HomeMy WebLinkAboutCouncil Workshop Minutes 03.12.2019MINUTES
CITY OF LAUREL
CITY COUNCIL WORKSHOP
TUESDAY, MARCH 12, 2019
A Council Workshop was held in the Council Chambers and called to order by Mayor Tom Nelson at 6:32 p.m.
on March 12, 2019.
COUNCIL MEMBERS PRESENT:
_x Emelie Eaton
_x Heidi Sparks
x Bruce McGee
x Richard Herr
x Scot Stokes
Iry Wilke
x Richard Klose
x Bill Mountsier
OTHERS PRESENT:
Matthew Lurker, Chief Administrative Officer
Kurt Markegard, Public Works Superintendent
Nick Altonaga, City Planner
Public Input:
There were none.
General Items
1. Reappointment of Evan Bruce to the Yellowstone Historic Preservation Board for a term ending
December 31, 2020.
Mayor Nelson stated there were was some confusion on when Mr. Bruce's term ended. This is a reappointment
to clarify that issue.
Executive Review
2. Resolution - A Resolution Of The City Council Authorizing The Developer Of Iron Horse Station
Subdivision To Install A Stormwater Pond Within Dedicated Parkland Within The Subdivision
Pursuant To LMC 16.40.040.
This request has been reviewed by Park Board. The Park Board has recommended allowing dedicated parkland
for the stormwater facility which is allowable under LMC. The drainage pond must be an amenity to the park.
An aerial map of the area was handed out to Council, see attached. There will be an issue with stormwater
towards the west end of the project. Placing a drainage pond is a logical solution. This request is for permission
to move forward with design work. Council would still need to approve the final design. Water levels are
expected to be approximately 2 to 3 feet in total depth during a rain event.
It was questioned if this would need to go out for bid. It was clarified that no, the developer would be
responsible for this project.
Resolution - Resolution Selecting For The City Of Laurel's (2018-2019) Pavement
Maintenance Project And Authorizing The Mayor To Sign A Contract For Completion Of The Project
Same project that was bid last year. The contractor did not want to honor the bid and wanted to do
work until this spring.
This is a rebid of the project Council approved last fall where the contractor did not want to honor the bid.
Hardrives was the lowest bidder. The Engineer's estimate was $161,367.00, and Hardives came in with a bid of
$137,698.00. Hardrives bid is approximately $8,000 above the bid received in the fall. The next bid was
$158,406.00. The contractor will begin the work as soon as weather permits. Chip and crack sealing can be
done first then pavement maintenance as the weather improves.
4. Resolution - A Resolution Of The City Council Approving A Three -Year Agreement Between The
City Of Laurel And Local Union Local 303, American Federation Of State, County And Municipal
Employees, AFSCME.
Mayor Nelson stated that the CAO and the City Attorney had spent time getting this contract negotiated. The
City was able to provide educational opportunities for those involved in the negotiation team.
The CAO stated that the changes made were focused on work/life balance, such as the way vacation is done,
more vacation opportunities, etc. Officers currently purchase their own equipment. There has been an increase
in the equipment allotment. He brought changes in section nine to Council's attention. There was an increase in
health insurance to the same as other City employees. There was also a 2% pay increase.
Jessica McCartney, Dispatcher and 303 Union President, was present to answer any of Council's questions.
5. Ordinance - An Ordinance Amending Title 2, Chapters 2.08, 2.12, And 2.60 Of The Laurel Municipal
Code For The Purpose Of Clarifying That Current City Employees Are Not Eligible To Seine As
Members Of City Committees And Commissions Or To Serve As Elected City Officers In Accordance
With Montana Law.
Council was provided with supporting documents, see attached. This amendment stemmed from last year's
election issues. There were questions if people knew this information. It was requested that this amendment
move forward.
It was questioned if volunteers are considered employees. It was clarified that yes, volunteers are employees. It
was further clarified that one could not have oversight over themselves. That a volunteer police officer would be
ineligible to run for Mayor as the Mayor has ultimate oversight. But it was questioned if that would also pertain
to a Council Member.
Mayor Nelson stated that he would get clarification and have the City Attorney present at next weeks meeting.
Council Issues
It was questioned if the park in the Elena Subdivision has a drainage pond. It was further questioned if the
Council had given permission for that drainage pond. Mayor Nelson stated that he was unsure and would follow
UP.
Public Works Committee will meet on March 18`h at 6 pm in the Council Conference Room. Council was
reminded if there were any agenda items to get them to the Chair or Public Works Director.
Other Items
There were none.
Review of Draft Council Agendas
6. Draft City Council Agenda for March 19, 2019.
Mayor Nelson brought it to Council attention that there has been no committee looking at dry scaping in the
boulevards. The Council has not given an answer to the gentleman with rocks in his boulevard. Council will
need to make a decision on the request as there have been no changes to the ordinance.
Mayor Nelson also stated that there is work being done on enforceable ordinances. Those will be coming
forward soon.
