City Council Special Meeting - ARCHIVED

CITY OF SOUTH JORDAN CITY COUNCIL SPECIAL MEETING COUNCIL WORK ROOM November 9, 2022 Present: Council Member Jason McGuire, Council Member Don Shelton, Council Member Brad Marlor, Council Member Tamara Zander, Council Member Patrick Harris, City Manager Gary Whatcott, Deputy City Manager Dustin Lewis, City Attorney Ryan Loose, Director of Budget and Strategic Services Director Don Tingey, IT Director Jon Day, Fire Chief Chris Dawson, CFO Sunil Naidu, Director of City Commerce Brian Preece, City Recorder Anna Crookston, Strategy and Budget Analyst Abagail Patonai Absent: Mayor Dawn R. Ramsey Others: Sam Bishop Before the meeting began, Council Member Shelton motioned to appoint Council Member Tamara Zander as Mayor Pro Tempore. Council Member Marlor seconded the motion; vote was unanimous in favor. 5:48 P.M. A. Welcome, Roll Call, and Introduction – By Mayor Pro Tempore, Tamara Zander Mayor Pro Tempore Zander welcomed everyone to the meeting and shared that the mayor will be joining the meeting shortly. B. Invocation – By Director of Budget & Strategy, Don Tingey Director Tingey offered the invocation. C. Dinner Served D. Training: Open and Public Meetings Act and Ethics. City Attorney Ryan Loose played a video related to the training on open meetings (Attachment A) and shared an Open and Public Meetings Act Handout (Attachment B). Council Member Marlor asked if an emergency meeting can be called without the standard public notice. Attorney Loose said yes, they just need to give as much notice as reasonably possible in the situation. He discussed prior times when an emergency meeting was called, specifically referencing the emergency meeting called to deal with the McManagle house on July 24. All of the council members were summoned to a virtual meeting where staff explained the situation and got the council’s feedback. Mayor Pro Tempore Zander said she knows they have to give notice on the city website, but what else would they do before an emergency meeting. Attorney Loose responded that if they can get a hold of the City Recorder, they will have it put on the public notice website; they will essentially put it anywhere they reasonably can.  2 City of South Jordan City Council Strategic Planning Meeting #2 November 9, 2022 City Recorder Anna Crookston said that as part of the Utah Public Notice Website, there is an emergency meeting option to choose; during an audit it would show the reason for giving less than a 24 hour notice was because it was an emergency meeting. Mayor Pro Tempore Zander asked who deems it an emergency. Attorney Loose responded that the council would. Staff would reach out to the council members and say they want to have an emergency meeting because of a specific reason, and then the council would decide whether or not that meeting needs to happen. Mayor Pro Tempore Zander asked about a situation where someone proposes an emergency meeting, and three of the five council members don’t agree that the situation is an emergency warranting a meeting. Attorney Loose responded that there would be no meeting. Mayor Pro Tempore Zander asked how that vote would be taken. Attorney Loose responded that they might send out a text, email, or they might call the council members; they will do whatever they can to get a hold of each person. If there is an event that takes down cell towers, they might send someone to their homes. He then moved on to discussing ethics and gave everyone an Ethics Handout (Attachment C) and a Code of Ethics Policy Handout (Attachment D). Mayor Pro Tempore Zander asked where the information is stored once they sign the disclosures, and how the public accesses it. Recorder Crookston responded that the administrators for each department sends it out to their employees, she then attests to each one that comes in after the employee has filled it out and signed it. If they have listed potential conflicts, she has a spreadsheet where she tracks those individual employees with a listing of the potential conflict(s). Those are stored with the city recorder for six years. It is the same with the elected officials’ disclosures. Council Member Zander asked if the public can access those records. Recorder Crookston responded that they can through a GRAMA request. Attorney Loose noted that it was brought up at a recent study session that at one point in time, the council chose not to have ex-parte or individual communications in a nonpublic area with developers. A few years ago the council chose to take that out, and that allowed the council members to be lobbied. If there is anything above and beyond the state laws that the council wishes to hold themselves to in terms of ethics which can be done with a resolution. Also, the council members should be holding each other responsible. If something inappropriate or illegal is done by a council member, the other members of the council are responsible for calling that out and taking appropriate action. Council Member Harris asked if there was anything in the current code of ethics that staff feels needs to be changed or discussed. Attorney Loose responded he didn’t see anything, and Deputy City Manager Dustin Lewis didn’t have anything to suggest and offered to email each council member a copy of the current code of ethics. Attorney Loose then moved on to discuss the city’s hotline, which has had only one call so far which was to report prescription fraud, and was not something the hotline would handle. The call was routed to his office and they were able to route it to the appropriate parties for further action.  