HomeMy WebLinkAbout07/31/1980 Meeting
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M I NU T E S
EUGENE CITY COUNCIL
e July 31, 1980
Special meeting of the City Council of the City of Eugene, Oregon, was called to
order by His Honor Mayor Gus Keller at 7 p.m., Thunderbird Motor Inn, July 31,
1980, with the following councilors present: Betty Smith, Scott Lieuallen, Jack
Delay, D. W. Hamel, Brian Obie, and Gretchen Miller. Councilors Eric Haws and
Emily Schue were absent.
Mayor Keller announced that he had received a call from Paget Engen who needs
help from the councilors regarding Boundary Commission funding. He requested
that four councilors call the four local legislators. The purpose for these
calls will be to request that the legislators put back the Boundary Commission
funding on the restoration list and to ask for their support.
I. SPECIAL COUNCIL MEETING TO DEAL WITH PROCESS FOR NEW CITY MANAGER SELECTION
Mayor Keller stated that this public meeting would be to develop the
process which would then be taken to a public hearing and adoption of the
process would be requested which would allow the council to hold some
e meetings in executive session. He referred to City Attorney Stan Long's
memorandum of July 23, which outlined the process. The timing is impor-
tant and each meeting should show progress in order to reach the goal of
January 1, 1980 for selecting a new City Manager. He stated that the
other issue would be to deal with the councilors-elect and what role they
would play in the process.
Mayor Keller noted that tonight's agenda would consist of opening remarks
while the consultant, Don Murray, would write additional selection steps
on the outline on the flip chart that go beyond the initial list, the
purpose of the work sect ion, the ground rul es, and a rev i ew of the 1 ega 1
elements of the selection process. Then, the selection process would
include a review of the memorandum "Steps in Selection," the council and
Mayor could add items, and then they would develop a timeline. When this
process was completed, they would deal with decisions that needed to be
made that evening, and then the meeting would end.
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Stan Long, City Attorney, stated that as outlined in his July 23 memo-
randum, certain steps must be taken. The council has the responsi-
bility to appoint the City Manager; and if they fail to act before a
vacancy would occur, the Mayor must appoint a manager pro tempore. The
appointment of a City Manager must occur only at a regular or special
council meeting held in accordance with the regular council procedures
where the Mayor would preside but not vote unless there was a tie.
Some consideration of candidates for City Manager can occur at private
e executive sessions, according to State law, provided that certain steps
are taken.
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The Mayor may call an executive session under ORS 192.600(1)(a)(D) only ,
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a. The vacancy in the City Manager's Office has been advertised, e
b. Regularized procedures for hiring have been adopted, and
c. There has been an opportunity for public input into the employment of
a City Manager.
In addition, Mr. Long stated, as a matter of State law, the standards,
criteria, and policy directives to be used in hiring must be adopted in an
open public meeting, although candidates can be considered in executive
session. The final vote or action to hire must occur in an open public
meeting. This means that at least two public meetings of the council will
be involved: one, to provide for the advertising of the vacancy, adopting
hiring procedures, and providing an opportunity for public input. If
standards, criteria, and policy directives are used, they also must be
adopted at a public meeting. Thereafter, final action must occur in an
open public session. If these minimum steps are taken, private executive
sessions can be held to evaluate candidates. Probably more than two
public meetings will be involved, and probably several executive sessions
will be necessary. The press can attend executive sessions; however, the
council may specify information that cannot be disclosed. The counc il ors-
elect will be unable to vote unless the procedure will extend until after
their term of office begins January 1, 1980. If they attend executive
sessions, they would need to sign agreements of confidentiality ju~t as it
would be for the media. e
Mr. Delay stated that in regard to the open meetings law, it is his
understanding that names of potential candidates could be established in
executive session and they could not be reported so that potential appli-
cants could apply in confidence. He asked about questions that the
council would like to ask potential candidates in the interview. Mr. Long
responded that control questions could be exempt from disclosure.
Mr. Lieuallen asked when a decision would be made regarding the role of
the councilors-elect. Mayor Keller responded that a decision could be
made tonight after discussion.
