternatives and options and
to receive verbal and written public comments. The convening Steering Group shall
summarize the conclusions and/or recommendations of such forums for presentation to
the City Council prior to the customary City Council deliberations (i.e., agenda actions,
public hearings, etc.) which could normally result in final action. The procedures are
further illustrated in Exhibit C.
2.4.5. Additional Avenues for Public Participation
Public process activities may also incorporate a range of tools such as press releases,
newspaper columns, fact sheets, questions, and answers (Q&A's), etc. as may be
described in the City's documents and guidelines pertaining to public participation in
various projects and processes.
2.4.6. Committees and Other Citizen Participation Opportunities
For descriptions of other potential participation opportunities for citizens which relate to
City governance, see Articles 2.1.3 to 2.1.9.
2.5. Types of Governing Actions
2.5.1. Motion
An adopted motion is a form of action taken by the Council to direct that a specific
course of action be taken or executed on behalf of the municipality. A motion is similar
to a resolution, but is generally much shorter and worded in a more informal manner than
a resolution. A motion, once approved and entered into the record, is the administrative
equivalent of a resolution in those instances where a resolution is not required by law,
and where such motion is not in conflict with existing State or Federal statutes, City
ordinances or resolutions.
2.5.2. Resolution
An adopted resolution is an administrative act which is less formal than an ordinance and
is a statement of legislative policy or direction concerning matters of special or temporary
character. Council action shall be taken by resolution when required by law or in those
instances where it is desired to prepare an expression of legislative policy that is more
comprehensive or more meticulously worded than a motion. While resolutions are often
City of McCall Manual of City Governance Page 10
just a statement of policy, a resolution may have the force of law (e.g., a resolution
setting permit fees, or a resolution declaring certain City property to be surplus). See
Exhibit G for examples as defined by AIC.
2.5.3. Ordinance
An Ordinance is a formal legislative act of the Council and should be used whenever the
Council intends to pass a regulatory measure. Council action shall be taken by ordinance
when required by law, or where prescribed conduct may be enforced by penalty. An
ordinance is a legislative act within its sphere as much as an act of the State Legislature.
The general guiding principle is that actions relating to subjects of a permanent and
general character are usually regarded as legislative and should be addressed through an
ordinance, and those providing for subjects of a temporary and special character are
regarded as administrative and should be addressed through a resolution. See Exhibit H
for examples as defined by AIC.
2.5.4. Comprehensive Plan Amendment
Such an amendment is a legislative act in which the Council amends all or part of the
Comprehensive Plan after the Planning Commission has deliberated, held public
hearings, and made recommendation(s) to the Council. The Council likewise may hold a
public hearing before passage; see Title 3, Zoning Ordinance, Chapter 18.
2.5.5. Budget Adoption or Amendment
Legislative acts adopting or amending the budget document for the City on an annual
basis. Although the budget is a maximum spending plan, it must be managed by the City
Manager to operate within actual revenue received for each fund during the fiscal year.
2.5.6. Capital Improvement Plan (CIP) Adoption or Amendment
The CIP is a six (6) to ten (10)-year plan which is a companion to the budgeting process
and which establishes priorities for construction or replacement of capital facilities and
equipment of the City.
2.5.7. Quasi -Judicial Ruling
Such a ruling is similar to a "judicial act" taken by an agency or authority that is not
constituted as a "court" of law. A quasi-judicial ruling is an administrative ruling made
by the Council, Hearing Examiner, or Planning Commission wherein the process and
facts to be heard and judged are prescribed by regulatory laws or ordinances and, as such,
is appealable to a higher authority or court of law.
2.5.8. Best Practices
Best Practices, as used in this manual, means methods of conducting certain activities of
local government which have become widely accepted standards for a given local
government activity. Best practices are often imported as a result of professional
networking or from another similar agency which discovered a way to "do it better".
2.5.9. Doing Things Right
While not defined in law, this phrase, as used in this manual, is an aspiration based on
two criteria: (i) seeking out, and conforming to, the correct policy path for an action; and
City of McCall Manual of City Governance Page 11
(ii) seeking out and emulating the best practices compatible with the activity,
organization, and culture.
Article 3: STANDARDS OF CONDUCT
3.1. Sources and References
In this Article, the following references are frequently cited as sources of law or explanations
of applicable law and standards of conduct:
3.1.1. Association of Idaho Cities (AIC) and several publications issued by the Attorney
General of the State.
3.1.2. AIC "The Nature and Powers of Cities" Manual
3.1.3. AIC "Conflict of Interest and Ethics Guidelines" Manual
3.1.4. AIC "Roles and Responsibilities" Manual
3.1.5. "IC": Idaho Code, as revised.
3.1.6. "MCC": Codified Ordinances of the City of McCall (or McCall City Code)
3.2. Standards of Conduct for Officials under Idaho Law
A summary of various Idaho state statutes and case law that impose duties and standards of
conduct on a City's elected and non -elected Officials can be found in the publications of the
Attorney General and the AIC. For a summary of ethical standards of conduct under City
ordinance, see, for example, Article 3.9 and the sections which follow it.
3.3. Oath of Office
A Councilor, when sworn into office by the City Clerk, must take and subscribe an oath in
accordance with Idaho Code. Those being sworn -in stand, raise their right hand, listen as the
oath is read and say "I do" or "I will" at the end of the oath. Each Official then signs a paper
copy of the oath of office, which is also signed by the City Clerk and is kept by the City as an
Official record.
The City Manager, Officers, and certain other City employees (such as Police Officers) in
key positions are likewise considered City Officials and, when hired or promoted to officer
status, are likewise sworn in with a similar oath. The City Clerk, an officer, may be sworn
into office by the Mayor or the City Manager.
3.4. Public Trust
Public trust is a guiding concept for the Council and City employees with state statutes
relating to avoidance of conflict of interest in contracting and in the Open Public Meetings
Act. The citizens and businesses of McCall are entitled to have a fair, ethical, and
accountable local government that has earned the public's full confidence for integrity. In
keeping with the City of McCall's Commitment to Excellence, the effective functioning of
democratic government therefore requires that: (i)Public Officials, both elected and
appointed, comply with both the letter and spirit of the laws and policies affecting the
operations of government, (ii)Public Officials be independent, impartial and fair in their
judgment and actions; (iii)Public office be used for the public good, not for personal gain;
City of McCall Manual of City Governance Page 12
and (iv)Public deliberations and processes be conducted openly, unless legally confidential,
in an atmosphere of respect and civility.
3.5. Stewardship of Public Funds
The state law imposes the highest of duties on public Officials who are custodians of public
funds, such as treasurers. By analogy, there are provisions of law that impose other high
standards for public funds on City Officials generally, such as: (i) the State Constitution's
prohibition against making gifts to an individual or a for -profit or nonprofit corporation or
association; (ii) the state law prohibitions against using public facilities or property for
political campaign purposes; and (iii) state law requirements for bidding of public works
projects and for the giving of notice when seeking suppliers for other major purchases.
3.6. Conflicts of Interest under State Law
A Councilor may not vote on a matter where they would especially benefit. And, with some
exceptions noted below, Idaho law forbids City Officials from having a financial interest in a
City contract, regardless of whether or not they vote on the matter.
3.6.1. State Code of Ethics
The IC Title 9, Chapter 7, the "Ethics in Government Act of 1990", includes a Code of
Ethics for state and local Officials that generally prohibit (with some specified
exceptions) four types of conduct by a City Official. See also the "Idaho Ethics in
Government Manual (August 2008)".
3.6.1.1. Using one's City Official position to obtain special privileges for oneself
or others;
3.6.1.2. Giving or receiving a gift in connection with a City matter;
3.6.1.3. Accepting employment or engaging in a business that would require
disclosing confidential information gained as a City Official; and
3.6.1.4. Disclosing confidential information gained as a City Official, or using
such confidential information for personal gain.
Legal advice should be sought on such questions as:
3.6.1.5. Is a very small gift, such as a coffee, small enough as to be "de minimus"
and therefore not intended to be prohibited?
3.6.1.6. Should a gift from an out of town dignitary be handed over from an
Official to the City as a whole?
3.6.1.7. Under what circumstances can an Official accept expense -paid travel to a
meeting or a fact-finding visit?
3.6.2. Prohibition against Private Interest in a Public Contract
The IC Title 67 broadly prohibits the following conflicts of interest regarding a City
contract:
3.6.2.1. Except as provided by section 67-5718 no officer or employee shall
influence or attempt to influence the award of a contract to a particular vendor, or to
deprive or attempt to deprive any vendor of an acquisition contract.
City of McCall Manual of City Governance Page 13
3.6.2.2. No officer or employee shall conspire with a vendor or its agent, and no
vendor or its agent shall conspire with an officer or employee, to influence or attempt
to influence the award of a contract, or to deprive or attempt to deprive a vendor of an
acquisition award.
3.6.2.3. No officer or employee shall fail to utilize an open contract without
justifiable cause for such action. No officer or employee shall accept property which
he knows does not meet specifications or substantially meet the original performance
test results.
3.6.3. Limitations on Holding Multiple Offices
There are state law prohibitions against an Official appointing him or her to a second
office or employment with the City ("dual office holding"), and there are certain
combinations of public office that are considered to be incompatible and therefore not
eligible to be held concurrently.
3.7. Open Public Meetings under Idaho Law
The Open Public Meetings Act (OPMA) is summarized in IC 67-2340 through 67-2347 and
is also described in greater detail in the publication, "Idaho Open Meetings Law Manual".
3.7.1. All Deliberations and Actions Must Be At Noticed Public Meetings
As stated in the Open Public Meetings Act (OPMA):
"The people of the state of Idaho in creating the instruments of government that serve
them do not yield their sovereignty to the agencies so created. Therefore, the legislature
finds and declares that it is the policy of this state that the formation of public policy is
public business and shall not be conducted in secret."
3.7.2. Applies to All Public Agencies of the City
The OPMA applies to all Public Agencies of the City, which may mean that a City board,
commission, or similar entity created by or pursuant to state or local legislation is subject
to elements of the OPMA, such as the Planning and Zoning Commission. The "Idaho
Open Meeting Law Manual" states that a "governing body" to which the OPMA applies
includes a committee of the Council or other governing body "when the committee acts
on behalf of the governing body, conducts hearings, or takes testimony or public
comment." The OPMA does not apply to court proceedings, quasi-judicial proceedings
(such as Civil Service Commission hearings), or collective bargaining and related labor
relations meetings. It does not apply to purely social meetings where City business is not
discussed.
