The URL can be used to link to this page

Home My WebLink AboutITEM VIII-B-2 CITY OF AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Date: March 30, 2011 Resolution No. 4699 Department: Attachments: Budget Impact: Councik6 al ; Resolution No. 4699 Administrative Recommendation:` City Council adopt Resolution No. 4699. BackgroundSummary: After meeting on,March 8 and March 29, 2011 to discuss the conduct of Councilmember Haugen as it -relates to:the Council Rules of Procedure, the Council Operations Committee recommends the.City Council adopt Resolution No. 4699 censuring Councilmember,Haugen1or, violations of the Council Rules of Procedure. A0404-1 A3.6 Reviewed by,Council;& Committees: Reviewed by Departments & Divisions: 17-1 -Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O Airport. - ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board . ❑Public Works ❑ Legal ❑ Police ❑ 'Planning Comm. ❑ Other ❑ Public.Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember:' Wagner. Staff: Heid Meeting Dater April 4, 2011 Item Number: VI11.13.2 AUBumN * 1vMORE THAN YOU IMAGINED RESOLUTION NO. 4 6 9 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CENSURING COUNCILMEMBER VIRGINIA HAUGEN FOR FAILURE TO COMPLY WITH THE REQUIREMENTS OF THE CITY COUNCIL RULES OF PROCEDURE WHEREAS, the City Council has promulgated Rules of Procedure that direct processes for City Councils to address certain responsibilities dealing with both the City Council as a whole and with the City Councilmembers among themselves; and WHEREAS, City Council Rules of Procedure (ROP), Section 16.1, (G) (2) reads, in part, as follows: The Council Operations Committee shall evaluate and recommend to the whole City Council any actions, responses or sanctions for violations by Councilmembers of these Rules of Procedure, which recommendations shall be considered, voted and/or acted upon by the City Council in the normal course. WHEREAS, City Council ROP, Section 16.1 (G), (3), as amended by Resolution 4686, February 7, 2011, reads as follows: In cases of alleged misconduct or violations of the City Council Rules of Procedures (ROP), the person suspected of the alleged misconduct or violation of the ROP shall be afforded the opportunity to respond, which opportunity shall be given, with advance notice, in an open meeting of the Council Operations Committee (COC) prior to the COC making any recommendations regarding censure or reprimand or other disciplinary action. It is noted that the Council Operations Committee is not an "ethics committee" but rather it is a committee formed by the City Council on February 2, 2004 in order to conduct City Council business in the most efficient way possible. Nor do the Rules of Procedure address "ethical behavior," they are simply procedural rules. Resolution 4699 March 30, 2011 Page 1 of 5 WHEREAS, notwithstanding efforts to coach and counsel Virginia Haugen to comply with the Rules of Procedures of the City Council, Virginia Haugen has persisted in her failure to comply with those rules and procedures; and WHEREAS, below are references to ROP sections that may have been intentionally or inadvertently violated by Councilmember Haugen: Section 2, Council Meetings: Reference to RCW 42.30 regarding confidential executive sessions. Section 6.3, Councilmembers, Obligation to the Public Agency: Notwithstanding the right of Councilmembers to express their independent opinions and exercise their freedom of speech, Councilmembers should act in a way that reflects positively on the reputation of the City and of the community. Councilmembers shall also interact with other members of the City Council and City staff in ways that promote effective local Government. Section 6.4, Councilmembers: Councilmember are expected to participate in training offered by individuals, agencies, entities and organizations, including but not limited to the Association of Washington Cities and the State of Washington, so as to afford the Councilmembers the opportunity to better understand their roles as City Councilmembers. Section 15.5, Council Relations with Staff: Councilmember shall not attempt to change or interfere with the operating rules and practices of any City department. Section 17.4, Council Representation and Internal Communication: Councilmembers shall not knowingly communicate with an opposing party or with an opposing attorney in connection with any pending or threatened litigation in which the City is a party or in connection with any disputed claim involving the City without prior approval of the City Attorney, unless the Councilmember is individually a party to the litigation or is involved in the disputed claim separate from the Councilmember's role as a City official. Primarily, Councilmember Virginia Haugen's conduct relative to the Rules of Procedure of the City Council may increase the risk of higher litigation exposure and potential costs to the City. Resolution 4699 March 30, 2011 Page 2 of 5 The re-occurring theme, in the following instances of alleged misconduct, is that Councilmember, Haugen appears to believe that she should be able to make personal statements and contacts without those" statements and contacts being interpreted by others as being made in her role as a"Councilmember. However, in order to effectively do her job as a Councilmember, that is, to .act in the best interests of the citizens of Auburn, she should not make personal-statements and contacts that .damage those interests by increasing the risk"of higher litigation exposure and potential costs to the. City. Below are specific examples of Councilmember Haugen's conduct that have been of concern: (1) Councilmember Haugen testified without City authorization at a March 3, 2010, City of Kent Hearing Examiner hearing on the Verdana development, where the City of Auburn was involved in a lawsuit with "the developers, saying, according to the Kent Reporter newspaper: "This, development will .have -a significant impact environmentally, potentially -weakening the City's position- in the lawsuit. This issue-had been discussed by Council in executive "session several times, as early as November 2, 2009, so she'should have been aware of the sensitive legal nature of the Verdana project. While she did not purport to be stating a position of-the City Council, but rather her own personal opinion, her statements might be viewed by the others as reflecting her role as a Councilmember..As noted above, this is "a re-occurring theme of her conduct. (2) In 2010; according to Jeff Tate, City Development Services Manager, he received a call from Satpal Sohal, who had applied for permits to build a hotel in Auburn. Sohal said that he had received calls from several local : hotel operators who told Sohal that Councilmember Haugen had called one.of the local hotel operators to encourage that local "hotel operator to oppose Sohal's project. Resolutionf4699 " March 30, 2011 Page 3 of 5 (3) In 2010, Councilmember Haugen communicated with. a citizen who had complained to the City that: the 8th & 'R' Street NE project .would reduce the safety of her travel, implying that" this citizen might file a lawsuit, and Councilmember Haugen was encouraging of the citizen's complaint. (4) In 2010; Councilmember Haugen violated City Council executive session privileged communications with regard to waste collection contract negotiations in ways that were likely to interfere with or have potential litigation implications. (5) CouncilmemberHaugen has largely ignored mentoring by Deputy Mayor Singer with regard to. improving, her"Councilmember skills. through training opportunities and has refused to be certified in required emergency management training. (6) In 2009, Councilmember Haugen discussed, with a property-owner, the City's plans for use of his property for, street.improvements in the right-of=way at the corner of 8th Street NE and Harvey Road (M Street) undermining the City's real estate negotiations. NOW THEREFORE, THE .CITY COUNCIL FO .THE. CITY. OF. AUBURN, WASHINGTON HEREBY RESOLVES AS FOLLOWS: Section 1. That Virginia Haugen is,hereby censured for the violations of the Rules of Procedures identified herein above. Section 2. This Resolution shall,take effect upon the passage of this resolution. - Resolution 4699 March 30, 2011 Page 4 of 5 ADOPTED by the City Council this 4th day of April 2011. CITY OF AUBURN " Councilmember Councilmember Councilmember Councilmember Councilmember Councilmember Councilmember Resolution 4699 March 30, 2011 Page 5 of 5 1 ,