Mr. Henry stated that it is his understanding that the council would like
to proceed with national advertising and this position availability could
be inserted into the August 14 issue of the leMA bulletin. He will need
to know whether to insert into the ad that this will be held confidential.
Ms. Smith stated that the council had decided last Wednesday to advertise
the position as soon as possible. She would like to make sure that
confidentiality is ensured. As she understands it, the present council
has the responsibility of hiring the new Manager if it is done before
January 1 and councilors-elect would be welcome to participate as members
of the public. Mayor Keller noted that that would be the process until
January 1 but when it gets down to the final decision-making, the counci-
lors-elect will not participate. Mr. Lieuallen noted that he may be in
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disagreement. He feels councilors-elect should be invited to executive
e sessions and they could make an agreement as the media does and be more in
the role of ex officio members. He thinks it is important that they
provide input into the executive sessions and feels very strongly about
this. He noted that if this is a problem, it should be discussed. Mr.
Hamel noted that he would like to see this item discussed before he has to
leave at 9:30, should the council meeting run later. Mr. Murray stated
that he is attempting to list all the items and that they would be
added to the list for discussion.
"Steps in Selection Process"
(Note: A "brainstormed" beginning, not in sequence, not rank-ordered, not
compl ete.)
A. Public Meeting--advertise vacancy
adopt hring procedures
provide for public input
B. Discuss ways to protect anonymity of potential applicants
C. Select criteria (outline of what council wants done) for type of con-
sulting firm to do recuiting/screening--want subcommittee of council?
D. Select consulting firm to do initial recruiting/screening/inter-
viewing--firm to be selected by subcommittee of council
e E. Review legalities of process under City Charter--Stan Long
F. (With consultants) council is to be interviewed about desired City
Manager qualities
G. ' (With consultants) meet as council to adopt City Manager qualitiesl
profile
H. Advertise opening in relevant publications
1. Prov ide consultants with "commun ity profil e" informat ion
J. Officially close off further applications
K. Public input to the "Regularized Procedures for Hiring"
L. Executive Session #l--to review and evaluate applicants
M. Executive Session #2--to evaluate applicants, final recommendations
MI. Executive Session #3--to interview top five or six candidates
M2. Executive Session #4--to make final choice
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N. Final action occurs at public meeting
o. New manager offered position
P. Solicitation of department heads about qualifications desired in new e
Manager
Q. Solicitation of department heads re: traits preferred and traits to
avo i d
R. Determine staffing needs--support staff (City staff) for process
S. National advertising--timing and minimum requirements, also, confiden-
tial report process
T. Develop questionnaire for department heads and other staff; also one
for interested citizens
u. Solicit input from boards and commissions
V. _ Decide on a mechanism for input from City staff
w. Preliminary screening before finalists are chosen
X. Interaction with recruitment organization
Y. Develop standard questions and format for interviews
z. Give guidelines and minimum requirements to recruiting organization so e
they can do preliminary screening to save council time, but leave
option open for councilors to see all applications~-will firm pro-
actively recruit?
AA~ Council training for interview techniques
Mr. Murray asked if the criteria for item A had been completed to adver-
tise the vacancy, to adopt the hiring procedures, and to provide for
public input. Mr. Henry responded that it had not, that prior to adver-
tising the question of confidentiality must be decided, the form of
posting ~ salary must be stated and the minimum acceptable qualifications,
deadline date, and where the applications are to be received needs to be
discussed. He stated that the lCMA bull et in woul d provide one free ad
with maximum coverage and then subsequent publications of that bulletin
would refer back to the original ad. If the ad were to be called in on
,August 1,' it would appear in the August 14 issue of the ICMA bulletin.
Ms. Smith asked if the consulting firm listed in the "Steps in Selection
Process" referred to Don Murray I s firm. Mr. Murray responded that it did
not, and that it would be inappropriate for him.
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Mr. Hamel asked if the councilors would be going througn all the applica-
e tions and if the recruiting firm would go through them. Mayor Keller
stated that minimum qualifications would be set and as the applications
come in, the recruiting firm eliminates those not qualified. Highly
qualified applicants' applications could be distributed to the councilors
and this could be a part of the agenda for the first executive session.
