Aberdeen City Council

AGENDA FOR THE CITY COUNCIL MEETING CITY OF ABERDEEN, SOUTH DAKOTA MONDAY, SEPTEMBER 14, 2020 AT 5:30 P.M. CITY COUNCIL CHAMBERS, CITY HALL, 123 S. LINCOLN ST. 1. CALL TO ORDER ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. MINUTES, CITY COUNCIL MEETING OF SEPTEMBER 8, 2020 4. PROCLAMATION – “DIRECT SUPPORT PROFESSIONALS RECOGNITION WEEK” ON SEPTEMBER 14 – 18, 2020 OPEN FORUM 5:30 TO 5:40 P.M. – 1. SEE FORMAT GUIDELINES AT END OF AGENDA 5. OLD BUSINESS A. DISCUSSION AND CONFIRMATION OF 2021 PROMOTION FUND ALLOCATIONS TO AGENCIES POSSIBLE APPROVAL OF 2021 PROMOTION FUND ALLOCATIONS TO AGENCIES BASED ON A BUDGET OF $1,060,250 6. CONSENT CALENDAR – POSSIBLE APPROVAL A. LICENSE – PRIVATE SECURITY – CAMELLA BROCK B. REQUESTS FOR STREET USE: 1. NSU MARCHING BAND EVENT ON SEPTEMBER 16, 2020 2. NSU MARCHING BAND EVENT ON SEPTEMBER 25, 2020 7. NEW BUSINESS A. HEARING ON SPECIAL ONE-DAY RETAIL ON-OFF SALE MALT BEVERAGE & SD FARM WINE LICENSE ON SEPTEMBER 17, 2020 FOR THE ABERDEEN AREA CHAMBER OF COMMERCE DBA ONE-LEGGED PHEASANT BREWERY’S BEER AND PIZZA DINNER, 8TH AVENUE, SE BETWEEN SOUTH MAIN ST. AND SOUTH LINCOLN ST. POSSIBLE APPROVAL OF A SPECIAL ONE-DAY MALT BEVERAGE LICENSE ON SEPTEMBER 17, 2020 FOR ABERDEEN AREA CHAMBER OF COMMERCE DBA ONE-LEGGED PHEASANT BREWERY’S BEER AND PIZZA DINNER INCLUDING A STREET CLOSURE ON 8TH AVENUE, SE BETWEEN SOUTH MAIN ST. AND SOUTH LINCOLN ST. FOR THE EVENT B. HEARING ON SPECIAL ONE-DAY RETAIL ON-SALE LIQUOR LICENSE ON SEPTEMBER 24, 2020 FOR ABERDEEN DOWNTOWN ASSOCIATION’S WINE WALK ON SOUTH MAIN STREET FROM 6TH AVENUE TO RAILROAD AVENUE POSSIBLE APPROVAL OF A SPECIAL ONE-DAY LIQUOR LICENSE ON SEPTEMBER 24, 2020 AND A COMMUNITY EVENT PERMIT FOR THE ABERDEEN DOWNTOWN ASSOCIATION’S WINE WALK 09/11/2020 Page 1 of 70  C. REQUEST TO REVIEW AND APPROVE RULES OF PROCEDURE AS AMENDED BY THE BOARD OF ETHICS ON SEPTEMBER 1, 2020 POSSIBLE APPROVAL OF THE RULES OF PROCEDURE AS AMENDED, APPROVED, AND ADOPTED BY THE BOARD OF ETHICS AT ITS REGULAR MEETING ON SEPTEMBER 1, 2020 AND AUTHORZE THE MAYOR TO SIGN THE SAME D. REQUEST TO ACCEPT QUOTE FOR WASTE OIL BURNER, 250 GALLON OIL TANK AND STAND, NEW CHIMNEY, AND INSTALLATION FOR THE RIDE LINE SHOP FROM MASTER BURN POSSIBLE APPROVAL TO ACCEPT QUOTE FOR THE PURCHASE OF WASTE OIL FURNACE, OIL TANK, STAND AND CHIMNEY WITH THE INSTALLATION FOR THE RIDE LINE SHOP FROM MASTER BURN IN THE AMOUNT OF $12,359.42 AND AUTHORIZE THE PAYMENT TO MASTER BURN IN THE SAME AMOUNT E. BID RECOMMENDATION ON 2020 EQUALIZATION BASIN ASPHALT LINER REPAIR PROJECT FOR THE WATER RECLAMATION PLANT POSSIBLE APPROVAL TO AWARD BID TO LIEN TRANSPORTATION CO. IN THE AMOUNT OF $143,871.50 AND AUTHORIZE THE CITY MANAGER AND FINANCE OFFICER TO SIGN ALL THE NECESSARY DOCUMENTS AFTER APPROVAL BY THE CITY ATTORNEY F. PAYMENT #1 – WATER TREATMENT FACILITY OLD BUILDING TUCK POINTING AND BRICK REPAIR – MID-CONTINENTAL RESTORATION CO. $45,299.00 POSSIBLE APPROVAL OF PAYMENT #1 IN THE AMOUNT OF $45,299.00 TO MID-CONTINENTAL RESTORATION CO. FOR WORK ON THE PROJECT G. BILLS: APPROVAL OF BILL LIST FOR SEPTEMBER 14, 2020 H. PAYROLL – APPROVAL FOR THE PAY PERIOD FROM AUGUST 30, 2020 THROUGH SEPTEMBER 12, 2020 AND FOR CITY’S SHARE OF SOCIAL SECURITY, OLD AGE AND SURVIVOR’S INSURANCE, RETIREMENT, HEALTH AND LIFE INSURANCE I. CITY MANAGER’S REPORT 8. ADJOURN 1. OPEN FORUM PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL WITH QUESTIONS, CONCERNS OR COMMENTS ON ITEMS, WHICH ARE NOT ON THE AGENDA. CITIZENS ARE ASKED TO SIGN UP TO SPEAK PRIOR TO THE OPEN FORUM PORTION OF THE MEETING. OPEN FORUM WILL BE LIMITED TO 10 MINUTES (IF NO ONE IS IN ATTENDANCE FOR THE OPEN FORUM, THE REGULAR MEETING MAY BEGIN) UNLESS A MAJORITY OF THE CITY COUNCIL AGREES TO EXTEND THE TIME PERIOD. THE OPEN FORUM MAY NOT BE USED TO MAKE PERSONAL ATTACKS, TO AIR PERSONALITY GRIEVANCES, TO MAKE POLITICAL ENDORSEMENTS, OR FOR POLITICAL CAMPAIGN PURPOSES. OPEN FORUM WILL NOT BE USED AS A TIME FOR PROBLEM SOLVING OR REACTING TO THE COMMENTS MADE, BUT, RATHER FOR HEARING THE CITIZEN FOR INFORMATIONAL PURPOSES. THE CITY COUNCIL MAY RESPOND WITH REQUEST FOR CITY MANAGEMENT TO FOLLOW UP AND REPORT BACK ON ANY ISSUE RAISED DURING THE PUBLIC ADDRESS TIME. A PRESENTATION MAY NOT EXCEED TWO MINUTES IN DURATION. 09/11/2020 Page 2 of 70 2. ADA COMPLIANCE: THE CITY OF ABERDEEN FULLY SUBSCRIBES TO THE PROVISIONS OF THE AMERICAN’S WITH DISABILITIES ACT. IF YOU DESIRE TO ATTEND THIS PUBLIC MEETING AND ARE IN NEED OF SPECIAL ACCOMMODATIONS, PLEASE NOTIFY THE CITY FINANCE OFFICE AT LEAST 8 HOURS PRIOR TO THE MEETING SO APPROPRIATE AUXILIARY AIDS AND SERVICES CAN BE MADE AVAILABLE. THE CITY COUNCIL MEETS WEEKLY ON MONDAYS AT 5:30 P.M. EXCEPT WHEN A HOLIDAY FALLS ON MONDAY, IN WHICH CASE THE MEETING IS HELD AT 5:30 P.M. ON THE NEXT BUSINESS DAY. 3. A COPY OF THE SUBJECT MATTER ON THE CITY COUNCIL MEETING AGENDA IS AVAILABLE FOR PUBLIC DISTRIBUTION AT THE CITY FINANCE OFFICE AND AVAILABLE ON THE CITY’S WEBSITE www.aberdeen.sd.us. **OPEN MEETING GUIDELINES DURING COVID-19 PANDEMIC** ALL PERSONS ATTENDING THE MEETING SHOULD MAINTAIN PHYSICAL SEPARATION OF AT LEAST SIX FEET BETWEEN PERSONS WHO ARE NOT IMMEDIATE FAMILY MEMBERS OR MEMBERS OF THE SAME HOUSEHOLD. PUBLIC SEATING IN COUNCIL CHAMBERS WILL BE ARRANGED TO MAINTAIN THE PHYSICAL SEPARATION AND SEATING MAY NOT BE MOVED IN VIOLATION OF THIS REQUIREMENT. ANY PERSON WHO FAILS TO MAINTAIN THE REQUIRED SEPARATION WILL BE ASKED TO COMPLY. SUCH PERSON WILL BE REMOVED FROM COUNCIL CHAMBERS UPON REFUSAL TO COMPLY. 09/11/2020 Page 3 of 70  17754 MINUTES ABERDEEN CITY COUNCIL MEETING City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, September 8, 2020 at 5:30 p.m., regular meeting of the Board of City Council Members, Mayor Travis Schaunaman presiding. Present at roll call were City Council Members Mark Remily by teleconference, Rob Ronayne, Dave Lunzman, Josh Rife, Alan Johnson, Justin Reinbold, Tiffany Langer, and Clint Rux by teleconference. City Staff present were Joe Gaa, Ron Wager, Robin Bobzien, Brett Bill, Karl Alberts, Dave McNeil by teleconference, Joel Weig, and Bob Braun. Mayor Schaunaman led the Pledge of Allegiance. MINUTES Motion by Lunzman, second by Rife to approve the minutes of the City Council Meeting of August 31, 2020, as circulated. Upon roll call vote, all voting aye to approve, motion carried. PROCLAMATION Mayor Schaunaman read and proclaimed September 18, 2020 as "Aberdeen Fire & Rescue Personnel Appreciation Day''. Fire Chief Joel Weig was present to accept the proclamation. OPEN FORUM George Dell was present to discuss the railroad crossing on gth Avenue and North Roosevelt Street, and the asphalt overlay. Also, he discussed the location of the Farmers Market. OLD BUSINESS HEARING AND DISCUSSION OF 2021 CAPITAL IMPROVEMENT PROGRAM Motion by Ronayne, second by Lunzman to take from the table for consideration the hearing for submission of the 2021 Capital Improvement Program. Upon roll call vote, all voting aye to approve, motion carried. City Manager Joe Gaa explained the Capital Improvement Plan and recommended its approval as presented. Motion by Johnson, second by Ronayne to approve Resolution No. 20-08-02R approving the 2021 Capital Improvement Program without amendments. RESOLUTION NO. 20-08-02R Whereas, the Aberdeen Home Rule Charter provides for the submission of a Five- y ear Capital Improvement Program to be proposed no later than the final date for submission of the budget, and Whereas, the City Manager has presented a Capital Improvement Program as required by his duties as City Manager with a public hearing being on August 3, 2020, with the published notice on July 24, 200, stating the meeting time and place, and WHEREAS, the City Council is required to adopt the Capital Improvement Program 09/11/2020 Page 4 of 70  17755 by resolution after the public hearing with or without amendments to the Capital Improvement Program. Now, therefore be it resolved, that the City Council approved the Capital Improvement Program as presented by the City Manager and proposed at the public hearing held on September 8, 2020, without any amendments. Upon roll call vote, all voting aye to approve, number of ayes: 9, number of nays: 0, motion carried. DISCUSSION ON 2021 PROMOTION FUND ALLOCATIONS City Manager Joe Gaa discussed the 2021 Promotion Fund allocations based on a Budget of $1, 100,000. City Finance Officer Karl Alberts gave an update on the calculations by Council for the promotion fund allocations. Motion by Ronayne, second by Langer to approve the updated 2021 Promotion Fund allocations as calculated by median. Upon roll call vote, all voting aye to approve, motion carried. DISCUSSION ON 2020 PROMOTION FUND ALLOCATIONS City Manager Joe Gaa discussed the 2020 Promotion Fund Allocations with shortfalls in revenue and proposed four alternative scenarios to consider for balancing the Promotion Fund Budget