3.7.3. Two Kinds of Meetings: "Regular" and "Special"
A "Regular" Meeting is one with regular dates, times and locations set by ordinance,
resolution, or rule. Any business may be conducted at a Regular Meeting, but IC 67-2343
states that:
An agenda shall be required for each meeting. The agenda shall be posted in the same
manner as the notice of the meeting. An agenda may be amended, provided that a good
faith effort is made to include, in the original agenda notice, all items known to be
probable items of discussion.
City of McCall Manual of City Governance Page 14
3.7.3.1. If an amendment to an agenda is made after an agenda has been posted but
forty-eight (48) hours or more prior to the start of a Regular Meeting, or twenty-four
(24) hours or more prior to the start of a Special Meeting, then the agenda is amended
upon the posting of the amended agenda.
3.7.3.2. If an amendment to an agenda is proposed after an agenda has been posted
and less than forty-eight (48) hours prior to a Regular Meeting or less than twenty-
four (24) hours prior to a Special Meeting but prior to the start of the meeting, the
proposed amended agenda shall be posted but shall not become effective until a
motion is made at the meeting and the governing body votes to amend the agenda.
3.7.3.3. An agenda may be amended after the start of a meeting upon a motion that
states the reason for the amendment and states the good faith reason the agenda item
was not included in the original agenda posting."
A "Special" Meeting is a meeting other than a "Regular" Meeting, which may be called
by the City Manager or a majority of Councilors. The notice of a Special Meeting must
be posted at least twenty-four (24) hours prior to the meeting, and must state the items of
business on the agenda. Unless an exception applies, the Council may not add to the
agenda of a Special Meeting without giving twenty-four (24) hours notice of the added
item.
3.7.4. Open to the "Public"
Under IC 67-2342, all persons must be permitted to attend a public meeting except unruly
persons. Attendance may not be conditioned upon registration or similar requirements.
The Act does not prohibit a requirement that persons identify themselves prior to
testifying at hearings.
A governing body shall not hold a meeting at any place where discrimination on the basis
of race, creed, color, sex, sexual orientation, gender identity, age, or national origin is
practiced.
In cases of disorderly conduct, disorderly persons may be expelled, and if that is
insufficient to restore order, the meeting place may be cleared and/or relocated. However,
non -offending members of the news media may not be excluded.
3.7.5. Executive Sessions
An "executive session" is a portion of a public meeting that is conducted on a topic that is
permitted by law to be discussed by a governing body or sub -agency in a non-public
setting. Per IC 67-2345:
"The motion to go into executive session shall identify the specific subsections of this
section that authorize the executive session. There shall be a roll call vote on the motion
and the vote shall be recorded in the minutes. An executive session shall be authorized by
a two-thirds (2/3) vote of the governing body." (See Exhibit E)
Councilors shall not disclose confidential information learned or confidential documents
provided during an executive session unless waived by the full Council.
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3.7.6. Unintended Meetings; Electronic Meetings
An unintended meeting may occur in violation of the OPMA if, without the requisite
public notice, a quorum or more of a public body or sub -agency meets for an in -person or
telephonic discussion, conducts an interactive email discussion of City business or
conducts a "serial" meeting in which a Councilor meets or discusses with another
member in sequential fashion, one after another. (See 3.8.2 below for more discussion of
email).
3.8. Open Government and Public Records
3.8.1. Purpose of the Public Disclosure Law
"The intent of the law is that all records maintained by state and local government entities
be available for public access and copying. At the same time, the Legislature recognized
the need to balance this policy of openness against the equally important need for privacy
of certain information provided by citizens and businesses that is necessary for the
conduct of the government's business. This balance is contained in Idaho Code § 9-338,
which states that "all public records in Idaho are open at all reasonable times for
inspection except as otherwise expressly provided by statute."
See IC 9-337 through 9-350 and the "Idaho Public Records Law Manual".
3.8.2. Emails and Other Electronic Records
Under the state law definitions (above), an email (or an entry on a website, blog, twitter
or a social media internet site) is a "writing", and it is likewise a "public record" if it
meets the definition above.
3.8.2.1. Policies on Email Platforms
In recognition of the desire to maintain open and transparent government, and to support
the City's duty to accessibly store and archive electronic public records, it is hereby the
policy of the City that in the case of each email that contains information relating to the
conduct of the government or the performance of any governmental or other City
function, Councilors shall:
3.8.2.1.1. Take all reasonable steps to ensure that each such email sent or
received by him or her is sent or received on the City -maintained email system
utilizing the individual's email address at mccall.id.us, and
3.8.2.1.2. Cease utilizing any private, public or proprietary email service
other than the City's, for the sending or receiving of any such emails that meet the
definition of public records, and
3.8.2.1.3. Establish an automatic reply message on any email service
previously used for a Councilor's public email correspondence, to automatically
advise any email sender that any and all emails pertaining to City matters are to
be sent to the Councilor at the City -provided email address.
3.8.2.1.4. Each Councilor who has been advised by the City Clerk to assist
the City in preserving a copy of his or her emails pertaining to the work of the
governing body shall abide by the City's Email Retention Policy.
City of McCall Manual of City Governance Page 16
3.8.2.2. Policies on Email Practices
It is hereby the policy of the City that with respect to any email sent by a Councilor that
contains information relating to the conduct of the government or the performance of any
governmental or other City function, the email shall not be sent or copied to more than
one other Councilor (so as not to violate the Open Public Meetings Act), and any
Councilor who receives such an email shall not forward the email to any other Councilor.
3.9. Ethics in the City of McCall
It is hereby the policy of the City that all officers and permanent or temporary employees,
including those under contract to the City, will adhere to the tenets of the ICMA Code of
Ethics and sections of the IC as referred to in the "Ethics in Government Manual".
3.10. Duties to Act Consistently with City Policy When Representing City
Elsewhere
Both elected City Officials and non -elected City Officials are frequently called upon to
participate in policy bodies and decision -making forums at the county and regional level. It is
hereby the policy of the City that, whenever any City Official (whether elected or staff) is
directly or indirectly representing the City on a policy making or decision -making body at the
county or regional level, it shall be the duty of that individual to act in a manner consistent
with the interests of the City, as embodied in City policy, budget, capital facilities plan or
other action of Council or specific directive of the Council.
3.11. Role of City Attorney
The City Attorney's ultimate client is the City itself — a municipal corporation. The City
Attorney's relationship to the local government is similar in a number of respects to that of
an attorney who represents a corporation. In that capacity, the City Attorney provides legal
advice to the City Council, the City Manager, the Department Managers, and other City staff.
The City Attorney may represent the City in actions brought by or against the City or against
City Officials in their Official capacity. However, other attorneys may be employed to handle
specific cases because of the nature of the case, because the City Attorney has a conflict or
other reason he or she cannot become involved, or due to limited resources of the City
Attorney's office. In rare cases, the City Attorney may have a conflict and not be in a
position to advise both the City Council and the City Manager.
In those rare cases where either the City Council or the City Manager perceive such a
conflict, the City Attorney should be consulted directly in order for him or her to make a
decision about whether it is possible for the City Attorney to adequately represent the City in
that situation. If the City Attorney determines that he or she cannot do so, then it is the
responsibility of the City Attorney to secure alternate legal assistance.
The City Council cannot prohibit the City Manager from having access to the City Attorney's
advice. For reasons of efficiency or cost effectiveness, the Council may decide that certain
legal questions should be channeled to the City Attorney through the City Manager to ensure
that questions are clearly worded and communications back to Council are consistent.
The Council can determine as a policy matter whether the City shall obtain legal advice from
the City Attorney or by reliance on another law firm.
City of McCall Manual of City Governance Page 17
3.12. Process for Officials to Question the Legality of City Actions
City Officials, including elected Officials, may be indemnified by the City (or by insurance
purchased by the City) for actions taken by an Official within the scope of his or her duties.
An Official should therefore take care to act within the scope of his or her duties and not
cause City or personal liability by virtue of individual actions taken in the absence of legal
advice.
An unfounded assertion by a City Official that the City is acting in violation of law can cause
undue risk and liability to the City, and may therefore constitute a breach of that Official's
duty to the City. Therefore, it is hereby the policy of the City that the following steps shall be
followed if a City Official questions the lawfulness of the conduct (or proposed conduct) of
the City, or of any of its Officials or staff.
1. Consult the City Attorney and fully describe the facts and issues which raise a question
of illegality.
2. If the advice of the City Attorney does not resolve the concern, consult the City
Manager.
3. If steps "1" and "2" do not resolve the concern, the Official may request an executive
session of the full Council and if the matter rises to the level of presenting a risk of
litigation.
4. Prior to completing steps "1" through "3", it is a violation of the Official's duty to the
City to assert in public the opinion that the City is in violation of law.
3.13. Conduct of Officials with Regard to Litigation brought against City
It is hereby the policy of the City that, once an individual or organization has filed a legal
proceeding against the City, a City Councilor shall not engage in discussions or other
communications with such individual (or the officers or directors of the organization) about
the subject of the lawsuit without first disclosing the intent to do so to the Council and the
City Attorney, either in public or in executive session. It is also hereby the policy of the City
that its conflict of interest rules shall apply to elect Officials with regard to individuals or
organizations threatening or pursuing a lawsuit against the City.
3.14. Prohibition against Making Gifts of Public Funds
Article VIII, section 4, of the Idaho State Constitution states:
"No county, City, town, township, board of education, or school district, or other
subdivision, shall lend, or pledge the credit or faith thereof directly or indirectly, in any
manner, to, or in aid of any individual, association or corporation, for any amount or for any
purpose whatever, or become responsible for any debt, contract or liability of any individual,
association or corporation in or out of this state."
The Idaho Supreme Court has not directly addressed whether public funding of private non-
profit entities is a violation of the public purpose doctrine, but it very likely is a violation.
The Idaho Attorney General's Office (AGO) issued an opinion on whether the State of Idaho
could "loan" employees to a private charity, the United Way, for eight weeks to assist with
fundraising. The opinion concluded that this activity would violate the public purpose
doctrine because a state resource, employees paid with state funds, was used to benefit a
City of McCall Manual of City Governance Page 18
private entity under private control. This gave favored status to a private enterprise at the
expense of other organizations. See AGO 1995-0-0007 (November 1, 1995).
