Council Study Session

MINUTES OF THE GILBERT TOWN COUNCIL, IN SPECIAL MEETING FOR A STUDY SESSION, TUESDAY, FEBRUARY 20, 2024, AT 4:00 PM, MUNICIPAL BUILDING I, COUNCIL CHAMBERS, 50 E. CIVIC CENTER DRIVE, GILBERT, ARIZONA COUNCIL PRESENT: Mayor Brigette Peterson, Vice Mayor Scott Anderson, Councilmembers Chuck Bongiovanni, Bobbi Buchli, Yung Koprowski, Kathy Tilque (attended virtually), and Jim Torgeson COUNCIL ABSENT: None. STAFF PRESENT: Town Manager Patrick Banger, Town Attorney Chris Payne, Town Clerk Chaveli Herrera, Intergovernmental Relations Director Rob Bohr, and Finance Management Services Director Hakon Johanson CALL TO ORDER OF SPECIAL MEETING Mayor Peterson called the meeting to order at 4:02 p.m. AGENDA ITEM 1. Discussion on possible changes related to the Code of Ethics Policy and complaint process. Vice Mayor Anderson stated they looked to create a firewall for Ethics complaints and make the process work better. He said they reviewed information from the Attorney General and stated most cities had not adopted a Code of Ethics policy, but rather deferred them to the Attorney General. He stated the Subcommittee was recommending to the Council to repeal the Code of Ethics Policy and keep the Code of Conduct. Town Attorney Payne stated that was the Subcommittee’s recommendation. He said one thing to keep in mind was that the Attorney General’s Office policy did not cover everything that could be considered an Ethics violation. He added any of those items could be added to be addressed in the Code of Conduct. He added that it would allow staff members and elected officials to hold each other accountable for items not considered violations of state law but were still Ethics concerns or how they interacted with the public or other concerns. Councilmember Buchli asked if a person from the public could no longer file an Ethics complaint. Town Attorney Payne stated that was correct, but under the Code of Conduct, they could lobby a Councilmember to file a complaint on their behalf. Councilmember Buchli did not think that would go over well with the public; she asked what was wrong with the current process. Mayor Peterson stated the process did not work, they did not receive great evaluations from the investigators, and the mediator failed. She stated she did not know how to make it better but rescinding it would cause problems with the public. Councilmember Torgeson stated that if there was something unethical; it could still be filed with the Attorney General’s Office. Town Attorney Payne stated if it was illegal, they could file with the Attorney General’s Office, noting someone could do something unethical but legal. Councilmember Torgeson stated with the current process it was left open for sport and no one was satisfied with any of the investigation results. Mayor Peterson asked how other cities were handling it in Executive Session when Gilbert Council had not found a mechanism to do so. Town Attorney Payne stated he saw the article she referenced, and that he would look into it. Vice Mayor Anderson stated they wished to limit misuse of Ethics complaints and the change would require that a Councilmember sponsor the complaint. There was a discussion held giving examples of frivolous complaints and how they could change the process. Councilmember Bongiovanni spoke about the possibility of having three Councilmembers support a complaint. Councilmember Buchli expressed concerns and possible issues with that process. Councilmember Koprowski suggested a process where they would vote before moving forward with an investigation. Councilmember Tilque stated initially the Ethics policy was for open meeting law violations, sharing confidential information, and to regulate questionable Council behavior. She said they had seen this policy try to be used to change behaviors that did not constitute ethical violations, and the time and money that was invested in investigations resulted in outcomes that failed to satisfy anyone involved. She discussed the background of the endeavor, stating the newer process came from asking how it could be handled without spending money, and considered if things could be solved before an investigation. She said they had found there was not a willingness to solve the issue during mediation, and they still had an investigation. She stated they updated the Ethics Policy, and in tandem created the Code of Conduct to include avenues to handle situations that were not covered by an Ethics complaint. She said they tried to get to the root of the problem with the understanding that there was a behavior issue. If it was not corrected it would come to the Council where they would make the decision of whether it needed to be sent to investigation, or penalties, and that would be covered under the Code of Conduct. She stated if they revoked the Ethics policy those items would need to be moved over to the Code of Conduct policy, because they were trying to correct behavior without spending so much money. Councilmember Buchli asked about the Town paying the attorney fees for the person filing the Ethics complaint and if the Town was obligated to pay. Mayor Peterson stated the Town had to pay; Town Attorney Payne stated the could add something stating they would be responsible if they filed the complaint, but that it would be difficult to enforce. Town Attorney Payne reiterated that the current Code of Conduct stated that a staff member or Councilmember could file a Code of Conduct complaint, and more than two instances of the same issue within 180 days would convert into a Code of Ethics process. He said that could be changed to make it a Code of Conduct process where there would be an investigation and potential penalties. He gave an example of what successful mediation between two parties who were willing to compromise would look like and then