Ms. Miller noted that she would like the option of seeing all applications. I
Mr. Delay indicated that he would like a training session for interviewing
since he does not feel the councilors have that experience. Mayor Ke 11 er
noted that the recruiting firm representative would talk"with the council-
ors regarding the profile of an ideal City Manager. Mr. Delay asked if
the firm would do the recruiting as well as the screening. The response
was that they could do that. Mr. Henry said that he has proposals from
three firms and each of the proposals outlines that firm's process. The
recruiting firm would do all screening as well as proactively seeking
qualified candidates; and at any time, any councilor could look at the
applications. Cindy Wooten, councilor-elect, noted that it has been her
understanding in instances like this that the consultants put together a
campaign with a brochure and questioned the necessity of independent
advertising and whether it should be done on August 1 or not. Mr. Henry
noted that the August 1 placement of the ad would be only to let potential
applicants know that a position is upcoming. Ms. Wooten then asked if
they would be reviewing all the applications. The response was that they
woul d.
Ms. Smith indicated that she would like to see the consultants from the
recruiting firm interview all of the councilors for a profile of the ideal
e City Manager and consensus was to have this done. She also noted that she
wants the recruitment firm to be told that they should proactively recruit.
Ms. Miller stated that she would like to find out more about other cities'
experiences. Mr. Delay suggested that perhaps a group of councilors could
visit other communities that had just hired a manager and meet with them
and bring back a report to the full council.
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In regard to what the council wants from the recruiting firm, Ms. Wooten
stated that in similar experiences, productive experiences have occurred
by visiting the home towns of the finalists. Mr. Hamel stated that that
had been done with L-RAPA after a tentative decision was made, but before
anyo ne was not i f i ed,. Mayor Keller noted that it should be done in advance
of the final selection.
Mr. Obie said that the council needs training regarding interviewing
techniques. Mr. Henry responded that the recruitment firm could provide
that training. Mr. Obie further suggested that he would like to see what
a broad spectrum of the community would desire to see in an ideal City
Manager and not have that input limited to a public hearing. Mr. Delay
noted agreement in using various forums to gain input and suggested that a
questionnaire could be devised. Ms. Smith agreed. Mayor Keller asked
what would happen if the public profile were different from what the
council felt was needed and what the council would do in that instance.
Ms. Smith responded that they may not take every suggestion. They could
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accept or reject ideas, but the Manager works for the entire community.
Ms. Wooten noted agreement regarding the questionnaire, but she feels two e
questionnaires should be devised: one for staff and department heads, and
one for the general public. . Ms. Miller noted that input could be requested
from many sectors, but the final decision would be made by the council.
Mr. Delay stated that this process may give additional ideas. Ms. Mill er
agreed but noted that the timing is crucial. Carol Baker stated that from
a public relations standpoint, if input is requested, then people need to
feel that their ideas have made a difference, and suggested that, if it
would not be that way, input not be solicited. Mr. Delay noted he would
like to see all the suggestions that could be obtained because he has not
been able to think of every possible criterion. Mayor Keller cautioned
the council about allowing the publ ic input questionnaires to become a
farce.
Mr. Murray stated that this process is a way to make a series of decisions
over a period of time.
Mr. Hamel asked if the firm that had recruited Mr. Henry was among those
being considered. Mr. Henry responded that it is. He suggested that
perhaps a subcommittee could come back to the full council and make a
recommendation. Ms. Smith agreed. Mr. Lieuallen asked what the cost will
be. Mr. Henry responded that it varies depending upon the scope of
responsibilities and actual expenses incurred.
Ms. Smith stated that she would also like to see a subcommittee assigned
the responsibility for developing the two questionnaires. e
The deadline date for submission of applications was discussed and con-
sensus was that the deadline would be October 8, 1980, which Mr. Henry
noted should be adequate time for the recruiting firm and then would allow
30 days for interviewing. Mr. Delay asked how long it would be from the
time that the appl ications were closed until the batch of appl ications
would be available to the council. Mr. Henry responded that it would be
approximately two to three weeks. Mayor Keller noted if this time limit
were to be kept, a firm should be chosen by August 6.