A City may contract with private organizations to provide services to the public, if those are
services that the City is authorized to provide. The private organization provides the services
in question as an agent or contractor for the City. For instance, a City, having authority to
provide recreational programs for its residents, may do so by contracting with a youth agency
or senior citizens' organization to operate recreational programs for those groups, under
appropriate City supervision. The contract should be carefully drawn, however, so that the
program or project remains the City's own operation and is not an unlawfully broad
delegation of City authority, or grant of City funds, to a private agency. Payments should be
made pursuant to vouchers reflecting the satisfactory performance of services.
3.15. Separate Accounting of City Funds
With regard to the City's three enterprise services funds — namely, the two utility funds (i.e.,
Water and Wastewater Utilities), and the Golf Course Fund -- it is the policy of the City: (i)
to separately account for each of the funds; and (ii) to ensure that fees and charges collected
from a customer of any such enterprise is not used to subsidize another enterprise fund or the
general operations of City government.
Nothing in this policy is intended to either: (i) prohibit an enterprise fund from paying its
duly allocated share of direct or indirect costs or its reasonable allocation of City overhead
costs, periodically examined by the State Auditor; or (ii) prohibit the imposition of a tax on
the utility funds.
3.16. Duty to Avoid Interfering with City Manager's Role with Staff
Neither the Council nor any Councilor shall interfere with the authority of the City Manager
to appoint and remove any and all department heads, officers, and employees of the City
(except Councilors), subject to the provisions of applicable law, rule, or civil service
regulation. For example, IC 50-808 assigns to the Council the power to confirm all
appointments of department heads by the City Manager. Also, neither shall the Council or
any Councilor give orders to any subordinate of the City Manager.
3.17. Immunity and Indemnification of Officials for Individual Actions in Good
Faith
An appointed or elected Official or employee or appointed volunteer of the governing body
of a public agency is immune from civil liability for damages for any discretionary decision
or failure to make a discretionary decision within his or her Official capacity, but liability
shall remain on the public agency for the tortuous conduct of its Officials or members of the
governing body.
It is important to note that an Official's immunity applies solely to actions taken within the
scope of their duties in the course of performing the responsibilities of the position.
The City is insured through the Idaho Counties Risk Management Program (ICRMP), which
provides broad coverage for damage claims and/or lawsuits brought against the City and its
Officials. If a damage claim involves a covered claim against a City Official, then ICRMP
will retain legal counsel to defend the City Official and will generally pay any resulting
judgment or settlement amount. Please note ICRMP coverage is only available if the
City of McCall Manual of City Governance Page 19
situation is the result of a City Official acting within the scope of her or his Official duties
and (if the matter is) not otherwise excluded from coverage through the ICRMP compact
with the City.
Additionally, in the event that a damage claim and/or lawsuit is brought against a' City
Official that is related to the performance or failure to perform his or her Official duties and
the matter is not covered through ICRMP, the City shall provide legal representation to
defend the City Official and shall indemnify the City Official for the payment of the claim (if
warranted) or any resulting judgment. The City will not indemnify and defend a City Official
acting outside the scope of his or her Official duties, or if the claim and/or lawsuit is based
upon a dishonest, fraudulent, criminal and/or malicious act.
Article 4: CITY COUNCIL — THE ELECTED GOVERNING BODY
4.1. Council Meeting - Time and Location
Regular Meetings of the Council shall be held on the dates and times as adopted by the
Council, unless cancelled or postponed in accordance with applicable State or local
procedures. Special Meetings may be called by the Mayor, by three Councilors or by the City
Manager.
4.2. Council Meetings — Open to the Public
All meetings of the Council and of any Committees thereof shall be open to the public,
except as provided for herein.
4.3. Mayor — Election — Duties ("Mayor")
Biennially at the first meeting of the new Council, the members shall choose by majority vote
a Mayor from amongst the members. The Mayor and shall preside at meetings of the
Council. In addition to the powers conferred upon the Councilor as Mayor, he or she shall
continue to have all the rights, privileges, and immunities of a member of the Council. The
Mayor shall be recognized as the head of the City for ceremonial purposes. He or she shall
have no regular administrative duties, but in time of public danger or emergency, if so
authorized by ordinance, shall take command of the police, maintain law, and enforce order.
4.4. Council President
Biennially at the first meeting of a new Council, or periodically, the members thereof, by
majority vote, may designate one of their number as Council President for such period as the
Council may specify, to serve in the absence or temporary disability of the Mayor; or, in lieu
thereof, the Council may, as the need may arise, appoint any qualified person to serve as
Council President in the absence or temporary disability of the Mayor.
4.5. Presiding Officer
Meetings of the Council shall be presided over by the Mayor, if present, or otherwise by the
Council President if one has been appointed, or (in the absence of both of them) by a member
of the Council selected by a majority of the Council Members at such meeting. Serving as
Presiding Officer of the meeting shall not in any way abridge the right of the Presiding
Officer to vote on matters coming before the Council at such meeting.
City of McCall Manual of City Governance Page20
4.6. Quorum
As provided under IC, the quorum required for the transaction of business at a Regular or
Special Council Meeting is a majority of the members of the full Council. It is important to
note that Council vacancies do not reduce the number required for a quorum. The Mayor,
under the Council/Manager form of government, is counted for quorum purposes. If the
Council President or another Councilor is chairing the meeting, they are counted for quorum
purposes. For the City of McCall, all meetings of the Council, three (3) Councilors shall
constitute a quorum for the transaction of business.
In the absence of a quorum, there can be no meeting, so the meeting is cancelled. The agenda
for the meeting will be reposted for the next scheduled Regular Council Meeting unless a
Special Meeting is called by the Council.
4.7. Respect and Decorum
It is the duty of the Presiding Officer and Councilors to maintain dignity and respect for their
offices, City staff, and the public. While the Council is in session, the Councilors shall
preserve civility, order, and decorum. No member of the public shall, by conversation or
otherwise, delay, disrupt or interrupt the proceedings of the Council, nor disparage any
person while speaking. Councilors and the public shall obey the proper orders of the
Presiding Officer of the meeting and as stated in the Rules of Order adopted by the Council.
4.7.1. Orderly Behavior and Civility in Remarks
Any person disrupting the business of the Council, either while addressing the Council
or attending the proceedings, shall be asked to leave, or be removed from the meeting.
Continued disruptions may result in a recess, forced removal, or adjournment as
described elsewhere in this manual.
4.7.2. Permission Required to Address the Council
Persons other than Councilors and Administration shall be permitted to address the
Council only upon recognition and/or introduction by the Presiding Officer of the
meeting.
4.7.3. Forms of address
The Mayor or Council President shall be addressed at a meeting where he or she is
presiding as Mayor (name), President (name), or "Mr. or Ms. Chair"
4.8. Telephonic Participation from a Remote Location
Councilors may participate in meetings remotely by speakerphone or video conferencing, as
long as the Councilor(s) participating remotely can clearly hear those in attendance at the
meeting and those in attendance can clearly hear the Councilor(s) participating remotely.
Councilors participating by speakerphone or video conference are counted for quorum
purposes and can vote just as if they were physically present at the meeting (IC 67-2342(5))
Such a remote participation by any, or all, Councilors will be permitted when: all documents
and exhibits are clearly visible or readable for all participants; the audio recording of the
meeting allows the remote participant, the members of the public in attendance, and the other
members of the Council to be heard; and the City Manager, or designee, and the City Clerk,
or designee, are in attendance at the location designated in the meeting notice. The cost of
City of McCall Manual of City Governance Page21
such remote connectivity shall be paid by the Councilor requesting remote connectivity,
unless waived by majority vote of the Council.
4.9. Attendance; Excused Absences
Each person elected to the City Council must recognize a duty to attend all scheduled
meetings of the Council. Frequent or habitual absences indicate to others a lack of
commitment to the duties of the Council and, in effect, disenfranchise those voters who
participated in the election of that Councilor. If a member of the Council finds that it is
necessary to miss a scheduled meeting, then so advising the City Manager or another
Councilor would be the polite and civil path to follow.
4.10. Filling Council Vacancies
If a vacancy occurs, the Council will follow the procedures provided in MCC Title 1, Section
1.8.8, in order to fill the vacancy with the most qualified person available until an election
can be held as provided by IC Title 50, Chapter 4. The Council will publish a notice of the
vacancy, the procedure, and distribute the application form for soliciting candidates. The
Council will draw up an application, which contains relevant information to answer set
questions posed by the Council. The application forms will be used in conjunction with an
interview of each candidate to aid the Council's selection of the new Councilor.
4.11. Council Powers and Responsibilities
The Council shall have such powers and duties as are now or may hereafter be provided
under the general laws of the State of Idaho (IC 50-701). The legislative authority of the City
is vested in the Council; Council powers and responsibilities are outlined in the AIC
document "Roles and Responsibilities Manual". A summary of these is included in Exhibit F.
Article 5: CITIZEN COMMITTEES, BOARDS, AND COMMISSIONS
5.1. Approval of Appointees
5.1.1. Citizens on Standing Governing Bodies
All members of standing citizen committees, citizen boards and citizen commissions
which are, or which may hereafter be, required by State law or City ordinance or
resolution, shall selected from those recommended by the City Manager or staff and
confirmed with a majority vote of the full Council.
5.1.2. 5.1.2 Citizens on Temporary Governing Bodies
Any citizen members of any other committees — such as Ad Hoc Committees, Citizen
Advisory Committees, or Steering Committees — shall be appointed and approved by a
member of the Council, with confirmation by majority vote of the full Council. See
Article 2.1 (Types of Governing Bodies, and Advisory or Supporting Groups) of this
Manual.
5.1.3. Removal
Members of any committee, board or commission whose appointment has been
confirmed by the Council, may be removed without cause by a majority vote of the full
Council unless otherwise provided for in state law or the City Code, ordinance or
City of McCall Manual of City Governance Page22
resolution that authorized creation of the committee, board or commission. See Section
1.10.3 of the MCC and IC 33-2605 for Library Trustees.
5.2. Establishment and Review of Citizen Governing Bodies That Are Temporary
Council -established governing bodies that are intended to be temporary -- such as Ad Hoc
Committees or Citizen Advisory Committees — shall be commissioned for a time certain and
provided with a clear task description and "sunset" provision. Such temporary committees
shall be subject to review whenever a new Council is seated following elections, so as to
determine whether the committee and its functions continue to be appropriate and necessary.
Other special ad hoc committees and Council liaisons for a particular purpose may be
appointed by the Council, for a time certain along with a clear task description and "sunset"
provision.
