Ethics Policy Review & Meeting Rules Committee

ETHICS POLICY REVIEW COMMITTEE Conference Room 302A 10 N. Division Street Battle Creek, MI 49014 July 7, 2009 5:30 p.m. Committee Members Present: Commissioners Baldwin, Hersha, and Simmons Committee Members Absent: None. Staff Present: Eileen Wicklund, Deidre Laser, Michelle Reen Call to Order: Commissioner Hersha called the meeting to order at 5:35 p.m. Public Comment: None. Approval of Minutes: A motion was made by Comm. Baldwin, supported by Comm. Simmons, to approve the April 21, 2007, meeting minutes. All yes. Motion carried. Review Purview of Committee: Attorney Wicklund stated in an email she had referenced the purpose of the committee was to conduct the annual review of the City Commission’s Ethics Policy. However, in 2008, the committee appointment memo contained additional verbiage, “and address other issues that may arise,” added into the purpose. Comm. Hersha asked Ms. Wicklund to research why and when the verbiage changed. The Committee discussed the possible scope of the Committee to include playing a role as a Hearing Board or providing an orientation for new commissioners. Comm. Hersha stated the next order of business was to determine the procedure for the Committee’s review of the Ethics Policy. Attorney Wicklund noted in 2005, a survey was completed by the City Commission. Comm. Simmons recommended sending the survey to the full City Commission again and asking them to send any changes to the Committee. Comm. Baldwin suggested reviewing the previous questionnaire. She asked if there is a standardized Ethics Policy proposed at the state level. Comm. Hersha commented that the state has new legislation relating to financial disclosure. He asked the Committee if there were other things that should be included in the survey. Comm. Simmons suggested querying the Commission about the purpose of the Committee should the Committee be tasked with looking into violations of the policy. 1 Attorney Wicklund stated there may be an Open Meetings Act exception to hold a closed door session if there is a breech of the ethical code and she offered to research the exception. Once it is determined that three commissioners believe that the Ethics Ordinance comes into play, they may request that an Open Meeting be held. If that request is made, the meeting must be open to discuss a violation. Comm. Hersha believed it was important to proceed in a way that is inclusive of the City Commission’s perspective as well as fair to the spirit and intent of the Code itself by maintaining the public trust. Comm. Hersha noted Article 15, Compliance and Enforcement, included the enforcement mechanism and questioned how the Committee could clarify or change the process. Attorney Wicklund said the Policy is written broadly because it would be difficult to include everything that could ultimately be a violation. Specifics may make it worse. She suggested looking at other Ethics Policy models. Comm. Baldwin noted that Article 7 is written more specific. Comm. Hersha stated the Ethics Policy should not stop the Commission as a whole from viewing the Code of Ethics as a serious guideline that requires some type of action to ensure enforcement. He asked if there were other articles that should be discussed. Comm. Simmons suggested reviewing Article 7, as a gift value of $100 seemed high to him. Michelle Reen noted that gift giving is very common with the City’s international friends and connections. Many times, gifts are given to the Mayor as a gift to the City. Attorney Wicklund suggested adding a requirement of providing a list of what commissioners have received. Comm. Hersha stated the Committee may want to reconsider disclosure as the public may appreciate knowing what commissioners are receiving. Comm. Baldwin suggested looking at other city policies to see how they have handled gift giving. Comm. Hersha felt that the Committee should meet annually. Next Steps: Attorney Wicklund offered to research the following for the Committee: 1. Research extra verbiage in appointment memo regarding the Committee’s purpose 2. Research Code of Ethics from other municipalities 3. Research Open Meetings Act exceptions City Clerk Laser stated she would send out the 2005 survey to the Committee for review. Public Comment: None. Adjournment: Commissioner Hersha adjourned the meeting at 6:45 P.M. 2