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Home My WebLink About09298 City Clerk’s Office Item # R-6 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: May 29, 2018 TO: Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: AN ORDINANCE AMENDING CHAPTER 4 OF TITLE I OF THE PUEBLO MUNICIPAL CODE BY THE ADDITION OF A NEW SECTION 10 RELATING TO THE CONFIRMATION OF MAYORAL APPOINTEES BY CITY COUNCIL SUMMARY: Attached is a proposed Ordinance which establishes general procedures for the confirmation of mayoral appointees by City Council. PREVIOUS COUNCIL ACTION: There has been no previous council action regarding changes to the Pueblo Municipal Code made necessary by the change in the form of government. BACKGROUND: On November 7, 2017, the voters of the City of Pueblo by passing Ballot Issue 2A changed the form of government of the City from a Council-City Manager format to a Mayor-Council format. The Charter Amendment requires corresponding changes in the Pueblo Municipal Code. Charter Section 4-4, as amended, requires the City Council to confirm the appointment of certain City officers appointed by the Mayor. FINANCIAL IMPLICATIONS: The financial implications associated with the change in the form of government are unknown at this time. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If City Council does not approve this Ordinance, the Pueblo Municipal Code will not contain any procedures for the confirmation of Mayoral appointees. RECOMMENDATION: Approve the Ordinance. Attachments: Proposed Ordinance ORDINANCE NO. 9298 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE I OF THE PUEBLO MUNICIPAL CODE BY THE ADDITION OF A NEW SECTION 10 RELATING TO THE CONFIRMATION OF MAYORAL APPOINTEES BY CITY COUNCIL BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Chapter 4 of Title I of the Pueblo Municipal Code is hereby amended by the addition of a new Section 10 as follows: Sec. 1-4-10. – General procedure for confirmation of Mayoral appointees. (a) The City Council is required by City Charter Sec. 4-4 to confirm the Mayor’s appointment of individuals to serve in the positions defined therein (“appointee”). In considering an appointee for confirmation, City Council should limit its review to the appointee’s academic credentials, training and experience, and qualifications or ability to perform the essential functions for the position for which the confirmation is sought. The confirmation process is not intended as a review of the appointee selection process; the appointee’s qualifications relative to other candidates considered but not selected for appointment; or matters not directly relevant to the appointee’s ability to perform the essential functions of the position. Additionally, as time is generally of the essence, City Council should strive to complete the confirmation at its next Regular Session meeting, if at all possible. (b) If the Mayor desires Council representation on the selection committee, the Council President, in consultation with the Mayor, shall select and appoint one or two Councilmember(s) to serve on the Mayor’s appointee candidate selection committee. The Councilmember(s) service on the selection committee and their duties on the selection committee shall be at the discretion of the Mayor. The Councilmember(s) serving on the selection committee shall keep confidential the details of candidate applications, resumes, curriculum vitae, references, and background information for those candidates who are not selected as the Mayor’s appointee. The details of the Mayor’s appointee’s application, resume, curriculum vitae, references, and background information shall be released by the Mayor to the entire Council upon commencement of the confirmation process. (c) Upon the Mayor’s notification to Council that an appointee has been selected, the Council shall commence the following confirmation procedure: (1) The Mayor shall notify Council by contacting the Council President in person or by telephone or by delivering a written or emailed request for confirmation of the Mayor’s appointee. (2) Within two (2) business days of the Mayor’s notice to Council, the Mayor or the Mayor’s representative shall forward to Council the advertised position description for the office the appointee will hold, the appointee’s application, resume, curriculum vitae, references, background information, and the proposed salary (“confirmation packet”). The information contained in the confirmation packet shall be clearly marked so that Councilmembers can easily determine which documents will be part of the confirmed appointee’s personnel file as that term is defined by the Colorado Open Records Act, C.R.S. §24-72-201, (“CORA”). Confirmation et seq. must commence within thirty (30) days after receipt of the confirmation packet. (3) If one or more Councilmember(s) served on the Mayor’s selection committee for the appointee, the Councilmember(s) shall be available to discuss one-on-one with other Councilmembers the appointee’s academic credentials, training and experience, and qualifications or ability to perform the essential functions for the position for which the confirmation is sought. (4) Within five (5) business days of receipt of the confirmation packet, any Councilmember may request additional information about the selection process, the appointee’s qualifications or stakeholder recommendations by forwarding the request to the Council President. The Council President shall forward the request to the Mayor. The Mayor shall provide the requested additional information in a timely manner. (5) Within five (5) business days of the Council’s receipt of the confirmation packet, the Council President shall propose a confirmation schedule to the Mayor that may include, but is not limited to, the following events prior to formal consideration of the confirmation request at a Regular Session