Citizen Committees, Commissions and Boards, liaisons and citizen advisory or taskforce
groups should be given an opportunity to make a recommendation, when appropriate, on
proposed ordinances, resolutions, and motions within their area of responsibility or interest,
before action is taken by the Council. The appropriate spokesperson may present the
recommendation(s) during discussion of that business item on a Council agenda.
To the extent that the City Attorney has determined that a citizen committee, commission or
board is a "governing body" that is subject to the State Open Meetings Laws, no such body
shall take hold meetings or take votes for final action outside of a noticed open public
meeting.
5.3. Relations with Boards, Commissions and Citizen Advisory Groups
Boards, commissions, and citizen advisory bodies of the City shall provide the City with
meeting minutes, and a summary report of all meetings, if requested by the Council.
Communications from such boards, commissions, and advisory bodies shall be
acknowledged by the Council. Any member of the Council may also bring such
communication to the Presiding Officer's attention under the agenda item "Committee,
Board, and Liaison Reports." Should any member of the Council determine that such
communication be Officially answered by the Council, the Presiding Officer shall place the
matter on the agenda under New Business for the current meeting or any subsequent meeting.
Article 6: CITY ADMINISTRATION
6.1. City Manager
The City Manager is the chief administrative officer of the City. The City Manager is
appointed by and directly accountable to the Council for the execution of the Council's
legislative policy directives, and for the administration and management of City departments.
The powers and duties of the City Manager are defined by State law (IC 50-811) and City
Code. Such duties may be expanded or clarified by job description, resolution, or Council
directive (motion). Balanced with the City Manager's accountability to the Council for policy
execution is the need for the Council to allow the City Manager the freedom to perform those
duties and responsibilities in his/her day-to-day management. The City Manager makes
appointments and removals of employees and may delegate such powers to department
heads, provided, that nothing herein shall be construed to prohibit the Council, while in a
City of McCall Manual of City Governance Page 23
duly called Council Meeting, from fully and freely discussing with the City Manager,
anything pertaining to appointments and removals of City officers and employees and City
affairs.
6.2. Role of the City Manager
The City Manager shall attend all meetings of the City Council, unless excused by the
Presiding Officer or Council. The City Manager may recommend for adoption by the Council
such measures as he/she may deem necessary or expedient, prepare and submit to the
Council such reports or proposals as may be required by the body or as the City Manager
deems advisable to submit; keep the Council fully advised as to the business and finances of
the City; and when appropriate, shall take part in the Council's discussion on all matters
concerning the welfare of the City. In the event that the City Manager is unable to attend a
Council Meeting, the City Manager shall appoint a key staff member to attend the meeting as
the representative of City Administration.
During Council Meetings, the Presiding Officer should rely on the City Manager to introduce
the administrative participation on agenda items and should offer opportunity for comment or
recommendation of the City Manager before final vote on important matters.
6.3. Informal Communications Encouraged
Members of the Council are encouraged to interact informally and casually with City staff for
the purpose of gathering information, obtaining progress reports on policies and programs or
providing information to staff relevant to their Council office. Such informal contacts can
serve to promote better understanding of specific City functions and problems. However,
Councilors should be careful, in such interaction, to avoid giving direction or advice to
members of City staff, which may conflict with the City Manager's directives. City staff
should provide their supervisor with the same information shared with the Councilor.
Neither the Council, nor any of its committees or members, except as provided herein, shall
direct the appointment of any person to, or his or her removal from, office by the City
Manager or any of his or her subordinates. Except for the purpose of inquiry, the Council and
its members shall deal with the administrative service solely through the City Manager and
neither the Council nor any committee or member thereof shall give orders to any
subordinate of the City Manager, either publicly or privately. The provisions of this section
do not prohibit the Council, while in a duly called Council Meeting, from fully and freely
discussing with the City Manager anything pertaining to appointments and removals of City
officers, department heads, and employees and City affairs.
6.4. City Manager — Interference by Councilors
Under the City Manager — Council form of City government, neither the Council, nor any of
its committees or members, shall direct the appointment of any person to, or his or her
removal from, office by the City Manager or any of his or her subordinates. Except for the
purpose of inquiry, including requests for information, the Council and its members shall
deal with the administration solely through the City Manager and neither the Council nor any
committee or member thereof shall give orders to any subordinate of the City Manager,
either publicly or privately. The provisions of this section do not prohibit the Council, while
in a duly called Council Meeting, from fully and freely discussing with the City Manager
City of McCall Manual of City Governance Page 24
anything pertaining to appointments and removals of City officers and employees and City
affairs.
6.5. Complaints to Councilors
When performance complaints are made by citizens about staff actions or non -action directly
to an individual Councilor, or in a Council Meeting or committee meeting, the Council or
Councilor should then refer the matter directly to the City Manager for review and/or action.
The individual Councilor or the Council may request to be informed by the City Manager of
the action or response made to the complainant.
6.6. Administrative Complaints - "Best Practice"
Although citizens' direct access to elected Officials is to be encouraged to help develop
public policy, City Councilors should not develop a "personal intervention" pattern in minor
calls for service or administrative appeals which may actually delay a timely customer
service response. The best policy is to get the citizen into direct contact with the appropriate
department or the City Manager, unless an unsatisfactory result has occurred. In that case,
refer to Article 6.5 above.
6.7. City Clerk - Minutes - Public Information Access
The City Clerk shall adhere to the requirements of IC 67-2344, and shall be the ex-officio
Clerk -of -the -Council, and, as such, shall attend all meetings of the City Council. The City
Clerk shall keep minutes as required by law, and shall perform such other duties in the
meeting as may be required by the Council, Presiding Officer, or City Manager. In the
absence of the City Clerk, the City Clerk shall appoint a replacement to act as Clerk -of -the -
Council. The Clerk -of -the -Council shall keep minutes which identify the general discussion
of the issue and complete detail of the Official action or consensus reached, if any. The City
Clerk shall make an audio recording of the proceedings of all public hearings and Regular
Meetings; recordings of Work Sessions and quasi-judicial proceedings are optional unless so
requested by any Councilor. Recordings of executive sessions of the Council are not
required. The Clerk shall keep, and make available, an agenda and date for each recording,
which will facilitate location of the recorded proceedings.
6.8. The Three Touch Rule
Decision -makers and citizens at all levels of the City should have adequate time to
thoughtfully consider the issues prior to final decisions. It is the intent of the Council that the
Council and Administration should abide by the "Three Touch Rule" whenever possible
(unless an exception applies). The following procedural guidelines are designed to avoid
"surprises" to the Council, citizens, and administrative personnel.
Any pending request or proposal for adopting or changing public policy, ordinances,
resolutions or directives which will require a decision of the City Council or Administration
should normally "touch" (oral, written or any combination thereof) the decision makers at
least three separate times. Quasi-judicial matters and any subject discussed in executive
sessions are excluded from application of the "Three Touch Rule."
It is recognized that the hands of decision -makers should not be tied unnecessarily.
Unexpected circumstances may arise wherein observance of the "Three Touch Rule" is
impractical. However, when unusual circumstances arise which justify a "first discussion"
City of McCall Manual of City Governance Page 25
decision, the persons requesting the expedited decision should also explain the timing need.
The Three Touch Rule excludes staff reports and other general communications not requiring
a future Council decision.
6.9. City Staff — Attendance at Meetings
Attendance at meetings by City staff shall be at the discretion of the City Manager. It is the
intent of the Council that the City Manager schedule adequate administrative support for the
business at hand but also to insure the productive capability of department heads. When a
sound system or other noticing capabilities exist, the City Manager may allow personnel to
utilize time in their offices or other areas while waiting for the item of business for which
appearance before the Council is required.
6.10. Administrative Presentations and Briefings
In order to enhance public understanding of complex issues being presented, City
Administration is encouraged to include the use of visual communication tools whenever
possible, such as: (i) overhead projection summaries or PowerPoint bullet points; (ii) flow
charts or box diagrams to illustrate complex organizations, sequences or systems; (iii) bullet
point or summary handouts for the public and the press, when appropriate; (iv) projector or
video clips to show actual situations or settings; (v) large maps to help pinpoint specific
locations or parcels; (vi) use of color to highlight important elements; (vii) white board for
illustration; and/or (viii) configuring the room/display so as to allow the public to follow and
understand issues.
Article 7: COUNCIL MEETINGS
7.1. Council Meeting Agendas
It is the City Clerk's responsibility to assemble the agenda for Council Meetings, collecting
suggestions from the Mayor, Councilors, City Manager, and City Staff. It is important to
remember these are Council Meetings and Councilors should be able to request that items be
included on the agenda, with the exception of frivolous and/or unnecessarily repetitive
requests. Setting the agenda is a shared responsibility and takes cooperation between the
Mayor, Councilors, City Manager, and Staff. (ref; AIC Idaho Open Meeting Law Manual
2009)
The City Clerk maintains an ongoing Meeting Schedule that shows a 3 month window of
scheduled Council Meetings. The Mayor, Councilors, City Manager, and City Staff can add
items to the Meeting Schedule through the City Clerk to ensure all needed items are added.
The Meeting Schedule is distributed to the Council at each Regular Meeting. The City Clerk
also distributes the scheduled items to the Mayor, Councilors, City Manager, and City Staff
two weeks prior to the next meeting to ensure timely additions or deletions for the next
meeting agenda.
During the process of creating the Agenda for the Council's review the City Clerk creates the
"Official Agenda" from the Meeting Schedule. Copies of the "Official Agenda" shall be
posted on the City website and outside of City Hall at least 48 hours prior to the Council
Meeting and shall be subject to the notice provisions stated in IC 67-2343.
City of McCall Manual of City Governance Page 26
7.2. Consent Agenda
The City Clerk or City Manager, in consultation with the Mayor and Council, may place
matters on the consent agenda which: (i) have been previously discussed by the Council; or
(ii) based on the information delivered to members of the Council by Administration, can be
reviewed by a Councilor without further explanation; (iii) are so routine, technical or
"housekeeping" in nature, that passage without discussion is likely; or (iv) are otherwise
deemed in the best interest of the City.
If there is a need for additional clarification of an item on the consent agenda, then a
Councilor may request that the agenda be amended to remove that item from the Consent
Agenda to be discussed and considered separately; see Article 7.1 above.
7.3. Special Meeting Agendas
Special Meetings, except for emergencies, of the Council require posting of the agenda as
required by IC 67-2343 at least 24 hours prior to the meeting.
7.4. Work Session Agendas
Any Regular or Special Council Meeting may contain a "Work Session" with appropriate
notice of the meeting posted.