Mr. Delay asked when the public hearing would occur and Mayor Keller
responded that the subcommittee could get the firm on board and they could
make a presentation of the profile for the ideal Manager at the council
meeting on August 13. Mr. Henry noted that following a presentation by
the consultants, public hearing would be opened.
The council then discussed how they could specify confidentiality in the
ad and how to post the salary, what qualifications would be acceptable,
where the applications were to go, and confirmed the deadline date. Mr.
Long noted that if confidentiality is to be ensured, executive sessions
would need to be called.
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Ms. Smith moveds seconded by Mr. Lieuallens that the advertising
would state that confidentiality would be ensured for the appli-
e cants and that the interviews would remain confidential.
Mr. Lieuallen asked how they could be certain that confidentiality would
be ensured. Mayor Keller responded that everything would be done that is
possible. Ms. Wooten asked if the intent was that confidentiality would
be ensured throughout the entire process. Ms. Smith responded that that
was the intent. Mayor Keller noted that the exception would be if any
candidates would allow their names to be announced.
Roll call vote; motion carried unanimously.
Mr. Hamel moveds seconded by Mr. Obies that the salary be posted
as negotiable. Roll call vote; motion carried unanimously.
Consensus of the council was that preferences would be listed rather than
minimal acceptable qualifications and that those preferences would be:
1. Five years experience as city managers assistant managers or equiva-
lent chief executive officer of a public body from at least a
medium-sized city;
2. Extensive knowledge of local government and administration; and
3. Undergraduate or graduate degree in managements public administrations
or related fields.
e The fact that the City of_Eugene is an equal opportunity employer is also
to be stated in the ad.
The council consensus was that applications would be received at Mayor
Keller's home and kept in a locking file to be provided by the City.
Ms. Smith moveds seconded by Mr. Lieuallens that the deadline date
for applications be October 8s 1980. Roll call vote; motion
carried unanimously.
The council then discussed the roles of the current council and,the
councilors-elect in the hiring process. Mr. Delay noted that legallys the
current council is responsible for hiring unless no one would be hired by
January Is 1980s when the councilors-elect would take office. He feels
thats when the interviews and intensive interaction with the recruiting
firm regarding the profile of the individual happens councilors-elect
as well as the current council should be involved. This would provide an
ability to identify important qualities. Helping to identify the profile
of the ideal City Manager would be an appropriate role for the councilors-
elect and then the current council will deal with the rest of the process.
The councilors-elect will be kept up to date on an informal basis through-
out the entire process.
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Mr. Lieuallen noted agreement that the council currently serving would
make the decision, but he feels that the councilors-elect should be
welcome and involved with the subcommittees and should be invited in an ex e
officio capacity to the executive sessions and be allowed input. Ms.
Smith noted that she disagrees that any subcommittee should be comprised
in part or whole of councilors-elect and tnat this should be taken on by
the present council. Ms. Wooten noted that it would be important for the
councilors-elect to participate in discussion. It would also be important
to be notified as regularly as the current council about what is going on
from the Attorney's Office, the City Manager's Office, and the recruitment
firm. She would like to participate in the meeting and is interested in
participating in selection of the consulting firm as well as interacting
with the recruiters. Mr. Murray asked for clarification as to the role of
the councilors-elect in participation in the process after the interviews.
Ms. Wooten's response was that she hoped they would be able to participate
but not to vote. Mr. Delay reiterated that interacting with the con-
sulting firm and being interviewed in regard to the profile of the ideal
City Manager would be a part of the role of the councilors-elect but
dealing with the candidates themselves would not be an appropriate role
for the councilors-elect to play since it is not their legal responsi-
bility but rather one of the current council. He stated that councilors-
elect should be involved in the mechanism and the process, the screening,
and criteria for the Manager, but not beyond that.
Mr. Obie stated that that is what has happened in the past and that this
is only one of many important items that will be coming up in the near
future for the councilors-elect to remain informed about. They shoul d be
afforded as much input as possible and provided with as much information e
as possible, but that is where their role ends.