meeting: individual or group interviews of the appointee; a public input process or a Work Session discussion. As time is generally of the essence, City Council should strive to complete the confirmation at its next Regular Session meeting, if at all possible. Regardless, the proposed confirmation schedule shall ensure the confirmation process concludes no more than ninety (90) days following the date of the receipt of the confirmation packet. (6) The Mayor may request changes to the Council President’s proposed confirmation schedule to meet administrative or operational needs of the City. To the extent possible, the Council President should accommodate the Mayor’s request and modify the proposed confirmation schedule accordingly. When final, the Council President shall distribute the confirmation schedule to the Council and coordinate the confirmation events set forth in the confirmation schedule. (d) Council Action. (1) Events of Confirmation Prior to Formal Consideration. a. Councilmembers shall review and be familiar with the information contained in the confirmation packet. b. If the confirmations schedule includes individual or group interviews of the appointee, Councilmembers shall make every effort to meet with the appointee in person. If a Councilmember is unable to meet with the appointee in person, the Councilmember shall make arrangements to speak with the appointee individually by telephone. (2) Formal Consideration of the Confirmation Request. a. Confirmation shall be considered at a Regular Session or a Special Session meeting of the Council. b. The Mayor or the Mayor’s representative may make a presentation and request confirmation of the appointee. The appointee, if present, may address the Council. The Council may inquire into the appointee’s academic credentials, training and experience, and qualifications or ability to perform the essential functions for the position for which the confirmation is sought. The public shall be given an opportunity to speak about the appointee’s education, training, experience, and any other matters relevant to the appointee’s qualifications or ability to fulfill the duties of the position. The Council President shall preserve decorum and cause to be removed any citizen whose comments are not related to the appointee’s qualifications or ability to fulfill the duties of the position. c. Councilmembers, the Mayor, the Mayor’s representative, or the appointee may request postponement of the confirmation so long as ninety (90) days have not elapsed since the Confirmation Packet was delivered. The Council President shall state the purpose of the postponement and the date on which the confirmation will be taken up again. The request to postpone shall be considered by the City Council at its next available Regular Session meeting. d. All appointees shall be confirmed by the passage of a resolution receiving a concurring vote of a majority of the members of the full City Council. The appointee’s confirmation resolution shall set forth the name of the appointee, the position to be held by the appointee, the appointee’s salary and any other terms of the appointee’s service the Mayor wishes to include. e. Failure to commence the confirmation process within thirty (30) days of the receipt of the Confirmation Packet, or to complete the confirmation process within ninety (90) days of the receipt of the Confirmation Packet, shall be deemed a de confirmation pursuant to the terms of the City Charter facto Section 4-4. f. Suspension of this Rule. 1. For good cause shown, the Council President may suspend any procedural elements of this Rule at a Councilmember’s or the Mayor’s request. Good cause may include, but shall not be limited to, issues related to an appointee’s current employment situation. The President shall notify each Councilmember of a decision to suspend any element of this Rule, and shall identify the element suspended and the reason for suspension. Any Councilmember may object to the President’s decision to suspend any element of this Rule by sending written notice to the whole of Council, listing the Councilmember’s objection to the element of this Rule that was suspended and grounds for the Councilmember’s objection. The Council President may reverse his or her decision to suspend an element of this Rule based upon the objection, or if the decision to suspend is not reversed, shall bring the objection to City Council for its consideration at the next available Regular Session meeting. 2. Under no circumstances may the Council President suspend the deadlines within which the Council must act to confirm the application or any provision of the Colorado Open Meetings Law (“OML”). f. In accord with CORA and the OML, the following procedures shall be followed. 1. Councilmembers shall keep confidential any information in the confirmation packet that is not subject to public disclosure pursuant to CORA. 2. If the confirmation schedule calls for interviews of the appointee, all interviews involving more than two (2) Councilmembers shall be noticed in compliance with the OML. 3. If the confirmation schedule calls for a public input meeting outside a scheduled Work Session or Regular Session meeting, notice of the public input meeting shall be noticed in compliance with the OML. 4. “Confirmation” shall be included in the agenda information included in any OML notice for appointee interviews involving more than two (2) Councilmembers, a public input meeting, a City Council Work Session meeting, or a City Council Regular Session meeting. SECTION 2. The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Ordinance to implement the policies and procedures described herein. SECTION 3. This Ordinance shall become effective on the date on which the Mayor takes office. INTRODUCED: May 29, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: June 11, 2018