7.5. Work Session Procedure
During a Council Work Session, the discussion leader, introduced by the Presiding Officer,
should:
7.5.1. Introduction
Introduce the subject and give background information;
7.5.2. Goal
Identify the discussion goal;
7.5.3. Focused discussion
Act as facilitator to keep the discussion focused toward the goal; and
7.5.4. Call for consensus or a motion
Alert the Presiding Officer when it is appropriate to call for consensus or a motion.
The Presiding Officer shall retain the option of assuming the function of the discussion
leader at any time in order to keep the discussion properly focused. The City Clerk shall
keep notes of the discussion subjects with special attention to Council consensus or
administrative direction which may need more formal action in a later meeting (i.e.
agenda, future budget changes, etc).
7.6. Process for Preparing Legislation or Policies for Adoption
7.6.1. Draft Documents
Prior to consideration or final passage of all Ordinances, Resolutions, or pre -written
Motions, draft documents, or proposals shall be designated as drafts and shall contain the
date of revision and the name of the author. Proposed Ordinances and Resolutions shall
be accompanied by a "bullet" summary for possible later publication.
City of McCall Manual of City Governance Page27
7.6.1.1. "Proposed Drafts" shall contain the date, name of the group or individual
originating or sponsoring the proposal, prior to the first presentation to the City
Council.
7.6.1.2. "Council Drafts" shall be documents or proposals which have been
presented in open public session and held over by the City Council for further
consideration or revision.
7.6.2. Preparation of Ordinances.
The procedures for ordinances are as follows:
7.6.2.1. Proposing an Ordinance
Councilor The Mayor, Councilors, City Manager, and City Staff in open session, may
request as part of the agenda that the Council study the wisdom of enacting an
ordinance. The Council then may assign the development of the proposed ordinance
to the Administration, an Ad Hoc Committee, an Advisory Committee, or the Council
for consideration. The committee or Administration shall report its findings to the
Council. The City Manager, the City Attorney, or any of the citizen boards,
committees, or commissions may propose that Council consider an ordinance or
resolution. This would be considered the first touch.
7.6.2.2. Sponsorship Encouraged
When a Councilor wishes to assume sponsorship or advocacy of an ordinance or
resolution, he/she should so announce, make the initial motion, provide an
introduction, and advocate the measure before the Council.
7.6.2.3. Three (3) Readings
Ordinances shall be read on three (3) different days, two (2) readings of which may
be by title only and one (1) reading of which shall be in full. (IC 50-902)
Although State Law permits only one reading in some cases, all City ordinances
controversial in nature, shall normally have at least three (3) separate readings at
separate Council Meetings. Not later than the date of the meeting at which the final
reading occurs, the full text of the draft ordinance shall be posted on the City website.
A printed copy of the proposed and adopted ordinance shall be made available by the
City upon request by a member of the public.
7.6.2.4. Waiver
Idaho Code allows a waiver of the three readings rule. A majority of the members of
the full Council may dispense with the rule. "Councilor A moves to read by title only
one time only, ordinance bill number..."
The provision requiring three (3) separate readings of an ordinance may be waived at
any meeting when the Council determines that the ordinance is simple, non-
controversial, or administrative in nature or that the interests of the City are best
served by one reading.
City of McCall Manual of City Governance Page28
7.6.2.5. Motion failure
When a motion to read the ordinance a second time fails, the ordinance shall be
considered lost, unless a subsequent motion directs the revision of the ordinance and
resubmission to a second reading at a subsequent meeting
7.6.2.6. Repeal of Ordinance or Code
Any ordinance repealing any portion of the City Code shall also repeal the respective
portions of the original ordinance(s). Ordinances repealing earlier ordinances shall
not apply to acts, incidents, transactions, or decisions occurring before such repeal.
7.6.2.7. Passage of Ordinances
The passage or adoption of every ordinance shall be by roll call of the Council with
the yea or nay of each being recorded, and to pass or adopt any ordinance a majority
of the full Council shall be required. An ordinance number should be assigned by the
City Clerk, during the motion to adopt the ordinance. A proposed ordinance can be
referred to as "Council bill number ." A number should never be used twice.
7.6.3. Preparation of Resolutions
A resolution is a binding decision of the Council and is used for more administrative
matters. Unlike the adoption of an ordinance, there are no reading and notice
requirements, other than as noticed on a meeting agenda. Council action shall be taken by
resolution when required by law or in those instances where it is desired to prepare an
expression of legislative policy that is more comprehensive or more meticulously worded
than a motion. While resolutions are often just a statement of policy, a resolution may
have the force of law (e.g., a resolution setting permit fees, or a resolution declaring
certain City property to be surplus). Even though the subject matter of an action may
appear to be administrative, and therefore a proper subject for a resolution, sometimes
state statute or even a City's own ordinance requires that certain actions be established by
ordinance. See Exhibit G for examples as defined by AIC.
7.6.4. Passage of Resolution
The passage or adoption of every resolution or order to enter a contract shall be by roll
call of the Council with the yea or nay of each being recorded and to pass or adopt any
resolution or order to enter a contract a majority of the full Council is required. A printed
copy of the resolution shall be made available, upon request, to any member of the
public.
7.7. Council Packets
Councilors shall personally pick up their agenda packets from their individual mailboxes,
provided by the City Clerk, unless otherwise arranged by the member or further directed by
Council. The packet shall be available by 5:00 pm on the Friday preceding the regular
Council Meeting. Councilors and affected staff should read the agenda material and ask
clarification questions prior to the Council Meeting, when possible. In the event a Councilor
requests that the packet be forwarded via electronic mail, the Clerk will so do or advise that
the full meeting packet is available on the City website.
City of McCall Manual of City Governance Page 29
7.8. Organizational Meeting of the Council.
The McCall City Council shall hold a Regular Meeting on the second Thursday of January
following each regular City election for the purpose of organizing the Council. The Council
shall elect one (1) of its members to serve as Mayor and one (1) to serve as President, each of
whom shall hold office for two years, until the next succeeding organizational meeting.
Such election of Mayor and President shall follow the Rules of Order as defined, with
nominations from members of the Council, followed by a voice vote for each office, the
office of Mayor to be determined first. The duties of the Mayor and President shall be as
outlined in Section 1.8 of Title 1 of the MCC. The current (or preceding) Mayor, or Council
President, shall preside at this organizational meeting of the City Council until a successor is
selected and sworn in, at which time the new Mayor shall assume the chair. In the absence of
the Mayor, the current President shall preside. In the event of the absence of both the Mayor
and President, the Council shall select one (1) of its members by voice vote to serve as
temporary Presiding Officer of the Council until such time as either the Mayor or President is
in attendance or is newly selected.
Article 8: RULES OF ORDER FOR COUNCIL MEETINGS
8.1. Quorum
Three (3) members of the McCall City Council shall constitute a quorum for the transaction
of business at all meetings of the Council, but, in the absence of a quorum, the meeting is
cancelled. The agenda for the meeting will be reposted for the next scheduled Regular
Council Meeting unless a Special Meeting is called by the Council.
8.2. Parliamentary Procedure
Rules of order not specified by statute, ordinance, or this Manual shall be governed by Rules
of Procedures as adopted by Council (Exhibit A). A simplified summary of some of the most
frequently used motions under Robert's Rules are shown in Exhibit A: Simplified Summary
of Parliamentary Procedure. These procedures have been modified to better fit the Rules of
Order of the McCall City Council.
8.3. Motions and Discussion
There is nothing more important than how the Council talks about an issue. Dialog,
discussion, and deliberation are the most vital parts of Council decision -making. Thus,
barriers to robust deliberation — whether they are procedural, information -based, or
interpersonal — should be removed.
While Robert Rules present discussion after a motion is made, the Council is best served
when enough discussion precedes a motion to ensure sound decision -making. The Mayor, in
the role as Presiding Officer, is encouraged to facilitate sufficient discussion and deliberation
prior to the introduction of a motion, after which further discussion is certainly appropriate
All items of business placed before the Council that requires the expenditure of Council
and/or Administration resources or changes in land use shall be in the form of an affirmative
motion. Affirmative motions are preferred to prevent "approval by default" of a failed
City of McCall Manual of City Governance Page 30
negative motion. For example a motion in the affirmative would be: "I move to approve..."
as opposed to the negative: "I move not to approve..." Discussion of an item for
consideration will take place prior to a motion to ensure that the entire Council understands
what is being considered.
8.4. Order Of Business
The meeting agenda for regularly scheduled meetings of the McCall City Council is normally
arranged in the following order of business:
1. Call to Order and Roll Call
2. Approval of the Agenda
3. First Meeting of the month
a. Reports by City Manager and Staff
b. Committee Minutes
4. Second Meeting of the month
a. 30 Minute Work Session
5. Pledge of Allegiance
6. Public Hearings (as Posted)
7. Public Comment Period
8. Proclamations (as Posted)
9. Presentations (as Posted)
10. Business Agenda (unfinished, followed by new)
11. Consent Agenda
12. Executive Session Agenda (as Posted)
13. Emerging Issues for future Council discussion
14. Adjournment
8.5. Prior Permission Required for Certain Elaborate Presentations
No overhead projection, photographs, motion pictures, or video that requires the use of a
projector onto a screen, or other unusual or uncommon material display, shall be used by the
public at City Council Meetings without the prior consent of the Presiding Officer or the City
Manager.
8.6. Conduct of Meetings
8.6.1. Chair
As the Presiding Officer, the Mayor shall moderate and chair all meetings of the McCall
City Council. In the absence of the Mayor, the President shall assume the duties of the
Chair. In the absence of the Mayor and President, the Council shall select one of its
members to serve as the Presiding Officer at that meeting.
City of McCall Manual of City Governance Page 31
8.6.2. Recognition to Speak
Those members of the City Council wishing to speak shall first be recognized by the
Presiding Officer to speak, and each person who speaks shall address the Council as a
whole. Discussion will take place prior to a motion by the City Council on each item to
be considered for adoption, and after sufficient debate per the "three touch rule", such
Resolutions, Ordinances, or other items in which an affirmative vote of the Council is
requested, the Chair shall ask for a motion from the Council on the item to be adopted or
approved. Once a motion is made and seconded, the City Council may have further
debate for, or against, the matter at hand. Once it is determined that there is no further
debate, or that time for debate has expired, on the motion, the Chair will call for the vote
on the question.
The public will generally have an opportunity to speak during Work Sessions and periods
set aside for public comment; however, public comment is normally not appropriate
during the business agenda of a Regular Meeting. It shall be predetermined by a vote of
the Council whether an item to be adopted or approved by the Council will receive public
comment. If the Council wishes to hear from the public on an item, then the opportunity
for public comment will be posted on the Council Agenda.