in 2020. Motion by Ronayne, second by Johnson to instruct the City Manager to move forward with Option 4, this 2020 Hybrid Model would cut $53,000 from the 2020 allocations, transfer in $75,000 in reserves from the first 1% sales tax, and carry a $40,000 deficit into the 2021 Promotion Fund balance in amending the 2020 Promotion Fund Allocations. Upon roll call vote, all voting aye to approve, motion carried. CONSENT CALENDAR Motion by Rife, second by Lunzman to approve the following items on the consent calendar: REQUEST FOR COMMUNITY EVENT PERMIT - for Northern State University's "Bonfire Bash" at NSU Barnett Center parking lot on September 24, 2020 REQUEST FOR COMMUNITY EVENT PERMIT - Fallout Creative Community's "Fallout Fest" on September 13, 2020 at the 200 block of South Main Street. REQUEST FOR YEARLY PLACEMENT - of four temporary "Welcome Hunter " signs by the Aberdeen Area Convention and Visitor's Bureau on city property from October 10th to October 31st. SET BID DATE - ofSeptember 22, 2020 at 2:00 p.m. forbids on 2020-2021 Snow Removal Services. SET HEARING DATE- of September 14, 2020 at 5:30 p.m. for a Special One-Day On-Off Sale Malt Beverage and SD Farm Wine License on September 17, 2020 for Aberdeen Area Chamber of Commerce dba One-Legged Pheasant Brewery Beer and Wine Event on gth Avenue between South Main Street and South Lincoln Street. Upon roll call vote, all voting aye to approve, motion carried. NEW BUSINESS 09/11/2020 Page 5 of 70  17756 ORDINANCE NO. 20-09-03 City Manager Joe Gaa presented the 2021 City Budget Ordinance No. 20-09-03. Motion by Johnson, second by Rife to approve first reading of Ordinance No. 20-09-03 with changes as provided in Item 5B to the Promotion Fund. Upon roll call vote, all voting aye to approve, motion carried. HEARING ON WINE AND MALT BEVERAGE LICENSES Mayor Schaunaman opened a hearing on a new Retail On-Off Sale Wine and Cider License and new Retail On-Off Sale Malt Beverage and SD Fann Wine License for Dagoberto Rodriguez-Escamilla dba Los Primos Mexican at 719 North Main Street. No one was present in opposition to the wine and malt beverage license requests so Mayor Schaunaman closed the hearing. Motion by Ronayne, second by Reinbold to approve the Wine and Malt Beverage Licenses for Dagoberto Rodriguez-Excamilla at 719 North Main Street. Upon roll call vote, all voting aye to approve, motion carried. AGREEMENT FOR MEDICAL DIRECTOR FOR ABERDEEN FIRE & RESCUE Fire Chief Joel Weig requested approval of a Medical Director Agreement with Avera St. Luke's to designate a licensed emergency medicine physician to direct ambulance protocols and oversee program training and supervision of the paramedics and EMTs of Aberdeen Fire & Rescue. Motion by Ronayne, second by Reinbold to approve of a Medical Director Agreement between the City of Aberdeen and Avera St. Luke's designating Kevin D. Oliver, M.D., a licensed emergency medicine physician, as the Medical Director for Aberdeen Fire & Rescue, according to the terms and conditions therein, and to authorize the City Manager to execute the same as reviewed and approved by the City Attorney. Upon roll call vote, all voting aye to approve, motion carried. SURPLUS OF POLICE DUTY WEAPONS Police Chief Dave McNeil requested approval to retire and declare four police duty weapons as surplus property to be sold to Sodak Sport for $250.00 per pistol. Motion by Ronayne, second by Rife to allow the Police Department to surplus four glock pistols to Sodak Sport for $250.00 per pistol. Upon roll call vote, all voting aye to approve, motion carried. BID RECOMMENDATION ON TAXIWAY GEOMETRY IMPROVEMENTS Transportation Director Rich Krokel explained the bids received for the AIP #3-46- 0001-43-2020 Taxiway Geometry hnprovements Project and recommended to tentatively award the project to Sharpe Enterprises, Inc. of Fort Pierre, SD in the amount of $2,883,732.03. Motion by Johnson, second by Lunzman to tentatively award AIP Project #3- 46-0001-43-2020 Taxiway Geometry hnprovements to lowest bidder, Sharpe Enterprises Inc., Fort Pierre, SD, in the amount of $2,883,732.03 contingent upon the receipt of a good faith DBE effort and receipt of the FAA Grant Offer and to authorize the City Manager to sign the FAA Grant Offer and all the necessary paperwork for the contract documents. Upon 09/11/2020 Page 6 of 70  17757 roll call vote, all voting aye to approve, motion carried. BID RECOMMENDATION ON AIRPORT SNOW REMOVAL EQUIPMENT Transportation Director Rich Krokel requested that all bids received for the AIP #3- 46-0001-44-2021 Snow Removal Equipment - High Speed Rotary Snow Blower be rejected due to issues with AIP grant funding for the equipment. Motion by Johnson, second by Ronayne to reject all bids for the High Speed Rotary Snow Blower as recommended due to issues with the AIP grant funding as set forth in the equipment bid specifications. Upon roll call vote, all voting aye to approve, motion carried. PAYMENTS FOR WORK ON AIRPORT PROJECTS Transportation Director Rich Krokel asked approval and authorization for the City Manager to sign the following payment requests for work on Airport hnprovement Projects: Payment #25 - AIP-#3-46-0001-39-2018 Airport Master Plan/Airport Layout Plan - Helms & Associates, in the amount of $1, 171.65; Payment for Cultural Resource Survey - Metcalf Archeological Consultant, in the amount of $26,306.52; Payment #23 - AIP #3-46-0001-40- 2019 Reconstruction of Taxiway 'C' - Helms & Associates, in the amount of $25,534.50; Payment #5 -AIP #3-46-0001-40-2019 Taxiway 'C' -Reede Construction, in the amount of $377,036.52; Payment #11 - AIP #3-46-0001-43-2020 Taxiway Geometry - Helms & Associates, in the amount of $23,340.52; Payment #2 - AIP #3-46-0001-44-2021 - Snow Removal Equipment- Helms & Associates, in the amount of $2,625.00. Motion by Johnson, second by Ronayne to approve and authorize the City Manager to sign the payment requests for work on the Airport hnprovement Projects. Upon roll call vote, all voting aye to approve, motion carried. PAYMENT FOR CITY HALL ROOF REPLACEMENT City Engineer Robin Bobzien requested approval of Payment #2 in the amount of $37,626.00 to Grote Roofing, Inc. for work on the City Hall Roof Replacement Project. Motion by Lunzman, second by Reinbold to approve Payment #2 in the amount of $37,626.00 to Grote Roofing, Inc. for work on the project. Upon roll call vote, all voting aye to approve, motion carried. CHANGE ORDER/PAYMENT FOR STREET MAINTENANCE CONCRETE REPAIRS II City Engineer Robin Bobzien requested approval of Change Order #1 in the amount of $24,757.55 and Payment #2 in the amount of $125,874.26 to CWF Masonry & Construction for work on the Street Maintenance Concrete Repairs II Project. Motion by Lunzman, second by Ronayne to approve Change Order #1 in the amount of $24,757.55 and Payment #2 in the amount of $125,874.26 to CWF Masonry & Construction for work on the project. Upon roll call vote, all voting aye to approve, motion carried. PAYMENT FOR WATER TREATMENT FACILITY SHEET PILE DAM REPAIRS City Engineer Robin Bobzien requested approval of Payment #1 in the amount of 09/11/2020 Page 7 of 70  17758 $342,340.00 to B & B Contracting for work on the Water Treatment Facility Sheet Pile Dam Repairs. Motion by Johnson, second by Rife to approve Payment # 1 in the amount of $342,340.00 to B & B Contracting for work on the project. Upon roll call vote, all voting aye to approve, motion carried. BILLS Motion by Lunzman, second by Langer to approve payment of the bills listed for September 8, 2020, and any additions thereto, such bills having been audited by the Finance Officer and fully itemized and authorize the Mayor or City Manager to sign, and the Finance Officer to countersign, all warrants for payment of the following approved bills: Northwestern Energy 96,270.81; US Bank 34,347.34; Brown County Treasurer 16.00; J & K Mowing Service 237.50; John's Tree Service 500.00; MARCO, Inc. 87.03; AT & T 1,189.38; UPS 81.70; American News 193.00; Aberdeen Development Corp. 14,166.67; Praxair Distribution Inc. 547.08; Bonnie Bitz 4,070.00; AM Leonard Inc. 369.94; Northern Plains Animal Health 43.96; Leidholt Electric LLC 1,373.95; Dakota Electronics 26.90; Don's Builders Hardware 249.50; Heartland Paper Company 5,659.94; Quality Welding Inc. 145.66; Cole Papers Inc. 2,695.73; Jensen Rock & Sand Inc. 1,174.63; Graham Tire Co. 65.64; Farm & Home Publishers Ltd 114.00; Auto Value Part Stores/Hedahls 1,340.87; CASH-WA Distributing 3,929.06; House of Glass, Inc. 3,692.36; Inman Irrigation 27.06; Nelson Sales & Service, LLC 115.31; HF Jacobs & Son 271.70; Kesslers Inc. 7.28; MAC's Inc 178.18; NB Golf LLC 151.87; Sewer Duck, Inc. 100.00; Famams Genuine Parts 64.60; Dakota Supply Group 11,541.81 Midstates Group 1,514.50; Avera St Luke's Hospital 5,928.75; Spring Hill Press LLC 1,243.75; Fay's Refrigeration Service 132.41; Northwest Pipe Fittings 