City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL AGENDA SPECIAL CITY COUNCIL MEETING JUNE 27, 2016 AGENDA ITEM NO. 1: The Special City Council meeting was called to order at 10:04 a.m. ROLL CALL by Mayor Brian Blad. Council members present were Roger Bray, Steve Brown, Jim Johnston, and Gary Moore. AGENDA ITEM NO. 2: Council was asked to adopt a resolution and authorize execution of STATE/LOCAL an agreement between the State of Idaho and City of Pocatello for CONSTRUCTION the Lewis Street Bridge Project, subject to Legal Department review. AGREEMENT AND This federal aid project consists of the complete replacement of the RESOLUTION-LEWIS bridge on Lewis Street at the concrete channel section of the STREET BRIDGE PROJECT Portneuf River. Highway Technical Assistance Council (LHTAC) will administer this project for the State. Funding is available in the amount of $1,316,000.00 with a local match of 7.34% or approximately $96,000.00. Funding for the City’s Construction match has been programmed into the Fiscal Year 2016 Fund 70 budget. Construction is anticipated to begin in the fall of 2016 or spring of 2017. A synopsis of the project was given by Engineering Department Intern, Sukriti Panthi. A motion was made by Mr. Moore, seconded by Mr. Johnston, to adopt Resolution 2016-08 and authorize execution of an agreement between the State of Idaho and City of Pocatello for the Lewis Street Bridge Project, subject to Legal Department review. Highway Technical Assistance Council (LHTAC) will administer this project for the State and funding is available in the amount of $1,316,000.00 with a local match of 7.34% or approximately $96,000.00. Upon roll call those voting in favor were Moore, Johnston, Bray, and Brown. AGENDA ITEM NO. 3: Council was asked to consider a possible violation of the DECLARATION OF requirements of Idaho Code Section 74-208(7)(b) of the Idaho Open POSSIBLE OPEN MEETING Meeting Act by the Fact Finding Panel during the negotiations of VIOLATION AND the IAFF Local 187 Collective Bargaining Agreement held on RESOLUTION December 2, 2015. The following considerations are: -VIOLATION a) Should the Council declare the open meeting violation occurred by DECLARATION acknowledging the Fact Finding Panel deliberated and made decision in a closed meeting and said action is a violation of the requirements of Idaho Code Section 74-206A and the Open Meeting Act; and -RESOLUTION b) Adopt a resolution that the actions of the binding Fact Finding Panel as set out in the December 2, 2015 decision are null and void; and direct the applicable staff to return to the negotiation process for the issues related to the decision of the Fact Finding Panel. In response to a question from Mr. Brown, Dean Tranmer, City Attorney, explained how a violation of the Open Meetings Act can occur, the potential consequences of an open meeting violation under the Idaho Open Meetings Act, and the proper protocols for reporting and curing the same. SPECIAL CITY COUNCIL MEETING 2 JUNE 27, 2016 Mayor Blad mentioned that effective July 1, 2015 the Idaho Legislature amended the Open Meeting Act to require negotiations to be in open session and shall be available for the public to attend. Previously, negotiations could be in closed session if the parties agreed to do so. Mr. Tranmer noted part of the amended law also covers designated representatives and “arbitrators, mediators or similar labor dispute meeting facilitators” which the Fact Finding Panel falls under. At the December 2, 2015 Fact Finding Hearing regarding the IAFF Local 187 Collective Bargaining Agreement, deliberations and a decision were made in a closed session. Mr. Bray reminded the Council that their task is to acknowledge and rectify that a decision was reached in a closed session and that the decision was not made in accordance with the Open Meetings Act. Richard Diehl, Deputy City Attorney, clarified the matter before the Council today was not if the decision made by the Fact Finding Panel was right or wrong, it was that the decision was made in violation of the Open Meetings Act, therefore the decision made is null and void by State Law. A motion was made by Mr. Bray, seconded by Mr. Johnston, to declare an open meeting violation occurred as outlined in Agenda Item No. 3 (a) and adopt resolution 2016-09 as outlined in Agenda Item No. 3(b) further directing the applicable staff to return to the negotiation process for the issues related to the decision of the Fact Finding Panel. Mr. Bray reiterated that the Council does not have a choice in the matter. The Council has been advised by two City Attorneys that the Fact Finding Panel deliberated and made a decision in a closed session; which was illegal. In order to cure the violation, negotiations would need to start over. Mr. Johnston concluded it was the right thing to do especially since the Council received training from the Idaho Attorney General’s Office on the Open Meetings Law. Mr. Bray’s motion was voted upon at this time. Upon roll call, those voting in favor were Bray, Johnston, and Brown. Mr. Moore voted against the motion. The motion passed. There being no further business, Mayor Blad adjourned the meeting at 10:30 a.m. APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK PREPARED BY: TIFFANY OLSEN, PARALEGAL/ASSISTANT TO CITY ATTORNEY