Predetermined by Rules of Procedures as adopted by Council see 8.11) will set the rules
for public comment in general as well as public comment on items to be adopted or
approved by Council. Also included within the Rules of Procedures is a designated time
limit for each speaker. Other persons in attendance at the meeting shall not speak unless
recognized by the Chair. When the Chair determines that there are no other public
comments on the business item, discussion on the item will be closed to the public, and
only the City Council shall then engage in any final discussion on the matter and act on
the business item without interruption from the public. The rules contained in this
section regarding public comments shall be published with each City Council agenda for
the information of the public.
8.6.3. Disorderly Conduct at Meetings
The Presiding Officer may call to order any person who is being disorderly by speaking
without recognition or otherwise disrupting the proceedings of the City Council Meeting,
by failing to be germane, by speaking longer than the allotted time, or by speaking
vulgarities. Any person so disrupting a lawful public meeting of the City Council may be
removed from the meeting. Furthermore, any member of the City Council or City staff
who fails to conduct himself or herself in an orderly manner at any meeting shall be may
also be removed and asked to leave.
8.6.4. Refusal to Vote
Each member of Council is obligated to vote on an item of business before the Council,
except when a bona fide conflict of interest exists. For purposes of recording the total
votes on an item of business, a member's abstention shall be so noted and entered into the
record along with the reason for abstaining.
8.6.5. Roll Call Votes
In all roll call votes, the names of the members of the Council shall be called in order,
with the first called the member who has made a motion for adoption and the second
City of McCall Manual of City Governance Page 32
called the member who has seconded such motion, and the remainder shall be called
alphabetically in each vote. Any Councilor may request a roll call vote; normally, roll
call votes are taken if the motion involves the approval of a contract or major expenditure
of funds.
8.6.6. Requests for Remarks to Be Included in Minutes
Any City Councilor may request to have his or her written and submitted comments
printed as part of the Official record of the Council Meeting. Any member of the Council
may also request that extraneous written remarks from the public, City staff, committees,
boards, or commissions also be included in the record of the meeting. If there is no
objection by a Councilor, the comments or written remarks shall be included by the City
Clerk in the minutes of the meeting. If there is an objection to such printing of the
comments, the City Council shall decide the matter by majority vote. Oral comments,
which the Councilor wishes to be included as part of the Official record, shall likewise be
provided in writing by the Councilor making the comments to the City Clerk.
8.7. Public Hearings
8.7.1. Sign -in Procedure
Prior to the start of the public hearing, the Presiding Officer will require that all persons
wishing to be heard sign in with the Clerk on a prepared form for that purpose, which
includes their name, address, the agenda item, and whether they wish to speak as
proponent, opponent, or otherwise on the topic. Any person not on the sign -in form by
the beginning of the Hearing may not speak until after all those who have done so.
8.7.2. Time Limits
Speaker time limits should be preset so that those who wish to participate know the time
limits and rules for the Public Hearing. The time limits will be based on the number of
those desiring to speak and the time allotted in aggregate, including time for all
applicants for the item under consideration. The Presiding Officer is authorized to
otherwise control presentations to avoid repetition. The Presiding Officer should
announce the order of speakers so as to have testimony presented in like groupings
(proponents, opponents, neutral, etc.).
8.7.3. Other Rules
The rules applicable to a Public Comment period under Articles 8.12.3, 8.12.4, and
8.12.5 shall likewise apply to Public Hearings.
8.7.4. Conduct of Public Hearings.
When it shall be necessary to conduct a formal public hearing in accordance with State or
federal law, or City Code, the City Council shall adhere to the following procedure for
the conduct of such hearings:
8.7.4.1. The Presiding Officer of the Council announces the purpose of the public
hearing.
8.7.4.2. The City Manager, or the designated Department Manager, provides an
explanation of the matter which is subject to the public hearing and gives a report on
the details of the matter.
City of McCall Manual of City Governance Page 33
8.7.4.3. The City Manager, or Department Manager, may at this time request that
the party, or representative, who has submitted an application which is the subject of
the hearing, make a presentation to the Council in support of the matter.
8.7.4.4. The Presiding Officer of the Council opens the public hearing to the floor
for the purpose of receiving public comments on the matter at hand. A listing of
those prepared to offer comments may be prepared by the City Clerk.
8.7.4.5. Comments are received from interested members of the public. Citizens
wishing to address the City Council shall state their names and addresses for the
record prior to giving comments. The City Clerk records in the minutes the names
and addresses of those persons commenting on the matter at hand. The Clerk shall not
be responsible for recording the comments of members of the public. In cases where
there may be support and/or opposition to the matter, those in support will be heard
first, those in opposition next, and those who may be neutral, last.
8.7.4.6. When, after calling for public comments three (3) times, the Presiding
Officer of the Council determines that there are no other public comments to be
received on the matter at hand and closes the public hearing.
8.7.4.7. The party, or representative, may now rebut any opposing comments to
the matter, but may not introduce any new or additional information in support of the
matter at this hearing.
8.7.4.8. The public hearing will normally be held in context with a specific agenda
item; the Council will consider the public comments and those of the party, or
representative, as the Council proceeds with debate and consideration of the proposal
or matter at hand.
8.8. Conduct of Work Sessions and Workshops
Regular or Special Meetings of the Council, or portions thereof, may be designated as Work
Sessions. The definition and the basic rules for Work Sessions are stated in Article 2.3.3
A Work Session may consist of any or all of the following:
8.8.1. Public comment period
In general, because a Work Session is more informal and more interactive that a Business
Meeting, the Presiding Officer may have greater latitude to seek public comment on the
issue under discussion. In this way, the Presiding Officer may invite comment from time
to time during the Session, advising the attendees to address comments to the matter on
the Agenda. At Council Work Sessions, it may be predetermined and posted on the
agenda the manner in which public comments and dialog are to be invited, depending on
the nature of the Work Session and the amount of time available.
8.8.2. Vetting of Agenda Items
A Work Session may require a vetting and review of agenda items that are expected to
appear for future Council action at a Business Meeting. If so, the Work Session should
include a review of clarity and completeness of the issues presented; discussion of the
merits of the proposal; and a vote to determine whether the item shall be advanced to a
future meeting of the Council.
City of McCall Manual of City Governance Page34
8.8.3. Study of Emerging Issues
A Work Session may involve emerging issues that may not be expected to appear at the
next Council Meeting. These may include: staff or third party presentations; additional
study by the Council or Staff; and interactive public comments and Council responses to
comments.
8.8.4. First Touch and Second Touch Updates
The agenda may provide time for short updates by the City Manager, staff, Councilors, or
a member of a Committee.
8.8.5. Referral to Committee for further Public Process
At a Work Session, the Council may choose to refer any issue to a Committee or
schedule a Public Forum before the issue returns to a future Council agenda.
8.9. Workshops
The purpose of a Workshop (i.e., a single -topic Work Session) is to allow Councilors to do
concentrated preliminary work with the Administration or the public on a single subject (i.e.,
budget, complex legislation or reports, etc.). Workshops shall be in a less formal setting, but
shall not discourage public observation or public comment.
8.10. Adjournment Due to Emergency or Disruption
In the event of emergency, such as a fire, threatened violence, or inability to maintain order,
the Presiding Officer shall declare the meeting adjourned or continued and Councilors shall
immediately leave the meeting area.
8.11. Procedures for Public Comment at Business Meetings
8.11.1. In General
The City Council desires to allow a maximum opportunity for public comment at various
public forums and meetings. However, at a Business Meeting, the business of the City
must proceed in an orderly, timely manner, and in that setting, the open Public Comment
period is generally limited in overall time on the agenda (e.g. 30 minutes), and is further
limited in the amount of time per speaker (for example three (3) minutes), At any time
the Council, by the vote of the Council, may expand the time allotted for public comment
or set such further limitations as are necessary to progress through the agenda and/or to
prevent disruption of other necessary business. Within that time period, any member of
the public may be recognized by the Presiding Officer and may address the full Council
on any public issue if not already on the agenda. The Presiding Officer will require a
member of the public to state their name, address, and the subject of their comments.
These rules are intended to promote an orderly system of holding a public meeting, to
give persons opportunity to be heard and to create an environment in which no
individuals are embarrassed or uncomfortable by exercising their right of free speech.
In the event a matter on the current agenda is likely to attract large numbers of public
comments, the Council may request that those wishing to comment assign a spokesperson
who will speak for all those with the same, or similar, position.
City of McCall Manual of City Governance Page 35
8.11.2. Subjects — Whether or Not on the Current Agenda
Unless Council determines otherwise, the Public Comment Period at a Regular Meeting
is reserved for comments by the public rather than responses from Council or
Administration; however, this is not a time for debate. The public may be allowed to
comment on specific agenda items during that time in the meeting; however, a comment
on the subject that is covered by a public hearing at that meeting must be made during the
appropriate period of the public hearing.
8.11.3. Use of Microphones
Comments shall be made directly into the microphone, as it is necessary for the public
record and for the audience to hear all proceedings. No comments shall be made from any
other location.
8.11.4. Civility
The Presiding Officer is responsible for maintaining order and civility among those
addressing the Council. There will be no demonstrations during, or at the conclusion of,
any person's presentation. Any disruptive behavior, as determined by the Presiding
Officer, shall be cause for removal from the meeting room.
8.11.5. Council May Overrule the Presiding Officer
Any ruling by the Presiding Officer relative to the conduct of the public comment period
may be overruled by a vote of a majority of Councilors present.
8.12. Council Quasi -Judicial Hearings
Quasi-judicial hearings and actions of the Council are those proceedings which determine the
legal rights, duties, or privileges of specific parties in a hearing or other contested case
proceeding. Quasi-judicial actions or hearings do not include the hearings pertaining to
legislative actions adopting, amending, or revising a general governmental policy or
ordinance, or a comprehensive, community, or neighborhood plan or other land use planning
documents or the adoption of area -wide zoning ordinances or the adoption of a zoning
amendment that is of area -wide significance."
8.12.1. Appearance of Fairness Doctrine Applies to Quasi -Judicial Actions
If a proceeding is quasi-judicial, it is recommended that the Council proceed with fairness
to all parties in -so -far as is possible.
8.12.2. Obligations of Councilors in Quasi -Judicial Proceeding
In the event of a quasi-judicial proceeding of the Council, a Councilor should
immediately disclose any interests that may appear to constitute a conflict of interest.