86.82; Crawford Trucks & Equipment 69.91; Stan Houston Equipment, Inc. 996.80; Town & Country Lumber Inc. 1,175.05; Hannah Lagerquist 62.58; Recorded Books, Inc. 593.17; Aberdeen Lawn Care 340.00; Baker & Taylor Inc. 158.78; DEMCO Inc. 200.39; GALE/Cengage Leaming 660.61; Mission Mgmt Information 1,365.00; Fastenal Company 15.40; Totally Tubular Mfg 71.35; ADAPCO Inc. 2,232.39; Mountain West, LLC 2,420.00; Target Specialty Products 8,500.00; Metering & Technology Solutions 2,964.20; Nancy Ohnstad 32.74; Tim Reed 3,900.00; Dependable Sanitation, Inc. 4,419.32; Center Point Large Print 77.28; Production Monkeys.com 1,699.28; Pressure Washer Central 15.47; Fordham Signs 128.65; WISP Services LLC 60.00; PEPSI-COLA 2,091.36; Cartney Bearing Co. 22.98; COLA-COLA Refreshments 349.00; Niche Academy 2,100.00; SD Department Health Lab 34.00; Pauer Sound & Music Inc. 1,042.00; Titan Access Acct/Productivity Plus Acct 1,002.12; Hub City Radio 200.00; Executive Management 29.25; Pierson Ford-Lincoln- Mercury 158.44; Parkview Nursery Inc. 10,251.40; Barton Heating & AIC Inc. 9,800.00; Rick's Heating/Air Condition 181.31; Mid-Am Research Chemical 175.59; MTI Distributing 23,147.51; Inside Out Architecture, Inc. 1,350.00; Ashton Dennert 169.68; Bismarck Tribune 150.00; ACE Refrigeration 822.63; Quill Corp. 35.46; Federal Express Corp. 37.56; Ken's 09/11/2020 Page 8 of 70  17759 Superfair Foods 5,029.48; Century Business Products 158.56; Karl Alberts 136.08; West River Beverages Inc. 1,522.50; Menards 3,879.56; Fallout Creative Community 400.00; Dakota Fluid Power Inc. 313.55; Midwest Mini Melts 3,154.00; Sperry Stump Removal 3,024.00; Wylie Thunder Road 152.00; Renaissance Artist 844.52; Borns Group 1,038.50; FP Mailing Solutions 135.00; OCLC, Inc. 1,910.50; Midwest Playscapes, Inc. 49,381.00; Ferguson Waterworks 40,352.39; Matheson Tri-Gas Inc. 18.29; POMP's Tire Service, Inc. 137.33; Van Diest Supply Co. 649.90; Marilyn Kohles 78.96; Camby's Pass Inc 1,590.17; American Solutions for Business 432.68; Dakota Oil 504. 78; KQLX Radio 270.00; DSS Image Apparel 252.00; Advance Auto Parts 388.72; Ingram Library Services 3,683.97; Rivards Turf & Forage 2,559.01; Plunkett's Pest Control 221.79; Aberdeen Plumbing & Heating Inc. 397.31; Pro Ag Supply Inc 40.15; Midwest Tape 479.50; Red Rooster Coffee House 475.80; JOE Rental Equipment 31.96; GRAINGER 782.76; Ameripride Services Inc 1,525.49; Arctic Glacier USA, Inc 1,671.34; Innovative Interfaces, Inc 24,240.45; Barb Imberi 300.00; Builders Firstsource, Inc 953.10; Izzy Weisenburger 140.00; Good Sam Media LLC 8,013.60; K & A Log Furniture LLC 1,912.50; Absolute Science 200.00; Tri- State Water, Inc 7.19; Domino's Pizza 112.99; Convergint Technologies LLC 360.00; JANCO Specialized Surfaces 24,700.00; Jordan Rohrbach 309.68; Hillyard Sioux Falls 80.07; Jackie Witlock 54.10; Cushman Motor Co., Inc. 179.92; Kandi K Smith 287.50; Autozone 630.10; Jonathon Murdy 2,500.00; Specialty Mfg Co 22.65; AGTEGRA Cooperative 9,.677.23; Runnings Supply Inc 1,625.35; SD Make A Wish 500.00; Shirley Jahraus 127.80; Tara Telkamp 538.15. Upon roll call vote, Remily, Lunzman, Rife, Johnson, Reinbold, Langer, Rux, and Mayor Schaunaman voting aye to approve, Ronayne abstaining, motion carried. CITY MANAGER'S REPORT Joe Gaa gave the City Manager's Report including the retirement reception for Police Capt. Eric Duven and the Police Department training for the incoming college students to address diversity among the students. OTHER City Engineer Robin Bobzien addressed the issues due to soil and pavement movement on 8th Avenue and at the railroad crossing on North Roosevelt Street. Council Member Langer mentioned that there is a need for someone to organize the Farmers Market in the City. ADJOURN There being no further business, motion by Ronayne, second by Reinbold to adjourn the meeting. Upon roll call vote, all voting aye to adjourn, motion carried. Meeting adjourned at 6:23 p.m. Prepared by Mary Campton for the Finance Office. .~ ~ FinanceOfficer 09/11/2020 Page 9 of 70 09/11/2020 Page 10 of 70  5A 09/11/2020 Page 11 of 70 09/11/2020 Page 12 of 70  6 09/11/2020 Page 13 of 70 09/11/2020 Page 14 of 70 09/11/2020 Page 15 of 70 09/11/2020 Page 16 of 70  7A 09/11/2020 Page 17 of 70 09/11/2020 Page 18 of 70 09/11/2020 Page 19 of 70 09/11/2020 Page 20 of 70 09/11/2020 Page 21 of 70 09/11/2020 Page 22 of 70  7B 09/11/2020 Page 23 of 70 09/11/2020 Page 24 of 70 09/11/2020 Page 25 of 70 09/11/2020 Page 26 of 70 09/11/2020 Page 27 of 70 09/11/2020 Page 28 of 70 09/11/2020 Page 29 of 70 09/11/2020 Page 30 of 70 09/11/2020 Page 31 of 70 09/11/2020 Page 32 of 70  City of Aberdeen Request for Council Action 7C Agenda Item Meeting Date: September 14, 2020 No. Agenda Section New Business Originating Board of Ethics Dept: Ord. / Res. Prepared by: City Attorney No. of 3 Presented by: City Attorney Attachments Item: Request to review and approve Rules Of Procedure as amended by the Board of Ethics on September 1, 2020. City Manager’s Proposed Action: 1. Motion by ___________ second by _________ to approve the Rules Of Procedure as amended, approved, and adopted by the Board of Ethics at its regular meeting on September 1, 2020, and to authorize the Mayor to sign the same. Overview: Section 2-386(9) requires the Board of Ethics to adopt procedural rules consistent with the requirements of due process of law, the rules of evidence, the intent of the Aberdeen City Code, Chapter 2 – ADMINISTRATION, and the City Charter. Such procedural rules are then subject to review by the City Council. The Board of Ethics requests the Council to review and approve the Rules Of Procedure as amended, adopted, and approved by the Board at its annual meeting held on September 1, 2020. The amendments to the Rules streamline the procedures and clarify the Board’s decision- making process. Attached hereto are redlined and clean copies of the amended Rules Of Procedure and the unapproved minutes of the 2020 annual meeting. Board Chairman Kuck designated the City Attorney to present the amended Rules to the Council for its review and approval. Primary Issues/Alternatives to Consider: None. Budgetary/Fiscal Issues: None. Attachments: 1. Rules Of Procedure as amended September 1, 2020 (all changes incorporated); 2. Rules Of Procedure as amended September 1, 2020 (redlined changes shown); and 3. Minutes of September 1, 2020, annual meeting (unapproved). 09/11/2020 Page 33 of 70 09/11/2020 Page 34 of 70  Preamble The Board of Ethics of the City of Aberdeen, in order to achieve the order and decorum that will expedite the transaction of official business, to maintain free and open discussion, and to ensure the honorable and just administration of the City of Aberdeen Conflicts Of Interest Policy, does hereby submit to be governed by the following rules and procedures: Section I Board Procedures 1. Meetings. (a) The Board shall meet at least annually in September of each year and at the call of the chair. (b) A meeting shall be scheduled at the written request of any three members. (c) Notice to the public and Board members shall conform to rules prescribed by law. (d) A quorum of the Board shall be as provided by ordinance. 2. Officers. (a) The chair and vice-chair shall be elected at the annual meeting by a majority vote. Nominees must be current Board members. Officers may be reelected. (b) The chair may vote on all matters. All committees and subcommittees shall be created and appointed by the chair. 3. Procedures. (a) Any member who does not answer roll call shall be recorded as absent, unless excused by the chair. No alternate or proxy votes shall be allowed. (b) After two consecutive unexcused absences, the chair shall notify the mayor. (c) Minutes shall be kept of all Board meetings. Minutes of closed meetings shall be confidential. Complaints, confidential advisory opinions, and all files relating thereto are confidential and may only be released by the chair after conferring with legal counsel. The person accused of a violation (hereafter the “respondent”), however, may choose to waive confidentiality, at which time all complaints, advisory opinions, and all files relating thereto are public records which may be released to the public upon request as provided by law. 09/11/2020 Page 35 of 70  (d) A roll call shall be ordered on any question at the request of any member. No discussion may take place during a roll call and all members shall vote on every matter put to vote unless excused by the chair. (e) Unless otherwise specified, use of the word “days” throughout these rules shall mean calendar days, with intervening weekends and holidays included. Any period of time ending on a weekend or legal holiday shall be extended to the next business day. (f) Appendix A to these rules provides a summary of relevant action dates and periods set forth in these rules, the Conflicts Policy, or the City Code. 4. Board