Attendance at Upcoming Council Meeting
Council Member Sparks will be unable to attend.
Announcements
7. Employee and Volunteer Recognition
Mayor thanked employees and volunteers for their years of service.
Jessica McCartney, 303 Union President, invited Council to the spaghetti dinner for a Dispatcher. This
Dispatcher has cancer and has been out for a while and will continue to be out. The spaghetti dinner is
scheduled March 30'h from 3pm to 6 pm at St. Anthony Parish Hall. There will also be a silent auction. Those
interested in purchasing tickets can do so by contacting Jessica. A flyer with all information will be placed in all
Council Member's boxes.
The council workshop adjourned at 7:02 p.m.
Respectfully submitted,
Brittney &10 nan
Administrative Assistant
NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the listed workshop
agenda items.
Tint Fox
Attornev General
May 4, 2018
Brian J. West
City Attorney
Town of'Stevensville
P.O. Box 30
Stevensville, MT 59870
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ST'AT'E OF MONTANA
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Re: Request for guidance — doctrine of incompatible offices
Dear Mr. West:
Department of Justice
Joseph P. Mazurek Justice Bldg.
215 North Sanders
P.O. Box 201401
Helena, MT 59620-1401
t � C►+F+It'9�1~�1J
On behalf of the Town of Stevensville, you have requested "legal guidance" under facts which
indicate the "doctrine of incompatible offices." Because your question is answered in cases and
Attorney General Opinions that your research revealed, as well as others, we provide a letter of
advice. "Phis is not a formal Attorney General Opinion and should not be presented as such.
As explained in Klic•k v. I-Vittiner, 50 Mont. 22, 24-25, 144 P. 648, 649-50 (Mont. 1914) (which
You cite). offices are incompatible when one has power of removal of the other, when one is in
any way subordinate to the other, .when one has power of supervision over the other, or when the
nature ol•the duties of the two offices are such as to render it improper, from considerations of
public policy, for one person to retain both.
In this situation. the recently elected Mayor of Stevensville was at the time of election also a
fireman in the town's volunteer fire department. Under Title 7 of the Montana Code Annotated
Local Government — the mayor exercises appointment authority for the fire chief, assistant
chief and all firefighters. %;font. Code Ann. §7-33-4106, cited in your request. The mayor may
also suspend the chief, assistant chief or any firefighter for neglect of'duty. Id. at § 4122. The
hearing procedtn•e. atter suspension is detailed in Mont. Code Ann. §7-33-4124. After hearing,
the firefighter may be removed. N. at S 4124(4).
The request points out that the mayor has no statutory authority to remove a firefighter, but the
mayor may certainly suspend a firefighter and initiate the removal process. Under Klick and the
statutes. the mayor arguably has "power of removal" over firefighters by initiating the process
with a suspension. As such, firefighters are subordinate to the mayor. The doctrine explained in
TELEPHONE: (406) 444-2026 r•Ax: (406) 4 i•i-3549 E-A-VIL: contactdoj(«'nu.gov WEII: nitd(tj.gov
AIONTXNA DEPARTMENT OF JUSTICE
Lccal Scn'iccs Division * Division of Criminal lnvcstigation * highway Patrol Division * Forensic Science I)ivisivn
G:unbhng Cuntrul Division * Tutor vehicle DjvL5imi * Iniornt:uiun 1'echnolog}- Sen•ices Division * Central Services Division
Brian West
May 4. 2018
Page 2
Klick is still recognized. See Zunski i,. Frenchtown Rural lure Dep'i Bet ol'Trs., 2013 MT258
11 20-21.
As stated in 43 Op. Att'y Gen. No. 47 (1989), -'the operation ofthe doctrine of incompatible
offices is quite simple. Acceptance of'a second public office incompatible with a currcnt public
position operates as an implied resignation from the latter position," let. at 165, citing Kick. The
facts of that :AGO involved one person being a board member of both a voluntccr fire department
and a fire service area board. The two entities were separate government entities, and one was
not dependent upon the other for creation or continued existence. In 27 Op. Att'y Gen. No. 81
(1958), one person being both a deputy school superintendent and a deputy probation officer dict
not violate the doctrine. since one did not control the other. "Plainly the deputy probation
officer has no authority or power to supervise the deputy superintendent ofschools or appoint or
remove her from office or vice versa." Al at 177.
However, 46 Op. Att'y Gen. No. 26 (1996) determined that one person cannot be both a county
commissioner and the count,. coordinator of'disaster and emergency services, since "the
commissioners have the power of supervision, revision, and removal over the position of DES
coordinator." 1i1. at 2. The N1iss0u1a City Attorney also relies on Klick in this regard. See Legal
Opinion 201 1-001, attached, which determined that a city employee may not also serve as a city
council member. 'These last two opinions are most analogous to the situation that you have
described in Stevensville.