Councilors should recognize that the Ethics in Government Act does not require
establishment of a conflict of interest, but whether there is an appearance of conflict of
interest to the average person. This may involve a Councilor's business associate, or a
member of the Councilor's immediate family. It could involve ex parte communications
(that is, communications with one party to the quasi-judicial matter without notice to or
argument from the other party). Or it could involve ownership of property in the vicinity,
business dealings with the proponents or opponents before or after the hearing, business
dealings of the Councilor's employer with the proponents or opponents, announced
City of McCall Manual of City Governance Page 36
predisposition, and the like. Prior to any quasi-judicial hearing, each Councilor should
give consideration to whether a potential violation of the Appearance of Fairness
Doctrine exists. If the answer is in the affirmative, no matter how remote, the Councilor
should disclose such fact to the City Attorney.
Anyone seeking to challenge a Councilor from participating in a decision on the basis of
a violation of the Appearance of Fairness Doctrine must raise the challenge as soon as the
basis for the challenge is made known, or reasonably should have been made known. The
party seeking to challenge the Councilor shall state, with specificity, the basis for the
challenge and the Clerk shall so note in the minutes of the proceedings.
In the case of the Council sitting as a quasi-judicial body, the Presiding Officer shall have
authority to request a Councilor to excuse him/herself on the basis of an Appearance of
Fairness violation. Further, if two Councilor s believe that an Appearance of Fairness
violation exists; such individuals may move to request a Councilor to excuse him/herself
on the basis of an Appearance of Fairness violation. In arriving at this decision, the
Presiding Officer or other Councilors shall give due regard to the opinion of the City
Attorney.
8.12.3. Avoid Ex Parte Communications with Quasi -Judicial Parties
During the pendency of any quasi-judicial proceeding, no Councilor may engage in ex
parte communications with proponents or opponents about a proposal involved in the
pending proceeding, unless the Councilor: (1) places on the record the substance of such
oral or written communications concerning the decision or action; and (2) provided that a
public announcement of the content of the communication and of the parties' right to
rebut the substance of the communication shall be made at each hearing where action is
taken or considered on the subject. There is no prohibition against correspondence
between a citizen and his or her elected Official, if the correspondence is made a part of
the record, if it pertains to the subject matter of a quasi-judicial proceeding.
City of McCall Manual of City Governance Page 37
EXHIBIT A: SIMPLIFIED SUMMARY OF PARLIAMENTARY PROCEDURE
PARLIAMENTARY PROCEDURE AT A GLANCE
To do this:
It's
recommended
you say this:
May you
interrupt
speaker?
Must be
seconded?
Is motion
debatable?
Vote required
Adopt or
Approve
business
"I move that ..."
NO
YES
YES
MAJORITY
Amend a
motion
"I move to
amend this
motion"
NO
YES
YES
MAJORITY
Request
information
"Point of
information"
YES
NO
NO
NO VOTE
Suspend further
discussion
"I move we
table it" (until
when?)
NO
YES
NO
MAJORITY
End debate
"I move the
previous
question ..."
NO
YES
NO
MAJORITY
Postpone
discussion
"I move we
postpone this
matter until ..."
(when?)
NO
YES
YES
MAJORITY
Have
something
further studied
by a committee
"I move we
refer ..."
NO
YES
YES
MAJORITY
Ask for a vote
count to verify
a voice vote
"I call for a
division of the
house"
NO
NO
NO
NO VOTE
Object to
considering
some matter
"I object to
consideration"
YES
NO
NO
MAJORITY
Take up a
matter
previously
tabled
"I move to take
from the table
..."
NO
YES
NO
MAJORITY
City of McCall Manual of City Governance
Page38
Reconsider
something
already
disposed of
"I move we
reconsider
action on ..."
(time -date?)
But see note 1.
YES
YES
YES
MAJORITY
Consider
something in
unscheduled
order
"I move we
suspend the
rules and ..."
NO
YES
NO
MAJORITY
Vote on a
ruling by the
chair
"I appeal the
chair's
decision"
YES
YES
YES
MAJORITY
Object to
procedure or
personal
affront --chair
decides
"Point of order"
YES
NO
NO
NO VOTE
Recess the
meeting
"I move that we
recess until ..."
NO
YES
NO
MAJORITY
Adjourn the
meeting
"I move that we
adjourn"
NO
YES
NO
MAJORITY
Notes:
1. This motion may only be made by a Councilor who voted in the affirmative to adopt the
original motion and must be made at the same meeting or the next regular scheduled meeting.
2. The City Council, with five members, including the Mayor, operates in an informal manner as
compared with a larger assembly, such as the United States Senate, with 100 members.
Therefore:
a. In order for a Councilor to obtain the floor to speak, whether in debate or during
general discussion, one only needs to secure the attention of the Chair by raising their
hand or simply being recognized visually by the Chair. Each Councilor may then
speak from his chair and is not required to stand or speak from the lectern.
b. The Chair may also request the advice or opinion of each Councilor in turn to speak
on an agenda item.
c. When extended debate on an issue is expected, the Chair may, in advance of the
debate, allot specific time periods for members to speak in support or opposition of
the issue.
d. Motions to adopt a Resolution or an Ordinance, or other matter on the agenda, should
normally be made after presentation by a member of the Staff who has prepared the
document and after preliminary discussion by the Council, either within the Council
City of McCall Manual of City Governance Page 39
or as in a colloquy with members of the Staff. In this way a more complete and
adequate understanding of the matter is achieved. When the Chair determines that
sufficient preliminary discussion has occurred on the matter, it will then be
appropriate for a Motion for adoption or approval, followed by a sufficient second.
Then further debate may occur, with Councilors to speak in favor of, or in opposition
to, the matter. Also, amendments to the matter may also be introduced, seconded,
and voted upon. Finally, the question on the main motion is put by the Chair, or the
question is moved to cease debate and either adopted or defeated, wherein further
debate may occur.
e. In our Council, with five members, the typical requirement for a 2/3 vote is not
logical; thus, in those cases (such as for limiting debate), a majority vote of the full
Council (three of the five) is required.
3. The rules of parliamentary procedure practice as contained in ROBERT'S RULES OF
ORDER shall govern the McCall City Council in all cases to which the rules are applicable,
provided that the rules are not in conflict with this Manual, with the ordinances and Codes of the
City of McCall, or with State or Federal law. The Presiding Officer of the Council shall interpret
and apply the rules of parliamentary procedure, and the Presiding Officer's interpretation and
application shall be final and conclusive unless overturned by a majority vote of the City
Council.
City of McCall Manual of City Governance Page40
EXHIBIT B: CURRENT LIST OF CITIZEN COMMITTEES, COMMISSIONS, AND
BOARDS
See the MCC, Title 1, for a complete and current listing.B.1: STANDING CITY ADVISORY
COMMITTEES:
Pursuant to Idaho Statute, section 50-210, the City of McCall deems it necessary or expedient to
the efficient operation of the City to have citizen advisory committees including, but not limited
to, those named below (see MCC Title 1, Chapter 10):
Airport advisory committee
Environmental advisory committee
Golf course advisory committee
Historic preservation commission
McCall improvement committee
Parks and recreation advisory committee
Public works advisory committee
Tree advisory committee
B.2: PERMANENT BOARDS AND COMMISSIONS:
There shall be the following permanent boards and commissions whose existence, duties, and
responsibilities are provided by the Idaho Statue:
(A) The Planning And Zoning Commission further provided for in Title 3 of the McCall City
code;
(B) The Library Board of Trustees constituted as provided in the Idaho Code, Title 33, chapter
26.
(C) The McCall Redevelopment Agency as provided in the Idaho Code, Title 50, chapter 20.
The committees, commissions, and boards listed above shall be subject to the following general
guidelines, except to the extent stated to the contrary in the applicable resolution or ordinance.
, (a) Meetings
Committee meetings (when held) must be open to the public, including the media, unless
discussing matters which would qualify for an executive session (under the state law
defining eligible executive session issues that apply to the Council).
(b) Council Liaison to Citizen Committees, Commissions, and Boards
Liaisons shall be appointed by the Mayor and confirmed by the Council for specific
purposes and for a time certain (normally a term of one calendar year, which may repeat
if Council so determines). For example, the Council typically has two members
appointed to the McCall Redevelopment Agency. Liaisons may attend assigned citizen
group meetings and report to the Council on matters of public concern.
(c) Liaison Procedures
Individual members of the Council may be assigned as liaisons whose duties involve
keeping current with a group or activity by either attending meetings or conferring with
members, and keeping Council informed. Liaisons may advocate Council actions on
behalf of their assigned group or activity. Care must be taken to avoid an Appearance of
Fairness Doctrine violation or conflict of interest possibilities (i.e.: in the unusual case of
City of McCall Manual of City Governance Page41
a quasi-judicial proceeding). Liaisons' functions and duties may be further defined and/or
directed by the Mayor or Council President with concurrence of Council.
(d) Appointment
Except as otherwise provided by City ordinance or resolution, members of citizen
committees, commissions and boards shall be appointed in accordance with Title 1,
Section 1.10.3 and approved by a majority vote of the full the Council.
(e) Publication on Website
It shall be City policy to disclose names and terms of citizen boards, committees, and
commissions on the City website, with a description of the role and functioning of the
body.
City of McCall Manual of City Governance Page 42
EXHIBIT C: ILLUSTRATION OF SCALABLE PUBLIC PROCESS PLANNING
SYSTEM
Scalable Public Process Planning System
Getting the right people in the right place at the right time, making the right decisions, to keep
the residents of McCall well-informed and engaged.
Level of Public
Interest/Impact
Who and How
Sample Outreach
Activities/Tools
Straightforward issue
• Information only
• Low controversy
• One-time event
Ad Hoc Committee (2.1.3,
2.1.9)
• Staff "expert"
• Communications
Coordinator
4. A few E-mails
Information (2.4.6)
• Press release
• Calendar announcement
• Post on the City Web
More complex issue
• Multiple public
"touches"
• Public input helpful
• Low controversy
• Longer term impact
Ad Hoc Committee (2.1.3,
2.1.9)
• Director/designee
• Staff "expert"
• Communications
Coordinator
➢ One or more
meetings
Small-scale campaign
May include above, plus:
• Display ad
• ListSery notification
• FAQ
• Presentations to Key
Influencers (i.e., Rotary,
Chamber, 2.4.3)
Complex, and/or controversial
issue
• Lasting policy and/or
land use impacts
• High interest for
multiple community
elements
• Public input desired
• Longer process
Small Task Force (2.1.7, 2.1.9)
• City Council liaison
• City Manager/designee
• Director/designee
• Staff "experts"
• Communications
Coordinator
Longer, more complex
strategy
may include above, plus:
• Multiple press releases/
announcements
• Targeted outreach to
potential stakeholders
• Stakeholder meetings
(2.4.3)
• Neighborhood meetings
(2.4.5)
• One or more public
forums (2.4.4)
• Built-in, iterative
feedback loop to
evaluate results and alter
course
City of McCall Manual of City Governance
Page 43
Extremely complex,
significant and/or
controversial issue
Public Process Steering Group
(2.1.6, 2.1.9)
. City Council liaison
Large-scale, long-term PR
campaign may include above,
plus:
•
•
Lasting policy and/or
land use impacts
Engage broad range of
community interests
.