Business. (a) An agenda shall be in writing and available to the Board at least 24 hours in advance of each meeting. Any meetings of the Board shall be duly noticed as required by law. (b) All minutes, findings, and rulings of the Board shall be prepared in written form and filed with the Board. Records shall be available for public scrutiny only as provided in these rules. (c) Any member may file a minority report dissenting in whole or in part from a Board report. (d) No Board rules shall be rescinded or amended without the concurrence of four members. The City Attorney promptly thereafter shall apprise the City Council of any rescinded or amended Board rule. Board rules shall be subject to review by the City Council from time to time. (e) Rules of order adopted by the Board shall govern the proceedings of the Board in all cases to which they are applicable and in which they are not inconsistent with these rules, City Code, City Charter, or laws of the State of South Dakota. (f) The City Attorney shall serve as legal counsel to the Board unless a council member or the City Attorney is the subject of a complaint, may be a witness in the matter, or if circumstances otherwise dictate. The Board may employ other legal counsel to assist the Board. A request for funds for legal services shall be directed to the City Manager or to the City Council, as appropriate. (g) The City Attorney office shall act as Board Clerk for the Board, unless a council member or the City Attorney is the subject of a complaint, may be a witness in the matter, or if circumstances otherwise dictate, in which case the City Manager shall designate his office or another person to act as Board Clerk for purposes of such complaint. 09/11/2020 Page 36 of 70  Section II Advisory Opinions 1. Request for Advisory Opinions. (a) To the extent authorized by law and by policy, the Board shall accept a request for an advisory opinion from any individual, specifically including former officials, either personally or on behalf of an organization or governmental body regarding the propriety of any matter or matters to which the person is or may become a party. Any appointing officer, with the consent of a prospective appointee, may request of the Board an advisory opinion regarding the propriety of any matter to which the prospective appointee is or may become a party. (b) The requestor shall be guided by the opinion rendered. (c) The request shall be in writing and state specifically the facts at issue. The requestor’s supplemental interpretation of the facts may be made in writing or given orally under oath to the Board at a meeting. No hypothetical questions will be considered by the Board. (d) The Board shall consider the request at a regular or special closed meeting pursuant to statute and within forty-five (45) days of receipt of the request. It may confer with legal counsel or other staff with respect to any question. (e) Within ten (10) days of reaching its opinion, the Board shall submit a written opinion to the requestor in letter or memorandum form. Unless confidentiality is requested, requests for advisory opinions, records obtained or filed in connection therewith, and advisory opinions rendered shall be open to public inspection. A summary of a non-confidential opinion shall be distributed immediately to such persons as the Board may determine. 2. Confidential Advisory Opinions. (a) A request for an advisory opinion on any matter which would tend to defame or prejudice the character or reputation of any person, or as otherwise permitted by law, may be kept confidential. In such case, the Board’s consideration of the request may be at closed meetings and opinions may be confidential unless made public by the requestor. This does not preclude the Board from compiling or publishing summaries of confidential advisory opinions if no identification of the requestor or any organization identified in the opinion is made. (b) No member of the Board may make public the identity of the individual requesting a confidential advisory opinion or of individuals or organizations mentioned in the opinion. 09/11/2020 Page 37 of 70  Section III Complaint Procedures 1. Filing Complaint. (a) A complaint may be submitted to the Board by any person who is a resident of the City or is doing or attempting to do business with the City. The Board may also issue a complaint on its own motion or amend any complaint before it on its own motion. (b) The complaint shall be in writing on the standard form prescribed by the Board and shall bear a notarized signature. (c) The complaint shall be filed with the City Attorney or, if against the City Attorney, with the City Manager. (d) The complainant may attach any supporting documentation to the complaint. 2. Processing Complaint. (a) Acceptance of complaint: (1) Proper form: Prior to acceptance of the complaint, the City Attorney, or the City Manager if filed therewith, shall confirm the complaint is in proper form and bears a notarized signature, and promptly remit it to the Board Clerk for acceptance. If the complaint is not notarized or is not in proper form, it will be returned to the complainant for further action. (2) Advise Chair: If the complaint is in proper form, the Board Clerk shall advise the Board Chair of the acceptance of the complaint. (3) Copies to respondent: Copies of the complaint, any supporting documents therewith, and these rules shall be provided to the respondent within five (5) days of acceptance of the complaint. (b) Initial meeting; advise of rights of respondent: (1) Initial meeting call: Within five (5) days of acceptance of the complaint, the Board Chair shall call a meeting for initial action on the complaint at a closed meeting, or open meeting if the respondent has waived confidentiality. The initial meeting of the Board shall be held within thirty (30) days of the date of the acceptance of the complaint, except for good cause. 09/11/2020 Page 38 of 70  (2) Copies to Board: The Board Clerk shall provide copies of the complaint, and any answer or objections thereto, to the members of the Board prior to the initial meeting. (3) Advise of rights: The City Attorney or Board Clerk shall advise the respondent of his or her rights prior to the initial meeting. The advise of rights shall include a copy of the Board’s procedures and an election to waive confidentiality. (c) Notice of initial meeting: A notice of the initial meeting shall be provided as follows: (1) Within five (5) days of acceptance of a complaint, the Board Clerk shall notify the respondent and the complainant of the initial meeting time of the Board to consider the complaint. (2) The notice shall inform the respondent that any answer or objections to the sufficiency of the complaint must be filed with the Board Clerk in writing at least five (5) days prior to the initial meeting on the complaint. (3) The notice shall state that the respondent may elect to waive confidentiality at any time during the proceeding. (4) The notice shall state that the Board is not a court of law but the respondent and complainant may be represented by legal counsel or a lay representative of their own choosing and expense during all stages of the proceeding. (5) The notice shall state that the Board will determine if the facts alleged in the complaint establish probable cause that there has been a violation of the Policy. “Probable cause” means a determination by the Board, upon the evidence and information disclosed during the proceedings, that the respondent more likely than not violated the Policy. The complainant bears the burden of proving by a preponderance of the evidence the allegations in the complaint. 3. Filing of papers. (a) The respondent and complainant shall file with the Board Clerk all documents, letters, pleadings, and other materials (hereafter collectively referred to as “papers”) for consideration by the Board. The Board Clerk shall provide copies of the filed papers to the Board and the non-filing person. (b) At the beginning of the proceedings, the respondent and complainant shall 09/11/2020 Page 39 of 70 provide the Board Clerk with their contact information, including email address, for purposes of receiving all filed papers and notices. Such persons thereafter may file with, and receive, all papers and notices regarding the matter from the Board Clerk via email. (c) Unless a longer time is permitted or required by these Rules, all papers must be filed with the Board Clerk at least two (2) business days before a meeting of the Board so such papers may be promptly provided by the Board Clerk to the Board and to the non-filing person before the meeting. Any paper or other item not timely filed with the Board Clerk will not be considered by the Board except for good cause. 