3 City of South Jordan City Council Strategic Planning Meeting #2 November 9, 2022 Council Member McGuire motioned to recess the City Council Special Meeting and move to Executive Closed Session. Council Member Shelton seconded the motion; vote was unanimous in favor. RECESS CITY COUNCIL SPECIAL MEETING AND MOVE TO EXECUTIVE CLOSED SESSION E. Executive Closed Sessions E.1. Litigation E.2. Property RECESS EXECUTIVE CLOSED SESSION AND RETURN TO CITY COUNCIL SPECIAL MEETING Council Member Marlor motioned to adjourn the Executive Closed Session and return to the City Council Special Meeting. Council Member Shelton seconded the motion; vote was unanimous in favor. Manager Lewis asked if December 14 works for everyone’s schedules to have the next Special Meeting. The council discussed times and everyone agreed on 5:00 p.m. for the meeting. The council and staff discussed some of the items planned for that agenda and what is needed from everyone before that meeting. Council Member McGuire motioned to adjourn the City Council Special Meeting. Council Member Harris seconded the motion; vote was unanimous in favor. ADJOURNMENT The City Council Special Meeting ended at 8:59 P.M. This is a true and correct copy of the November 9, 2022 City Council Special Meeting Minutes, which were approved on December 6, 2022. South Jordan City Recorder  R2018-02 Exhibit A CODE OF ETHICS R2012-24 4/17/2012 For members of South Jordan City Council, Boards, Committees and Commissions Adopted by the South Jordan City Council Preamble: The Citizens and businesses of South Jordan City are entitled to have fair, ethical and accountable local government, which has earned the public’s full confidence and trust. In keeping with South Jordan City’s Commitment to Excellence, the effective functioning of the government, therefore requires, that:  Public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government;  Public officials be independent, impartial and fair in their judgment and actions;  Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility. To this end, the South Jordan City Council has adopted a Code of Ethics for Members of the City Council and of the City’s boards, committees and commissions to ensure public confidence in the integrity of local government and its effective and fair operation. 1. Act in the Public Interest Recognizing that stewardship of the public interest must be their primary concern, Members will work for the common good of the people of South Jordan and not for any private or personal interest, and they will ensure fair and equal treatment to all persons, claims and transactions coming before the South Jordan City Council, boards, committees and commissions 2. Comply with the Law Members shall comply with the laws of the nation, the State of Utah and the City of South Jordan in the performance of their public duties. These laws include, but are not limited to: the United States and Utah Constitutions; the South Jordan City Municipal Code; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government; and City policies and procedures. 3. Conduct of Members -1- The professional and personal conduct of Members must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other Members of Council, boards, committees and commissions, the staff or public. 4. Respect for Process Members shall perform their duties in accordance with the processes and rules of order as established by the City Council, board, committees and commissions governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the City Council by City Staff. 5. Conduct of Public Meetings Members shall prepare themselves for public issues; listen courteously and attentively to all public discussions before the body; and focus on the business at hand. They shall refrain from interrupting other speakers; making personal comments not germane to the business of the body; or otherwise interfering with the orderly conduct of meetings. 6. Decisions Based on Merit Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. 7. Communication Members shall publicly share substantive information that is relevant to a matter under consideration by the Council, boards, committees and commissions, which they may have received from sources outside of the public decision-making process. Exparte communication dealing with matters that will be heard by Members in a quasi-judicial capacity shall be deemed inappropriate. Members shall refrain from communication where all parties are not present, with any individual, group or business regarding matters that are pending before them in a quasi- judicial capacity. 