CC Minutes - 09/22/03 Mtg - Laserfiche WebLink

Home Browse Search

3. ACTION: An Ordinance Concerning a Code of Ethics for Public Officials: and Adding Sections 2.480, 2.482, 2.484, 2.486, and 2.488 to the Eugene Code, 1971 Councilor Nathanson moved, seconded by Councilor Taylor, that the City Council adopt Council Bill 4847, an ordinance concerning the City Council Code of Ethics. Councilor Bettman moved, seconded by Councilor Taylor, to amend the ordinance by adding a new sentence at the end of both 2.486(1)(a) and (1)(b) to read as follows: A copy of the CityAttorney's report shall also be forwarded to the City Council. Councilor Bettman spoke to the amendment, conveying her belief that sending the report regarding complaints against executive managers provided the council relevant information with which to evaluate the City Manager. She stated that this would not give the council the ability to act. Assistant City Manager Jim Carlson said that City Manager Dennis Taylor had indicated strong opposition to the amendment. He stressed that, while such a report might provide a particular point of view about a particular executive manager, it was a one-sided point of view because it would only be the complaint side of the process. As such, he said it would not provide an overall view of personnel management and would not be a good indicator of the job of the City Manager. He stated that the City Charter was clear on separation of the manager and the City Council on matters pertaining to employment of all staff below the City Manager. Councilor Kelly said that, if as a result of receiving a copy of the report, the council could act, he would oppose the amendment. However, as it was simply information, he felt that it would aid the council in understanding a situation. He stated that, in terms of it being a one-sided presentation, there could be ways to mitigate this, including the report submitted to the council from legal counsel on such a complaint. He suggested adding language that would specify that the council would not receive a copy of the report prior to the resolution of any personnel issue. Councilor Taylor concurred with Councilor Kelly. Councilor Meisner said the motion, as presented, applied to not only subsection (b) but to subsection (a) in which no merit would be found to the complaint. He related that, having managed staff at the library and in nonprofit groups, he could not imagine having what could be often frivolous, vengeful, or spiteful complaints, complaints that were found to be without merit, become public documents by virtue of having been distributed to the City Council. He opposed the amendment as it stood. In response to a question from Councilor Bettman, Mr. Carlson stated that he did not know of any such complaints brought to the City Manager. Councilor Bettman called receiving such a complaint an unusual situation. She pointed out, regarding the concerns expressed by the City Manager, that the council would be presented, should the amendment pass, with the City Attorney's report that would present both sides of a complaint with comment as to the merit of it. She was amenable to deleting subsection (a) from her motion. Councilor Solomon joined the meeting. MINUTES--Eugene City Council September 22, 2003 Page 5 Regular Meeting