4. Consideration of Complaint. (a) At the initial meeting to consider the complaint, the Board shall determine if it has jurisdiction to hear the complaint and if the complaint is sufficient to allege a violation of the Policy. If the Board determines it lacks jurisdiction or that the complaint is not sufficient to allege a violation of the Policy, the Board shall dismiss the complaint. (b) If the Board determines the complaint is sufficient on its face and that it has jurisdiction, the Board shall receive information from the complainant and the respondent regarding the matter, and it may conduct an investigation of the allegations contained in the complaint. (c) If the Board determines that a violation has not occurred, the complaint shall be dismissed and notice of dismissal with the reasons for the dismissal provided to the complainant and respondent. If the Board determines that a complaint was frivolous, the Board shall so state. (d) Prior to rendering its probable cause determination, the Board may consider all statements and written evidence from the complainant and the respondent. 5. Investigations. (a) The Board, in its discretion, may conduct investigations at any stage of the proceeding. (b) Before an investigation is initiated, notice shall be given to the respondent and the complainant either verbally at the meeting or in writing. The notice of investigation shall include the purpose of the investigation and the acts to be investigated. (c) The Board may avail itself of any of the powers or procedures enumerated in the Policy or in the City Code for purposes of any investigation. (d) A written report of the results of any investigation shall be prepared. The report will contain copies of any documents or other tangible evidence reviewed during the investigation. A copy of the investigation report along with any supporting 09/11/2020 Page 40 of 70 documentation will be provided to the complainant and the respondent at least five (5) days prior to the meeting where the report is to be presented and considered by the Board. 6. Hearing on Complaint Against Non-Council Member. (a) For a complaint against a person other than a City Council member, if the Board determines that there is probable cause that a violation of the Conflicts Of Interest Policy has been committed, its preliminary findings of fact and conclusions may include an order setting a date for a hearing to determine whether a violation of the Conflicts Of Interest Policy has occurred. The Board shall serve the order upon the respondent. (b) A hearing shall be commenced within thirty (30) days after the date it is ordered unless the respondent petitions for and the Board consents to a later date. The respondent shall have the right to present additional information and witnesses and to examine any information and witness offered against the respondent. (c) The Board shall inform the respondent or his/her counsel of exculpatory evidence in its possession. 7. Action on Complaints. (a) The Board shall complete its review of the complaint and report its decision to the City Council in writing not more than sixty (60) days after the complaint is presented to it, except for good cause. (b) At the conclusion of the Board’s review of all information received upon a complaint against a City Council member: (1) The Board shall determine whether probable cause exists to believe that an ethics violation has occurred and prepare a written report with findings of fact and conclusion for each violation, and recommended sanctions, if any. (2) The Board shall promptly send written notice of such determination to the respondent and to the complainant. (3) The Board shall present its report in writing to the City Council. (4) If the Board determines that no probable cause exists, then the matter is deemed concluded. If the Board determines that probable cause exists, then the City Council shall assume jurisdiction over the complaint. (c) At the conclusion of the Board’s review of all information received on a complaint not involving a City Council member, the Board shall prepare a written report 09/11/2020 Page 41 of 70 including: (1) A summary of the investigation. (2) A summary of any proceedings including but not limited to any testimony heard by the Board. (3) A decision and recommendations, if any. (4) The Board shall provide its report to the respondent and, as appropriate, to the City Manager or City Council. Section IV Other Board Business 1. Additional Functions. The Board, as it deems appropriate, and in a manner to be determined, may exercise the functions assigned to it by ordinance, including, but not limited to, recommending policy and ordinance revisions. 2. Executive Sessions. The Board may meet in executive session to consult with its legal counsel and to discuss the qualifications, competence, performance, character, or fitness of any public officer or employee, or prospective public officer or employee, to the extent authorized by law. [End of rules. Appendix A to follow.] 09/11/2020 Page 42 of 70  APPENDIX A TIMELINE SUMMARY OF ACTION DATES As used herein, “days” shall mean calendar days, with intervening weekends and holidays included. Any period of time ending on a weekend or legal holiday shall be extended to the next business day. In calculating the number of days for action on an item, the day of acceptance of a complaint or of the filing of a request is not counted. Ethics Complaint: PERIOD FROM RULES ACTION ITEM DATE OF FILING REFERENCE Acceptance of complaint None Sec. III.2(a)(1) Board Clerk to advise Chair complaint in Within 5 days of acceptance Sec. III.2(a)(2) proper form Complaint & Rules provided to Within 5 days of acceptance Sec. III.2(a)(3) respondent Chair call for Initial Meeting Within 5 days of acceptance Sec. III.2(b)(1) Notice of Initial Meeting provided to Within 5 days of acceptance Sec. III.2(c)(1) parties Initial Meeting of Board to consider Within 30 days of acceptance, Sec. III.2(b)(1) complaint except for good cause Additional meeting(s) of Board To be determined by Board Sec. III Answer or objections filed by Within 5 days of Initial Meeting Sec. III.2(c)(2) respondent Advise of Rights to respondent Before Initial Meeting Sec. III.2(b)(3) At least 2 business days Filing of “papers” with Board Clerk Sec. III.3(a)&(c) before meeting Notice of investigation by Board Before investigation initiated Sec. III.5(b) provided to parties Investigation report provided to parties At least 5 days before meeting Sec. III.5(d) Written report to City Council and notice Within 60 days after Initial Sec. III. of determination to parties Meeting, except for good cause 7(a),(b)&(c) Advisory Opinion Request: PERIOD FROM RULES ACTION ITEM DATE OF FILING REFERENCE First meeting of Board to consider request Within 45 days Sec. II.1(d) Additional meeting(s) of Board To be determined by Board Sec. II.1(d) Within 10 days of Board Issuance of written opinion to requestor Sec. II.1(e) reaching its opinion 09/11/2020 Page 43 of 70  City Council Chambers 1st Floor ~ Municipal Building 123 South Lincoln Street Aberdeen, SD 57401 Administrative Staff City Attorney Office BOARD OF ETHICS Tel. (605) 626-7025 RULES OF PROCEDURE The Board of Ethics for the City of Aberdeen, South Dakota, hereby adopts the foregoing amended Rules Of Procedure to comply with Aberdeen City Code, Sec. 2-386, which requires the Board of Ethics to adopt procedural rules consistent with the requirements of due process of law, the rules of evidence, the intent of the Aberdeen City Code, Chapter 2 – ADMINISTRATION, and the City Charter, and subject to review by the City Council. RULES OF PROCEDURE, as amended, adopted, and approved by the Board of Ethics at its annual meeting on September 1, 2020. Dated this ___ day of September, 2020. BOARD OF ETHICS By: Scott Kuck, Chairperson ATTEST: By: Heidi Fiedler, Secretary RULES OF PROCEDURE, as amended, of the Board of Ethics reviewed and approved by the City Council at its regular meeting on September __, 2020. CITY OF ABERDEEN Travis Schaunaman, Mayor ATTEST: Karl Alberts, Finance Officer 09/11/2020 Page 44 of 70  Preamble The Board of Ethics of the City of Aberdeen, in order to achieve the order and decorum that will expedite the transaction of official business, to maintain free and open discussion, and to ensure the honorable and just administration of the City of Aberdeen Conflicts Of Interest Policy, does hereby submit to be governed by the following rules and procedures: Section I Board Procedures 1. Meetings. (a) The Board shall meet at least annually on the second Tuesday of in September of each year and at the call of the chair. (b) A meeting shall be scheduled at the written request of any three members. (c) Notice to the public and Board members shall conform to rules prescribed by law. (d) A quorum of the Board shall be as provided by ordinance. 