Under these authorities, because the mayor has appointment and suspension control over
firefighters, the doctrine of incompatible offices as explained in Klick applies, preventing the
recenily elected mayor from maintaining- his position as a firefighter in Stevensville's volunteer
fire department.
:Again, this letter is in response -to -N(
Attorney -Genera and should not be
jVery truly yoursf�
PATRICK RISKEN
encl.
request for a letter of advice, is not a formal Opinion of the
.seated as an Attorney General Opinion.
OFFICE OF T14E 1TVATTORNE7r
435 Ryrnau o Missoula M'r 59(302
(406) 5S2-6020 o fax: (406) 327-2105
=rnuya ri mirsouhi mt us
Legal Opinion 2011-001
TO: John Engen, Mayor; City Council; Bruce Bender. Chief Administrative Officer;
Brenrt Ramharter, Finance Director; Dept. City Clerk; Dept. Human Resources
CC: Legal Staff
FROM, Jim Nugent, City Attorney
DATE January 7, 2011
RE: A city employee may not simultaneously serve as a city council member
pursuant to the legal doctrine of incompatible offices
FACTS:
Ward 2 currently has a vacant city council position after the resignation of Roy
Houseman. Reportedly, a city employee has expressed interest in appointment to fill the vacant
position.
ISSUE:
May a city employee simultaneously serve ns a city council member?
CONCLUSION:
No. pursuant to the legal doctrine of incompatible offices, a city employee may not
simultaneously serve as a city council member.
LEGAL: DISCUSSION:
The Montana Attorney General held a city public works employee or director cannot be
a member of the city council. 47 Op. Att'y Gen. 19 (1998). Pursuant to Mont. Code Ann. §'—)-
15-501(7) "the attorney general's opinion is controlling unless overruled by a state district court
or the supreme court."
In his 1998 opinion. Attorney General Joe Mazurek stated in pertinent part:
As noted in Mr. Bums' letter, the question of whether a city employee sitting on
the city council presents a conflict of interest was previously addressed in 41 Op.
Att'y Gen. No. 81 (1986). In that opinion, former Attorney General Mike Greely
held that there is no inherent conflict of interest when an employee of the City of
Glendive is also an elected member of the city council. That opinion provides the
controlling answer to Mr. Bums' initial question regarding a possible conflict of
interest.
However, adoption of a conflict-of-interest statute in no way abrogates the
common law rule against the holding of incompatible positions. Taro v.
Bowman Pub. Sch. Dist. No. 1, 232 N. W.2d 67, 71 (N.D. 1975). Because I
conclude that the doctrine of incompatible offices prevents a public works
employee or director from serving as a city council member, as well as a hospital
employee from serving as a trustee of the hospital district, it is not necessary to
further analyze the conflict of interest issue.
The Montana Supreme Court has recognized that two offices are incompatible
when one has the power of removal over the other, when one is in any way
subordinate to the other, when one has the power of supervision over the other, or
when the nature and duties of the two offices are such as to render it improper,
from considerations of public policy, for one person to retain both. State ex rel.
Klick v. Wittmer, 50 Mont. 22,144 P. 648 (1914).
The doctrine of incompatible public offices eliminates the public policy concerns
inherent in the simultaneous holding of multiple public offices or positions by:
(1) preventing multiple position -holding, so that offices and positions of
public trust do not accumulate in a single person; (2) preventing
individuals from deriving, directly or indirectly, any pecuniary benefit by
virtue of their dual position -holding; (3) avoiding the inherent conflict
which occurs when an employee's elected position has revisory power
over the employee's superior in another position; and (4) ensuring,
generally, that public officeholders and public employees discharge their
duties with undivided loyalty.
46 Op. Atey Gen. No. 26 (1996), citing 43 Op. Att'y Gen. No. 47 at I65 (1989),
which cites Acevedo v. City of North Pole, 672 P.2d 130, 134 (Alaska 1983).
In 46 Op. Att'y Gen. No. 26, I Also concluded that the common lav doctrine of
incompatible public offices applies to public employees, as well as to public
office holders. and that a county employee appointed by a board of county
commissioners and paid by the county cannot serve on the board of
commissioners for the same county.
-2-
The common4aw doctrine of incompatibility extends to positions of public
employment as well as public offices. See. e.g.. Otradovec v. City of Green Bay,
347 N.W.2d 614 (Wis. Ct. App. 1984). As [he Wyoming Supreme Court has
stated, it is "inimical to the public interest for one in public employment to he
both the employer and the employee or the supervisor and the supervised."
Thomas v. Dremmel, 868 P.2d 263, 264 (Wyo. 1994), quoting Haskins v. State ex
rel. Harrington, 516 P.2d 1171 (Wyo. 1973).
46 Op. Att'y Gen. No. 26.
47 Op. Att'y Gen. 19 (1998) (copy attached).
CONCLUSION:
No, pursuant to the legal doctrine of incompatible offices, a cite employee may not
simultaneously serve as a city council member.
-3-