8. Conflict of Interest In order to ensure their independence and impartiality on behalf of the common good, Members shall not use their official positions to influence governmental decisions in which they have a material financial interest, or where they have an organizational responsibility or personal relationship, which may give the appearance of a conflict of interest. In accordance with law, Members shall disclose investments, interest in real property, sources of income, and gifts; and they shall abstain from participating in deliberations and decision- making where conflicts may exist. 9. Gifts and Favors -2- Members shall not take any special advantage of services or opportunities for personal gain, by virtue of their public offices, that are not available to the public in general. They shall refrain from accepting gifts, favors or promises for future benefits, which might compromise their independence of judgment or action or give the appearance of such being compromised. 10. Confidential Information Members shall respect the confidentiality of information concerning the property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests. 11. Use of Public Resources Unless otherwise approved by the City Council, Members shall not use public resources unavailable to the public in general, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes. 12. Representation of Private Interests In keeping with their role as stewards of the public interest, Members of Council shall not appear on behalf of the private interest of third parties before the Council or any board, committee, commission or proceeding of the City, nor shall members of boards, committees or commissions appear before their own bodies or before the Council on behalf of the private interest of third parties on matters related to the areas of service of their bodies. 13. Advocacy Members shall represent the official policies or positions of the City Council, board, committee or commission to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, Members shall explicitly state that they do not represent their body or South Jordan City, nor will they allow the inference that they do. Members, acting in their City capacity, shall always represent the City’s official position when speaking with state and local elected officials and staff in regards to any potential legislation or action of a given entity (including state and county). The City’s official position is the majority vote of the City Council. When an issue is raised and action on that issue will be taken prior to the next regular meeting of the City Council, the unanimous opinion of the three individuals appointed to the Utah League of Cities and Towns Legislative Policy Committee (LPC) is the City’s official opinion. 14. Policy Role of Members Members shall respect and adhere to the Council-manager structure as adopted by ordinance of the South Jordan City government. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by the public, boards, committees, commissions, and City staff. -3- 15. Independence of Boards, Committees and Commissions Because of the value of the independent advice of boards, committees, and commissions to the public decision-making process, Members of Council shall refrain from using their position to unduly influence the deliberations or outcomes of board, committee and commission proceedings. 16. Positive Work Place Environment Members shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City. Members shall recognize their special role in dealing with City employees to in no way create the perception of inappropriate direction to staff. 17. Implementation As an expression of the standards of conduct for members expected by the City, the South Jordan City Code of Ethics is intended to be self-enforcing. It therefore becomes most effective when Members are thoroughly familiar wit it and embrace its provisions. For this reason, ethical standards shall be included in the regular orientation for candidates for City Council, applicants to board, committee and commissions, and newly elected and appointed officials. Members entering office shall sign a statement affirming they read and understood the South Jordan City Code of Ethics. In addition, the Code of Ethics shall be annually reviewed by the City Council, boards, committees, and commissions, and the City Council shall consider recommendations from boards, committees, commissions, and the staff to update it as necessary. 18. Compliance and Enforcement The South Jordan City Code of Ethics expresses standards for ethical conduct expected of Members of the South Jordan City Council, boards, committees, and commissions. Members themselves have the primary responsibility to ensure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The chairs of boards, committees, and commissions and the Mayor, have the additional responsibility to intervene when actions of Members that appear to be in violation of the Code of Ethics are brought to their attention. The City Council may impose sanctions on Members whose conduct does not comply with the City’s ethical standards, such as reprimand, formal censure, loss of seniority or loss of committee assignment. -4-