2. Officers. (a) The chair and vice-chair shall be elected at the annualfirst meeting of each calendar year by a majority vote. Nominees must be current Board members. Officers may be reelected. (b) The chair may vote on all matters. All committees and subcommittees shall be created and appointed by the chair. 3. Procedures. (a) Any member who does not answer roll call shall be recorded as absent, unless excused by the chair. No alternate or proxy votes shall be allowed. (b) After two consecutive unexcused absences, the chair shall notify the mayor. (c) Minutes shall be kept of all committee and Board meetings. Minutes of closed meetings shall be confidential. Complaints, confidential advisory opinions, and all files relating thereto are confidential and may only be released by the chair after conferring with legal counsel. The person accused of a violation (hereafter the “respondent”), however, may choose to waive confidentiality, at which time all complaints, advisory opinions, and all files relating thereto are public records which may 09/11/2020 Page 45 of 70 be released to the public upon request, as provided by law. (d) A roll call shall be ordered on any question at the request of any member. No discussion may take place during a roll call and all members shall vote on every matter put to vote unless excused by the chair. (e) Unless otherwise specified, use of the word “days” throughout these rules shall mean calendar days, with intervening weekends and holidays included. Any period of time ending on a weekend or legal holiday shall be extended to the next business day. (f) Appendix A to these rules provides a summary of relevant action dates and periods set forth in these rules, the Conflicts Policy, or the City Code. 4. Board Business. (a) An agenda shall be in writing and available to the Board at least 2448 hours in advance of each meeting. Any meetings of the Board shall be duly noticed as required by law. (b) All minutes, findings, and rulings of the Board shall be prepared in written form and filed with the Board. Records shall be available for public scrutiny only as provided in these rules. (c) Any member may file a minority report dissenting in whole or in part from a Board report. (d) No Board rules shall be rescinded or amended without the concurrence of four members. The chairCity Attorney promptly thereafter shall apprise the City Council of any rescinded or amended Board rule. Board rules shall be subject to review by the City Council from time to time. (e) The current edition of Robert’s Rules of Oorder adopted by the Board shall govern the proceedings of the Board in all cases to which they are applicable and in which they are not inconsistent with these rules, City Code, City Charter, or laws of the State of South Dakota. (f) The City Attorney shall serve as legal counsel to the Board unless a council member or the City Attorney is the subject of a complaint, may be a witness in the matter, or if circumstances otherwise dictate. The Board may employ other legal counsel to assist the Board. A request for funds for legal services shall be directed to the City Manager or to the City Council, as appropriate. (g) The City Attorney office shall act as Board Clerk for the Board, unless a council member or the City Attorney is the subject of a complaint, may be a witness in the matter, or if circumstances otherwise dictate, in which case the City Manager shall designate his office or another person to act as Board Clerk for purposes of such 09/11/2020 Page 46 of 70 complaint. Section II Advisory Opinions 1. Request for Advisory Opinions. (a) To the extent authorized by law and by policy, the Board shall accept a request for an advisory opinion from any individual, specifically including former officials, either personally or on behalf of an organization or governmental body regarding the propriety of any matter or matters to which the person is or may become a party. Any appointing officer, with the consent of a prospective appointee, may request of the Board an advisory opinion regarding the propriety of any matter to which the prospective appointee is or may become a party. (b) The requestor shall be guided by the opinion rendered. (c) The request shall be in writing and state specifically the facts at issue. The requestor’s supplemental interpretation of the facts may be made in writing or given orally under oath to the Board at a meeting. No hypothetical questions will be considered by the Board. (d) The Board shall consider the request at a regular or special closed meeting pursuant to statute and within forty-five (45) days of receipt of the request. It may confer with legal counsel or other staff with respect to any question. (e) The Board shall render its opinion wWithin ten (10) days of reaching itsthe opinion, the Board and shall submit a written opinion to the requestor in letter or memorandum form. Unless confidentiality is requested, requests for advisory opinions, records obtained or filed in connection therewith, and advisory opinions rendered shall be open to public inspection. A summary of a non-confidential opinion shall be distributed immediately to such persons as the Board may determine. 2. Confidential Advisory Opinions. (a) A request for an advisory opinion on any matter which would tend to defame or prejudice the character or reputation of any person, or as otherwise permitted by law, may ask that it be kept confidential. In such case, the Board’s consideration of the request mayshall be at closed meetings and opinions mayshall be confidential unless made public by the requestor. This does not preclude the Board from compiling or publishing summaries of confidential advisory opinions if no identification of the requestor or any organization identified in the opinion is made. (b) No member of the Board may make public the identity of the individual requesting a confidential advisory opinion or of individuals or organizations mentioned in 09/11/2020 Page 47 of 70 the opinion. Section III Complaint Procedures 1. Filing Complaint. (a) A complaint may be submitted to the Board by any person who is a resident of the City or is doing or attempting to do business with the City. The Board may also issue a complaint on its own motion or amend any complaint before it on its own motion. (b) The complaint shall be in writing and on the standard form prescribed by the Board and shall bear a notarized signature. (c) The complaint shall be filed with the City Attorney or, if against the City Attorney, with the City Manager. The complaint shall be in a sealed envelope, addressed to the Board of Ethics, and marked “COMPLAINT.” (d) The complainant may attach any supporting documentation to the complaint. 2. Processing Complaint. (a) Acceptance of complaint: (1) Proper form: Prior to acceptance of the complaint, the City Attorney, or the City Manager if filed therewith, under the direction of the Board, shall confirmdetermine whether or not the complaint is in proper form and bears a notarized signature, and promptly remit it to the Board Clerk for acceptance. If the complaint is not notarized or is not in proper form, it will be returned to the complainant for further action. (2) Advise Chair: If the complaintit is in proper form, the Board Clerk shall advise the Board Chair of the acceptance of the complaint. (3) Copies to respondent: Copies of the complaint, any supporting documents therewith, and these rules shall be provided to the respondent within five (5) days of acceptance of the complaint. (b) Initial meeting; advise of rights of respondent: (1) Initial meeting call: Within five (5) days of acceptance of the complaint, the Board Chair shall call a meetingcomplaint shall be 09/11/2020 Page 48 of 70  referred to the Board for initial action on the complaint at a closed meeting, or open meeting if the accusedrespondent has waived confidentiality. The initial meeting of the Board shall be held within thirty (30) days of the date of the acceptance of the complaint, except for good cause. (2) Copies to Board: The Board Clerk shall provide copies of the complaint, and any answer or objections thereto, to the members of the Board prior to the initial meeting. (3) Advise of rights: The City Attorney or Board Clerk shall advise the respondent of his or her rights prior to the initial meeting. The advise of rights shall include a copy of the Board’s procedures and an election to waive confidentiality. (cb) Notice of initial meeting: A notice of the initial meeting shall be provided as follows: (1) Within five (5)two (2) business days of acceptance ofreceiving a complaint, the Board Clerk shall notify the respondent and the complainant of the initial meeting time of the Board to consider that the complaint will be presented to the Board at a meeting of the Board. The Board shall also provide a copy of the complaint and any other supporting documents to the accused, together with notice of the meeting. (2) The notice shall informThe Board shall also notify the accusedrespondent that any answer or objections to the sufficiency of the complaint must be filed with the Board Clerk in writing at least five (5) days prior to the initial meeting on the complaint. (3) The notice shall state and that the accusedrespondent maymust elect whether to waive confidentiality at any time during the proceeding. least 48 hours prior to the first meeting. (4) The notice shall state that the Board is not a court of law but the respondent and complainant may be represented by legal counsel or a lay representative of their own choosing and expense during all stages of the proceeding. (5) The notice shall state that the Board will determine if the facts alleged in the complaint establish probable cause that there has been a violation of the Policy. “Probable cause” means a determination by the Board, upon the evidence and information disclosed during the proceedings, that the respondent more likely than not violated the Policy. The complainant bears the burden of 09/11/2020 Page 49 of 70  proving by a preponderance of the evidence the allegations in the complaint. 