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City Council Minutes Page 2 <br /> Match 8,2010 <br /> Mayor Klinzing distributed a City Council Code of Conduct that she drafted. She indicated <br /> that she used codes from other cities and the League of Minnesota Cities'information as a <br /> guide. <br /> Councilmember Zerwas stated he has no interest in having a City Council Code of Conduct <br /> at this point. He added that if he were interested it would be in having a much shorter code <br /> than the one distributed. <br /> Councilmember Motin indicated he is not in favor of a formal code. He explained that he <br /> believes Councihnembers are already held to the standards outlined in the document and that <br /> a formal written code it not necessary. He stated that one example of where the code of <br /> conduct may have lapsed is with the Random Acts of Kindness campaign. He stated that it <br /> was a good program but he believes it made the Council look bad. He expressed concern that <br /> the campaign was promoted to the media before the City Council had discussed it. <br /> Mayor Klinzing explained the campaign was not a city-sponsored event and that the City <br /> Council was only asked to approve a proclamation of support. She added that the Council has <br /> been asked to approve proclamations from many community organizations. <br /> Councilmember Westgaard indicated that lie is not in favor of additional policy. He added <br /> that he agrees with Councilmember Motin that Councilrnembers are already held to unwritten <br /> rules similar to the Code of Conduct. <br /> Mayor Khrizing stated it is better to operate under written guidelines for liability reasons. <br /> Councilmember Motin indicated that from an attorney standpoint, the liability could increase <br /> if written rules are approved. <br /> Councilmember Gumphrey asked for an example of liability. Mayor Khrizing indicated one <br /> Councilmember attempting to directly supervise or ditect employees,without Council <br /> consent or direction,may create unintended legal liability for the Mayor or City Council <br /> members. Mayor Khrizing added that it is important for staff to be aware of this and <br /> understand that the Mayor or individual Council members should only be giving advice to <br /> employees. <br /> Councilmember Morin stated he does not believe a written Code of Conduct needs to be <br /> approved to make staff aware of that fact. <br /> Mayor Klinzing questioned if this is a governance model that the Council agrees with. <br /> Councilmember Motin indicated he agrees to the extent that the Council is governed by state <br /> statute. He added that once a Councilmember is elected he/she should be aware this is how <br /> they should act. Councilmember Gumphrey concurred. <br /> It was the consensus of the Council to not adopt a Code of Conduct at this tune.The <br /> Council discussed a board and commission Code of Conduct. Councilmember Zerwas stated <br /> he is not in favor of formal codes. He would like to review the board and commission <br /> handbook for new commissioners that is currently in place to see if it can be modified. Mayor <br /> Klinzing expressed interest in adding consequences for inappropriate actions to the board <br /> and commission information. Councilmember Motin asked that this information be discussed <br /> at the May worksession. <br /> Ms.Johnson noted that consequences for some board and commissions are governed by <br /> state statute.The Council asked staff to provide this information to them as well. <br /> i <br />