03-14-01 Minutes
YELM CITY COUNCIL WORK SESSION
WEDNESDAY, MARCH 14,2001,6:00 P.M.
YELM CITY HALL COUNCIL CHAMBERS
Mayor Rivas called the Work Session to order at 6:00 p.m.
Council Present: John Thompson, Bob Isom, JW Foster and Glen Cunningham
Executive Sessions was added to the agenda as a new item.
1. Executive Sessions. Mayor Rivas indicated that focus would be on the 2/28/01
executive session when Council considered the two applications for the vacant
council position. In a conversation he had with one of the applicants following the
session, the individual discussed statements that had been made in the
executive session. Mayor Rivas stated to the group that he was upset by this
breech of confidentiality and he contacted MRSC and researched RCW's
concerning executive sessions. His findings indicated that discussing executive
session material outside of the session is against the law. Copies of the
referenced RCWs were provided. Mayor Rivas affirmed that coming into a new
position, his intent is to make sure that ours is a professional council. His
intention in scheduling this work session is to provide guidance and direct
members to available resources.
Mayor Rivas added that in the future he would be more forceful in finding out who
spoke outside of executive session. He stressed that what is said in executive
session must stay there. And that what complicates the matter is that the
information passed outside the session was wrong. He didn't, in fact say things
reportedly said by him in the executive session.
Mayor Rivas expressed that rumors and misinformation were being discussed
within the community that he had said disparaging things about Ms. Curry and
that he had influenced Councilmembers to vote in the manner that they did. The
three Councilmen that participated in the Executive Session (John Thompson,
Glen Cunningham and Bob Isom) unanimously confirmed that in fact none of the
allegations or statements were true and that they voted for the candidate of their
choice with no influence from Mayor Rivas.
Mayor Rivas stated that he does not think the mayor should have citizens coming
up to him after the fact, saying he as Mayor should have supported one
candidate or another. Councilmember Isom stated that it was his belief and
feeling that the Mayor should have been involved in the discussion during the
Executive Session so that the Council could get his views. Mayor Rivas stated
that he did not feel comfortable with making any influential comments, as
selection of the appointee is a Council decision.
Mayor Rivas stated that he feels very strongly about his role as mayor and the
role of Councilmembers and that we will always be above board, on the record,
and straight. One of the things being discussed is that the media nationwide
wants no executive sessions. When Keven Graves (Editor, NVN) and Mayor
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Rivas had their meeting, it was expressed to Keven that it was Mayor Rivas'
intention to keep executive sessions to a bare minimum, where we are talking
about an applicant for a department head position, or a real estate transaction.
There are very few things that we can go to executive session on and because
the mayor controls the agenda, he feels strongly that we need to keep as much
of this in the public as possible, because we have nothing to hide. He stated that
we are all good people coming here to do a job. That is what we hired on and
took our oath of office to do.
Shelly Badger reported that requests have been received for copies of the
applications. And that staff checked with MRSC and found that council
applications are public records. Copies were provided. Agnes Bennick added that
she has revised the application so that future applicants will be aware of this
issue and not provide unlisted home or work phone numbers or email addresses
that they can't or don't want made available for general use.
1. A. Organizational Chart Review & Discussion. Mayor Rivas reviewed the
organizational chart, chain of command, council's legislative role, and the
mayor's administrative role and where they fit in. Councilmember Isom
requested that the prosecutor be added under the municipal court. There was
some discussion concerning this, as the prosecutor's position is a contract for
services rather than an employee position.
Liaison roles were discussed, with Mayor Rivas explaining that hopefully liaisons
will contact the department head at least monthly to find out how things are
going. Liaisons should find out if the department has needs or if something needs
changing. Liaisons should respect fellow Councilmembers assignments and go
to the appropriate department liaison for information about that department. It
was also suggested that if approached by an employee with a problem to refer
that employee to their department head.
Mayor Rivas reviewed the Citizen Action Request form, how the forms are used,
and the process for delegating requests for action/follow up. With citizen
contacts, check with staff to find out when a request was filed, where it is in the
system and if it's been resolved.
2. Councilmembers Handbook Review of the handbook included form of
government, legislative and policy-making powers of council, administrative
authority, including veto power vested in the mayor; mayor's authority; avoiding
mayor-council conflicts.
A question was raised concerning contacting the city attorney. Mayor Rivas
responded that it would depend upon the situation. And suggested contacting
Shelly or Agnes first or starting with Municipal Research. He spoke highly of
MRSC and the services their attorney and consultants provide. There was some
discussion about information available on the comprehensive web site they
maintain.
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Other items discussed included the elected officials' role in policy making,
personnel matters, the budget, process, council meetings, land use and planning
expenditures and contracts and relationships with other entities.
3. AWC Conference Reminder. Contact Shelly so reservations can be made. The
city pays the conference registration fee, appropriate meals, excluding alcoholic
beverages, and room charges. Councilmembers pay any additional amounts for
their spouse.
4. Proxy VoteNote by Phone. There was discussion concerning the possibility of
developing a policy to allow Councilmembers to participate in executive sessions
and cast a vote using a speakerphone. Discussion concerned participation
disadvantages when the member is absent. Council was not in favor of
developing a policy at this time. If there is an interest at some time in the future,
the issue can be revisited.
5. Coffee & Light Refreshment Policy - Consensus supported a staff request to
gather information and put together a draft policy.
6. Other
Initiative Measure 722. There was some discussion concerning AWC's request
to the city for financial participation with 1-722 legal expenses incurred by other
jurisdictions. In considering the request council weighed: election results 35% of
Yelm's voters cast ballots against the measure, 65%) voted for passage; the
constitutionality of the initiative; elected officials' oath and obligation to uphold
feder I d state constitutions; and the complexity of the measure. No decision
was a_lop
Ii" yJ Ii [-lvI-ilL ic
s P. Bennick, City Clerk
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