3. (c) Filing of papers. (a) The respondent and complainant shall file with the Board Clerk Aall documents, letters, pleadings, and other materials (hereafter collectively referred to as “papers”) for consideration by the Board. submitted to the Board by either the complainant or the accused shall be concurrently provided to the opposing party or legal counsel for the opposing party and a certificate of service shall be provided to the Board.The Board Clerk shall provide copies of the filed papers to the Board and the non- filing person. (b) At the beginning of the proceedings, the respondent and complainant shall provide the Board Clerk with their contact information, including email address, for purposes of receiving all filed papers and notices. Such persons thereafter may file with, and receive, all papers and notices regarding the matter from the Board Clerk via email. (c) Unless a longer time is permitted or required by these Rules, all papers must be filed with the Board Clerk at least two (2) business days before a meeting of the Board so such papers may be promptly provided by the Board Clerk to the Board and to the non-filing person before the meeting. Any paper or other item not timely filed with the Board Clerk will not be considered by the Board except for good cause. 43. Consideration of Complaint. (a) At the initial meeting to consider the complaint, the Board shall determine whether or not it has jurisdiction to hear the complaint and whether the complaint is sufficient on its face. (b) If the Board determines it does not have jurisdiction, the complaint shall be dismissed and notice of dismissal, stating reasons for dismissal, shall be provided to the complainant and the accused. If the Board determines thatthe Board shall determine if it has jurisdiction to hear the complaint and if the complaint is sufficient to allege a violation of the Policyinsufficient on its face. If the Board determines it lacks jurisdiction or that the complaint is not sufficient to allege a violation of the Policy, the Board shall dismiss the complaint with leave to refile. (c) If the Board determines that it has jurisdiction and that the complaint initially meets the sufficiency test, it shall accept the complaint. (d) At the initial meeting to consider the sufficiency of the complaint on its face, the Board may confer with the City Attorney or other legal counsel of the Board’s own choosing. 09/11/2020 Page 50 of 70  (be) If the Board determines the complaint is sufficient on its face and that it has jurisdiction over the complaint, the Board shallwill then determine if it wishes to receive information from the complainant and the respondent regarding the matter, and it may conduct an investigation of the allegations contained in the complaint. If the Board elects to conduct an investigation and proceed on the complaint, it shall promptly advise the accused of his/her rights on a form approved by the Board. The advise of rights will include a copy of the Board’s procedures, a description of the nature of the charges against the accused, and a description of those matters to be investigated by the Board, if any. The Board, in its discretion, may conduct a preliminary investigation into the allegations contained in the complaint to assist it in determining whether the complaint is sufficient and whether the Board has jurisdiction to render a decision on the complaint. All the rules pertaining to any investigations shall apply to any preliminary investigation conducted by the Board. (cf) If the Board determines that the complaint is insufficient, or a violation has not occurred, the complaint shall be dismissed and notice of dismissal with the reasons for the dismissal provided to the complainant and accusedrespondent. If the Board determines that a complaint was frivolous, the Board shall so state. (dg) Prior to rendering its probable cause determination, the Board may consider all statements and other written evidence from the complainanting party and the accusedrespondent. 54. Investigations of Complaints. (a) The Board, in its discretion, may conduct investigations at any stage of the proceeding. (ba) Before an investigation is initiated, written notice shall be given to the accusedrespondent and the complainant either verbally at the meeting or in writing. The notice of investigation or advise of rights shall include the purpose of the investigation and the acts to be iinvestigated. (b) During all stages of investigation, the accused may be represented by counsel and/or a representative of his/her own choosing at his/her own expense. The City Attorney shall serve as legal counsel to the Board, unless the subject of a complaint. The Board may employ other legal counsel to assist the Board if circumstances dictate. A request for funds for legal services shall be directed to the City Manager or to the City Council, as appropriate. (c) The Board may avail itself of any of the powers or procedures enumerated in the Conflicts Of Interest Policy or in the City Code for purposes of any investigation. (d) If a complaint has been investigated, aA written report of the results of 09/11/2020 Page 51 of 70 anythe investigation shall be prepared. The report will contain copies of any documents or other tangible evidence reviewed during the investigation. A copy of the investigation report along with any supporting documentation will be provided to the complainanting party and the accusedrespondent at least five (5) days prior to the meeting where the report is to be presented and considered by the Board. (e) At the conclusion of each investigation, the Board shall, in preliminary written findings of fact and conclusions based thereon, make a determination of whether or not probable cause exists to believe that an ethics violation has occurred. If the Board determines that no probable cause exists, it shall immediately send written notice of such determination to the accused and to the complainant. (f) For complaints accusing a City Council member, the Board will prepare its written findings and recommendations and present its report to the City Council. If the Board determines that no probable cause exists, then the matter is deemed concluded. If the Board determines that probable cause exists, then the City Council shall assume jurisdiction over the complaint. 65. Hearing on Complaint Against Non-Council Member. (a) For a complaints against a person other than a City Council member, if the Board determines that there is probable cause for believing that a violation of the Conflicts Of Interest Policy has been committed, its preliminary findings of fact and conclusions may include an order setting a date for a hearing to determine whether a violation of the Conflicts Of Interest Policy has occurred. The Board shall serve the order upon the accusedrespondent. (b) A hearing shall be commenced within thirty (30) days after the date it is ordered unless the accusedrespondent petitions for and the Board consents to a later date. The respondent shall have the right to present additional information and witnesses and to examine any information and witness offered against the respondent.Prior to any hearing ordered under this section, the accused is entitled to full discovery rights, including adverse examination of witnesses who will testify at the hearing. (c) The Board shall inform the accusedrespondent or his/her counsel of exculpatory evidence in its possession. 