•
•
City Manager/designee
Director/designee
Staff "experts"
•
Strategic use of multiple
public engagement tools
like field trips,
informational
presentations, focus
•
Significant public input
required
•
Communications
Coordinator
groups, visioning
exercises, etc.
•
Long process
•
Citizen(s)
•
Clear, distinct milestones
and decision-point(s).
•
A series of meetings over
months or years
•
Built-in, iterative
feedback loop to
evaluate results and alter
course as needed
Note that outreach is an art, not a science; the committee composition and tools shown are NOT
PRESCRIPTIVE, but are examples of the approaches, tools and strategies that might be
appropriate for public process planning at various levels of Public Interest/Impact. The hard part
will always be the decision on when, or if, to engage the public beyond the regular or special
public meetings of the Council or Staff.
It will be difficult to predict when or how some topic or subject will be controversial or draw
significant attention from the public at large. Frequently, a small group, with some unknown (at
the time) agenda, will be attracted to a specific topic; they will generate considerable discussion
and argument over the topic, whereas the public at large will not seem to be concerned. Careful
planning and leadership of the discussion will be required to achieve broad consensus while not
seeming to "cave" to a small minority. The goal will always to achieve a consensus on the topic
at hand, both within the Council and the public.
City of McCall Manual of City Governance Page44
EXHIBIT D: ICMA Code of Ethics
The mission of the International City/County Manager Association (ICMA) is to create
excellence in local governance by developing and fostering professional local government
management worldwide. To further this mission, certain principles, as enforced by the Rules of
Procedure, shall govern the conduct of every member of ICMA, who shall:
Tenet 1
Be dedicated to the concepts of effective and democratic local government by responsible
elected Officials and believe that professional general management is essential to the
achievement of this objective.
Tenet 2
Affirm the dignity and worth of the services rendered by government and maintain a
constructive, creative, and practical attitude toward local government affairs and a deep sense of
social responsibility as a trusted public servant
Tenet 3
Be dedicated to the highest ideals of honor and integrity in all public and personal relationships
in order that the member may merit the respect and confidence of the elected Officials, of other
Officials and employees, and of the public.
Tenet 4
Recognize that the chief function of local government at all times is to serve the best interests of
all people.
Tenet 5
Submit policy proposals to elected Officials; provide them with facts and advice on matters of
policy as a basis for making decisions and setting community goals; and uphold and implement
local government policies adopted by elected Officials.
Tenet 6
Recognize that elected representatives of the people are entitled to the credit for the
establishment of local government policies; responsibility for policy execution rests with the
members.
Tenet 7
Refrain from all political activities which undermine public confidence in professional
administrators. Refrain from participation in the election of the members of the employing
legislative body.
Tenet 8
Make it a duty continually to improve the member's professional ability and to develop the
competence of associates in the use of management techniques.
City of McCall Manual of City Governance Page45
Tenet 9
Keep the community informed on local government affairs; encourage communication between
the citizens and all local government officers; emphasize friendly and courteous service to the
public; and seek to improve the quality and image of public service.
Tenet 10
Resist any encroachment on professional responsibilities, believing the member should be free to
carry out Official policies without interference, and handle each problem without discrimination
on the basis of principle and justice.
Tenet 11
Handle all matters of personnel on the basis of merit so that fairness and impartiality govern a
member's decisions, pertaining to appointments, pay adjustments, promotions, and discipline.
Tenet 12
Seek no favor; believe that personal aggrandizement or profit secured by confidential
information or by misuse of public time is dishonest.
City of McCall Manual of City Governance Page 46
EXHIBIT E: Executive Sessions (from IC Title 67)
67-2345. Executive sessions -- When authorized.
(1) An executive session at which members of the public are excluded may be held, but only for
the purposes and only in the manner set forth in this section. The motion to go into executive
session shall identify the specific subsections of this section that authorize the executive session.
There shall be a roll call vote on the motion and the vote shall be recorded in the minutes. An
executive session shall be authorized by a two-thirds (2/3) vote of the governing body. An
executive session may be held:
(a) To consider hiring a public officer, employee, staff member or individual agent,
wherein the respective qualities of individuals are to be evaluated in order to fill a
particular vacancy or need. This paragraph does not apply to filling a vacancy in an
elective office or deliberations about staffing needs in general;
(b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or
charges brought against, a public officer, employee, staff member or individual agent, or
public school student;
(c) To conduct deliberations concerning labor negotiations or to acquire an interest in
real property which is not owned by a public agency;
(d) To consider records that are exempt from disclosure as provided in Chapter 3, Title 9,
Idaho Code;
(e) To consider preliminary negotiations involving matters of trade or commerce in
which the governing body is in competition with governing bodies in other states or
nations;
(f) To communicate with legal counsel for the public agency to discuss the legal
ramifications of and legal options for pending litigation, or controversies not yet being
litigated but imminently likely to be litigated. The mere presence of legal counsel at an
executive session does not satisfy this requirement;
(g) By the commission of pardons and parole, as provided by law;
(h) By the custody review board of the Idaho department of juvenile corrections, as
provided by law; or
(i) To engage in communications with a representative of the public agency's risk
manager or insurance provider to discuss the adjustment of a pending claim or prevention
of a claim imminently likely to be filed. The mere presence of a representative of the
public agency's risk manager or insurance provider at an executive session does not
satisfy this requirement.
(2) Labor negotiations may be conducted in executive session if either side requests closed
meetings. Notwithstanding the provisions of section 67-2343, Idaho Code, subsequent sessions
of the negotiations may continue without further public notice.
(3) The exceptions to the general policy in favor of open meetings stated in this section shall be
narrowly construed. It shall be a violation of this act to change the subject within the executive
session to one not identified within the motion to enter the executive session or to any topic for
which an executive session is not provided.
(4) No executive session may be held for the purpose of taking any final action or making any
final decision.
City of McCall Manual of City Governance Page47
EXHIBIT F: Council Powers & Responsibilities (a summary from AIC "Roles and
Responsibilities Manual")
A. Legislative
Adopt laws (ordinances) to protect the public health, safety, morals, and welfare.
Annex territory in the City by ordinance.
Adopt a comprehensive plan by resolution.
Adopt a zoning ordinance and a subdivision ordinance.
Negotiate with the county commissioners to delineate an area of City impact, including
the land use regulations for the area.
Create and urban renewal agency.
Determine the level of services to be provided by the City, including any fees for those
services.
Adopt franchise ordinances.
Adopt personnel, financial, investment, purchasing, and other policies governing City
operations by resolution.
License and regulate businesses and occupations within the City and setting license fees.
Vacating City streets and public rights -of -way.
B. Fiscal
Prepare and approve a budget of projected revenues and expenditures for the upcoming
fiscal year.
Approve the City property tax levy for the fiscal year.
Periodically examine the accounts of officers responsible for managing the monies and
properties of the City.
Provide for audits of the City's financial statements per IC 67-450B.
Establish, by ordinance, the place(s) of deposit for City funds.
Approve, by resolution, investment of City funds.
C. Quasi -Judicial
Decisions on rezones, conditional use permits, variances, and subdivision plats.
Denial of licenses for retail sale of beer, wine, and liquor by the drink
D. Appointment and Removal
Appoint the City Manager with appropriate contract of employment.
Confirm appointment by the City Manager other Officers or Department Managers of the
City.
Appoint a person to fill the term of a Councilor who has resigned or be dismissed (to
serve until the next scheduled election).
City of McCall Manual of City Governance Page48
Appoint the City Attorney.
E. Miscellaneous
Establish by ordinance City board, commissions, and committees and define their
membership, responsibilities, duties, and authority.
Set compensation of the Mayor and Councilors by ordinance.
Approve the disposal of surplus real property.
EXHIBIT G: Resolutions as defined by AIC:
A resolution is a binding decision of the Council and is used for more administrative matters.
Unlike the adoption of an ordinance, there are no reading and notice requirements.
Examples of actions that may be best accomplished by a resolution include:
1. Adoption of Council procedures
2. Adoption of a personnel policy
3. To authorize the Mayor to sign a contract on behalf of the City
4. To authorize a schedule of fees
5. To authorize the destruction of records (the schedule of which would be set by ordinance)
6. To authorize the sale of surplus equipment
7. Adoption of a financial policy
EXHIBIT H: Examples of when to use an Ordinance
1. To regulate people and their actions
2. To regulate property (zoning, subdivisions)
3. To grant franchises
4. To authorize bond issues
5. To adopt the annual budget
6. To adopt a records retention schedule
City of McCall Manual of City Governance Page49
Acknowledgements and Referenced Documents
The City of Bainbridge Islands "Manual of City Governance Policies, Procedures, and
Guidelines; substantial portions of this Manual were "borrowed" as a basis for the McCall
Manual.
Stanley E. McNutt, ICMA Range Rider (rangerider@cpcintemet.com). Many thanks to Stan for
his expert guidance in showing our Council the way forward!
Association of Idaho Counties and Cities:
1. Municipal Meetings Manual
2. Ordinance and Resolution Manual
3. Planning and Zoning Manual
4. The Nature and Powers of Cities Manual
5. Public Records Manual
6. Records Retention Manual
7. Roles and Responsibilities Manual
Idaho Attorney General:
1. Ethics in Government Manual
2. Open Meetings Law Manual
3. Public Records Law Manual
State of Idaho Statutes, especially:
1. Title 50, "Municipal Corporations"
2. Title 67, "State Government and State Affairs"
City of McCall City Code
1. Title 1, Administrative
2. Title 3, Planning and Zoning
3. Title 9, Subdivision and Development
Robert's Rules of Order, Newly Revised (11th Edition)
City of McCall Manual of City Governance Page 50