Mr. Lieuallen noted disagreement with Ms. Smith's point that the council
only has the legal responsibility regarding subcommittees, since there are
many other commissions, boards, etc., which consist, at least partially,
of' 1 ay peopl e. The subcommittee would only be making recommendations to
the full council, and there should be no legal objection to that. Ms.
Wooten said that she has no disagreement about where the legal responsi-
bility falls and that this is different from advisory committees. She
does not understand why councilors-elect should be excluded from participa-
tion in the executive sessions. Mayor Keller responded that there are
legal requirements. Ms. Wooten then stated that Mr. Long had outlined the
confidential agreement which they would be willing to sign. Mayor Ke 11 er
responded that in that case they would be invited as spectators, but would
probably not be allowed to participate in the proceedings. Mr. lieuallen
asked why they would not. Ms. Miller responded that constituencies cannot
be represented twice, which is what would occur if both councilors-elect
and the councilors from those wards were providing input.
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Ms. Smith moved that the current City Council be responsible for
e hiring the new City Manager as dictated by the City Charter, that
the task forces be made up of current City Councilors but that the
City Councilors-elect could attend these meetings, that councilors-
elect be asked to attend executive sessions under special consider-
ation as observers but not to participate, and to be involved with
interviews with the recruiting firm, and that their input be con-
sidered for the profile of the ideal City Manager. Mr. Li eu a 11 en
seconded the motion.
Ms. Miller stated that she has no problem with the councilors-elect
participating as non-voting members in the meetings. Ms. Smith stated
that decisions and recommendations should come from the council, but the
councilors-elect could participate and would be welcome to provide input.
Roll call vote; motion carried 5:1 with Councilor Lieua1len voting
no.
Consensus of the council was that they want the recruiting firm to follow
their guidelines, to be an addition to the regular advertising process, to
proactively recruit, to comply with laws, to have them review all of the
applicants, and to have the firm interview all councilors and counci10rs-
elect.
Mr. Delay noted that this may be a closer relationship than the recruit-
ment firm would expect. Mr. Henry responded that it might be and this may
create a situation where their fees would be higher. Mr. Delay suggested
e that, when contact is made with each firm, they be made aware of the
council's desires.
Mr. Henry noted that within two to three weeks, the recruiting firm could
deliver the applications of the top 30 applicants to the council, after
the deadline date. Mr. Obie noted that he would like the recruiters to
contact the top 200 cities in the nation and proactive1y recruit. Dif-
ferent strategies/scenarios for hiring/selecting were discussed and it was
determined that they could perhaps visit or interview other elected
officials to see what they had liked about the process and to determine
any pitfalls of the process, and that they could visit the home "turf" of
finalists after a tentative decision had been reached.
The subcommittee to select the recruiting firm consists of Mayor Keller,
Councilor Smith, and Councilor Delay, and they will meet at 10 a.m.
Saturday, August 2, 1980, in the Mayor's office. A subcommittee was
chosen to draw up the questionnaires for department heads and staff and
for the general public. It will consist of councilors Gretchen Miller,
Emily Schue, and Scott Lieua11en. This subcommittee will meet at 8 a.m.
Monday, August 4, 1980, in the Mayor's office.
Ms. Smith moved, seconded by Mr. Lieual1en, that the two above-
mentioned subcommittees complete their tasks and bring a report
back to the full council. Roll call vote; motion carried
unanimous 1y.
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Mayor Keller asked Mr. Henry for permission to allow Greg Page to coordi-
e nate activities for this process inside City Hall and with Mayor Keller.
Mr. Obie noted that one secretary would be the desire of the council to
follow through the entire process. Mr. Delay suggested allowing both
council assistants to aid Mr. Page and that they be released from their
individual council priorities as much as possible. Mr. Henry agreed to
this. Mayor Keller asked if Lynda Nelson would be the secretary to carry
out clerical duties for this process. Mr. Henry responded that he would
consult with Mr. Page regarding his preference.
The meeting was adjourned to August 6, 1980.
Respectfully submitted,
Charles T. Henry
City Manager
(Recorded by Lynda Nelson)
CTH:LN:db/CM8a10
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