explained how it could go bad. Mayor Peterson asked about the direction. Town Attorney Payne stated that there was an item on the Regular meeting agenda that could be to motion to rescind the Ethics handbook, or they could revise the Code of Conduct to include the investigation and penalties then add that to a future agenda. Vice Mayor Anderson stated they were proposing to take two processes and put them into the Code of Conduct. Town Attorney Payne stated the Code of Conduct was more specific regarding specific behavior than the broad categories in the Ethics Handbook. He said he would recommend changes to the Code of Conduct be brought forward. Councilmember Koprowski stated she would like more information presented regarding the overlap between the two items. Councilmember Buchli agreed she would like to see it in writing before deciding, then reiterated her concern that the public would feel their right to file a complaint was taken away. Mayor Peterson agreed that she would like more time to consider the item before voting at the Regular meeting. Vice Mayor Anderson agreed that the Subcommittee had the opportunity to digest it but the other Councilmembers had not. Mayor Peterson stated she would like to hear more about what other cities were doing. Town Attorney Payne stated if they wanted to table it, it may be best to not speak about it during the Regular meeting. Councilmember Koprowski recommended postponing Item 21 on the Regular meeting agenda. She then spoke of postponing it to allow staff time to propose the revision to the Code of Conduct, then have the repeal of the Ethics Handbook and adoption of the revised Code of Conduct completed in one motion. Mayor Peterson agreed that it could be best to postpone it, possibly to April. Town Attorney Payne asked if it should be brought forward to a Regular meeting or Study Session; Mayor Peterson stated she would be comfortable having it go to a Regular meeting. Councilmember Koprowski stated she would like to meet in small groups to discuss those proposed changes first. 2. Discussion on possible changes related to Policies of Responsible Financial Management. Intergovernmental Relations Director Bohr discussed the Policies of Responsible Financial Management Support Costs document revisions while sharing his presentation to the Council. He stated he would share the key points of the policies for Employee Benefits, Transportation Support, Communication Support, Expenditure Reimbursement and Purchasing Cards, Travel, Training, Memberships and Social Events, and Office Space. He started with Benefits and mentioned they could enroll in Town health, and dental programs. He said they were covered by worker’s compensation and were not eligible for vacation, sick leave, or holiday pay. He then discussed Transportation support and the two choices available for business-related travel or reimbursement for travel. Councilmember Bongiovanni asked how mileage reimbursement worked for travel outside of the Phoenix Metro area. Finance Management Service Director Johanson stated mileage started from either their residence or Muni I, whichever was closer to their destination outside of the Phoenix area. Director Bohr discussed Communication Support within the office and the technology that was provided to each Councilmember which included a Town-issued laptop and email account and, a Town-issue cell phone with voicemail. He then covered the Expenditure Reimbursement and Purchasing Card section and discussed how each item worked. Vice Mayor Anderson asked if purchasing cards were issued to Councilmembers. Finance Management Service Director Johanson stated that Councilmembers were allowed to receive a purchasing card and they would sign an agreement that explained the usage rules. He stated they had support staff available who could order items on their behalf if they did not have a card. Director Bohr discussed the Travel, Training, Memberships, and Community Events policy noting that it set the parameters for the budget line item for their employee professional development. He said it included conference attendance, training, and other community- related expenses. He added that specific amounts were not listed because they changed yearly due to budget changes. He also mentioned the Arizona Constitution gift clause and pointed out different ways their employee development fund could be applied to conferences, training, and community events. Councilmember Torgeson asked if unused funds rolled over yearly. Director Bohr stated it was an annual budgeted amount and unused funds were returned to the Town, and each year would have a new budgeted amount. Mayor Peterson stated each year the budgeted amount could change based on budget discussions. Director Bohr discussed the last policy regarding Office Space, stating they would have shared office space and staff to support them. Mayor Peterson noted the document was updated and referred to Gilbert elected officials throughout the document. Councilmember Koprowski stated she supported all the changes and to ensure that Councilmembers were aware to disclose travel expenses on their annual financial disclosure reports and asked staff to provide that information to them. Director Bohr stated he appreciated that suggestion and would incorporate it into the document. ADJOURN Mayor Peterson adjourned the meeting at 4:59 p.m. ATTEST: ___________________________ ___________________________________ Brigette Peterson, Mayor Chaveli Herrera, MMC, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Study Session of the Town Council of the Town of Gilbert held on the 20th day of February, 2024. I further certify that the meeting was duly called and held and that a quorum was present. Dated this __________ day of ______________, 2024. ___________________________________ Chaveli Herrera, MMC, Town Clerk