76. Action on Complaints. (a) The Board shall complete its review of the complaint and report its decision to the City Council in writing not more than sixty (60) days after the complaint is presented to it, except for good cause. (b) At the conclusion of the Board’s review of all information received upon a complaint against a City Council member: 09/11/2020 Page 52 of 70  (1) The Board shall determine whether probable cause exists to believe that an ethics violation has occurred and prepare a written report with findings of fact and conclusion for each violation, and recommended sanctions, if any. (2) The Board shall promptly send written notice of such determination to the respondent and to the complainant. (3) The Board shall present its report in writing to the City Council. (4) If the Board determines that no probable cause exists, then the matter is deemed concluded. If the Board determines that probable cause exists, then the City Council shall assume jurisdiction over the complaint. (ca) At the conclusion of the Board’s review of all information received on a investigation for any matterscomplaint not involving a City Council member, the Board shall prepare a written report including: (1) A summary of the investigation. (2) A summarycomplete record of any proceedings including but not limited to any testimony heard by the bBoard. (3) A decision and recommendations, if any. (4) The Board shall provide its report to the respondent and, as appropriate, to the City Manager or City Council. Section IV Other Board Business 1. Additional Functions. The Board, as it deems appropriate, and in a manner to be determined, may exercise the functions assigned to it by ordinance, including, but not limited to, recommending policy and ordinance revisions. 2. Executive Sessions. The Board may meet in executive session to consult with its legal counsel and to discuss the qualifications, competence, performance, character, or fitness of any public officer or employee, or prospective public officer or employee, to the extent authorized by law. 09/11/2020 Page 53 of 70  [End of rules. Appendix A to follow.] 09/11/2020 Page 54 of 70  APPENDIX A TIMELINE SUMMARY OF ACTION DATES As used herein, “days” shall mean calendar days, with intervening weekends and holidays included. Any period of time ending on a weekend or legal holiday shall be extended to the next business day. In calculating the number of days for action on an item, the day of acceptance of a complaint or of the filing of a request is not counted. Ethics Complaint: PERIOD FROM RULES ACTION ITEM DATE OF FILING REFERENCE Acceptance of complaint None Sec. III.2(a)(1) Board Clerk to advise Chair complaint in Within 5 days of acceptance Sec. III.2(a)(2) proper form Complaint & Rules provided to Within 5 days of acceptance Sec. III.2(a)(3) respondent Chair call for Initial Meeting Within 5 days of acceptance Sec. III.2(b)(1) Notice of Initial Meeting provided to Within 5 days of acceptance Sec. III.2(c)(1) parties Initial Meeting of Board to consider Within 30 days of acceptance, Sec. III.2(b)(1) complaint except for good cause Additional meeting(s) of Board To be determined by Board Sec. III Answer or objections filed by Within 5 days of Initial Meeting Sec. III.2(c)(2) respondent Advise of Rights to respondent Before Initial Meeting Sec. III.2(b)(3) At least 2 business days Filing of “papers” with Board Clerk Sec. III.3(a)&(c) before meeting Notice of investigation by Board Before investigation initiated Sec. III.5(b) provided to parties Investigation report provided to parties At least 5 days before meeting Sec. III.5(d) Written report to City Council and notice Within 60 days after Initial Sec. III. of determination to parties Meeting, except for good cause 7(a),(b)&(c) Advisory Opinion Request: PERIOD FROM RULES ACTION ITEM DATE OF FILING REFERENCE First meeting of Board to consider request Within 45 days Sec. II.1(d) Additional meeting(s) of Board To be determined by Board Sec. II.1(d) Within 10 days of Board Issuance of written opinion to requestor Sec. II.1(e) reaching its opinion 09/11/2020 Page 55 of 70  City Council Chambers 1st Floor ~ Municipal Building 123 South Lincoln Street Aberdeen, SD 57401 Administrative Staff City Attorney Office BOARD OF ETHICS Tel. (605) 626-7025 2020 ANNUAL MEETING MINUTES The Board of Ethics held its annual meeting on Tuesday, September 1, 2020, at 3:30 p.m., in Council Chambers on the First Floor of the City of Aberdeen Municipal Building located at 123 South Lincoln Street, Aberdeen, South Dakota. 1. Call to Order Present at roll call were members Scott Kuck, Jon Schaff, Cindi Walsh, Heidi Fiedler, and Sister Kathleen Bierne by teleconference. Ron Wager, City Attorney, and Angie Seyer, Legal Assistant, were also present as Administrative Staff. City Manager Joe Gaa was also present. 2. Election Of Officers Chairperson Kuck called for the election of officers. Nomination by Walsh, second by Bierne to elect Kuck as Chairman, Schaff as Vice-Chairman, and Fiedler as Secretary. No other nominations being made, upon roll call vote, all voting aye. By unanimous vote, Kuck was re-elected Chairman, Schaff was elected Vice-Chairman, and Fiedler was elected Secretary. Kuck presided over the remainder of the meeting. 3. Approval of Minutes Motion by Schaff, second by Walsh to approve the minutes of the January 13, 2020, special meeting. Upon roll call vote, all voting aye, motion carried. 4. Open Forum No one appeared in open forum to address the Board. Wager introduced City Manager Joe Gaa to the Board. 09/11/2020 Page 56 of 70 5. Overview of Board Activity Since 2019 Annual Meeting Wager provided an overview of the Board’s activities since its last annual meeting. Four ethics matters were filed in 2019. In addition to its annual meeting on September 10, 2019, the Board held six special meetings to hear and decide two confidential Complaints and to issue two Advisory Opinions, with the last special meeting on January 13, 2020. The Board retained outside legal counsel to assist it in conducting the hearings on the Complaints. Wager thanked the Board for their hard work in the last year and expressed the sentiment of the Board in hoping that the coming year would not be as busy. 6. Amendment to Rules of Procedure Kuck informed the Board that he and Wager, as the designated subcommittee of the Board, met several times to review and revise the Rules of Procedure to streamline the procedures and clarify the Board’s decision-making process. Kuck presented a redlined set of proposed amendments to the Rules of Procedure for the Board’s consideration and adoption. Motion by Schaff, second by Fiedler to adopt the amendments to the Rules of Procedure as proposed by the subcommittee. Discussion followed. Wager reviewed with the Board the proposed amendments by Section. Bierne asked why “complainant” was being used when “petitioner” is typically associated with “respondent” as proposed in the amendment? Wager explained that “complainant” was retained because the initiating document, by ordinance, is a complaint rather than a petition. Wager noted that samples of the Notice Of Initial Meeting and the Advise Of Rights were provided to the Board to show the interplay between the proposed amendments and their actual use in an ethics complaint. Kuck and Wager explained that the new “probable cause” definition at proposed Section III.2.(c)(5) tracks language used by the SD Supreme Court for an administrative body. Schaff asked if a timeline summary could be included to guide the Board and parties in complying with the various time periods established by the Rules? Wager said he could prepare such a timeline. Walsh asked if there could be a clarification that, unless otherwise indicated, use of the word “days” shall refer to calendar days and not business days? Members agreed that such a clarification may help reduce confusion. Schaff asked if the language at proposed Section III.4.(a) regarding dismissal of a complaint that is not sufficient to allege a violation means that the complaint must have “facial validity”? Wager agreed with that statement and offered that sufficiency is a corollary to summary judgment in which, assuming all facts as alleged in the complaint are true, a judge can dismiss a complaint that does not raise a legal claim against the other party. An example of insufficiency would be an ethics complaint against a council member for refusing to take action on behalf of the complainant that is unlawful or outside of the elected official’s authority, like demanding the dismissal of a city ticket. Wager completed his review of the remaining proposed Rules amendments. Motion by Walsh, second by Bierne to amend the main motion (1) to add the following subsections (e) and (f) to Section I.3. Procedures: “(e) Unless otherwise specified, use of the word “days” throughout these rules shall mean calendar days, with 09/11/2020 Page 57 of 70 09/11/2020 Page 58 of 70  7D 09/11/2020 Page 59 of 70 09/11/2020 Page 60 of 70 09/11/2020 Page 61 of 70 09/11/2020 Page 62 of 70  7E 09/11/2020 Page 63 of 70 09/11/2020 Page 64 of 70  7F 09/11/2020 Page 65 of 70 09/11/2020 Page 66 of 70 09/11/2020 Page 67 of 70 09/11/2020 Page 68 of 70 09/11/2020 Page 69 of 70  7G 09/11/2020 Page 70 of 70