HomeMy WebLinkAboutRexburg Council 2118-5702. Punishment for misuse of funds. Stealing less than $300: Not in charge of money -$1000 fine 1yr in jail. In charge of money – felony, $5000 and 5yrs. More than $300: felony
punishable by a fine up to $10,000, or by imprisonment in the state prison for not less than one (1) year nor more than fourteen (14) years, or by both. And repay including retirement!
Thanks for your time & attention! Please don’t hesitate to call ICRMP if you have questions. * * “ ” “ ” Mayor/Council/Staff Ways to stay out of trouble! Jim McNall ICRMP – Risk Management
Specialist Understanding Roles & Responsibilities Executive Branch: The mayor is the chief administrative officer of the city. Supervises city employees. Presides over city council
meetings. May call special council meetings, require accounts/reports from officers, & carry out police powers established by ordinance or state law. May break tie votes of council and
veto ordinances (veto subject to council override). Role of the Mayor Directs employees – (dept. heads?) Determines priorities, subject to council budget priorities Co-ordinates administrative
functions Make personnel decisions – exceptions: Appointed positions - shared with the Council Library employees – director and trustees Appointed Officers Three appointed officers
are legally required for each city: Clerk Treasurer Attorney The city council may designate additional appointed officers by official action – (not by tradition). Appointment and Removal
Appointment process Mayor appoints an individual, must have majority confirmation by the full council. Removal of Appointed Officers: Removal by the mayor, which must be confirmed by
a majority of the full council. Removal by the council, which must be by unanimous vote of the full council. Understanding Roles & Responsibilities Legislative Branch: The council
is the legislative body of the city. Powers are when acting as a body in a meeting. Passes local laws (ordinances) that must not conflict with state or federal law or Constitutional
provisions. Adopts policies for the operation of the City. Approves annual budget & property tax levy. Approves payment of city bills. Approval of appointed positions. Personnel
Management Role of the Governing Board Adopt a personnel policy and keep updated. Adopt other policies such as: Use of vehicles. Purchasing – who, when, how much. Computer policy to
include internet, e-mail and use of social media. Adopt the budget to include salary/wage rates. Share concerns regarding employee performance or behavior with the Supervisor or the
Mayor. Municipal Budgeting & Finance Council Role in Fiscal Oversight The Council’s role in fiscal oversight is very important, and includes the following elements: Approval of bills.
Ensuring appropriate internal accounting controls. Providing for the audit of city finances. Reviewing the monthly Treasurer’s report. What Not To Do Roles & Responsibilities Authority
of individual council members. The council sets policy and exercises its authority as a single body, operating in public meetings preceded by notice. An individual governing board member
has no authority to supervise, discipline or fire employees. COMMUNICATION Staff is critical to avoid meeting violations. Mayor – day to day with staff, periodically to council Council
– check in with dept. heads, resist directing staff, ok to talk with staff - but - direct them to Mayor or Dept. Best to have reports at meetings from Dept. heads. Avoid “reply all”
type communication for council When in doubt consult with the City Attorney Avoid the perception of a serial meeting Council Communication When can/can’t public provide input to EOs?
Staff/Council interactions? Roles with outside agencies, committees, etc? Speaking for the City? Emergencies? Land use and licensing – primary topics Due process is imperative Comments
should come during hearing – no ex parte contact Create a record Explain effective participation methods Describe roles of participants Quasi-judicial Hearings Governing Board Decisions
A valid decision is: Made at a posted meeting with quorum present On the agenda as “action item” Motion made and affirmative vote In the minutes A decision is not: “Polling the board”
Gathering signatures Made without an agenda topic Meeting Roles - Staff Prepare and disseminate information Take minutes Record??? Answer questions May provide regular reports on
your area Role of the Mayor Conducts the meeting. Controls public input when it is allowed. Ideally: Keeps the discussion to the agenda item. Prohibits personal attacks and discussions
of issues not before the Council. Conduct of Meetings Agenda – who sets? Is the topic – not the person. May indicate when public input is appropriate. Usually general policy decisions.
Allow (encourage) participants to discuss. Motions – need to be succinct, clear, comprehensive. Voting? Order of business? Advisory Boards/Committees Have a clear understanding of
their role Subject to open meeting, public records and conflict statutes Staff – their own, shared, or volunteer – best not to be a member, hard to staff and participate. Training –
this is not just common sense! Members selected who can play well with others Access to legal counsel Ethics and Conflict of Interest Ethical Breaches Harassment by co-workers/supervisors
Public records release without authority Open meeting violations. Failure to follow bid/public works statutes Inappropriate relationships with employees/inmates/co-workers Ethical
Breaches (cont.) Failure to disclose and step down when necessary in conflict situations. Misuse of public funds – embezzlement and other less obvious issues: Use of public gas/cards
Overstatement of expenses Presenteeism ETHICS/CONFLICT OF INTEREST Idaho Ethics in Government Act—Idaho Code Title 74 Ch. 4 What is a conflict of interest? Any official action, decision
or recommendation by a public official (elected, appointed or staff), which would be to the private financial benefit of the individual or a member of their household, or a business
with which the person or a member of their household is associated. ETHICS/CONFLICT OF INTEREST Prohibition on Contracts with Officers Idaho Code 74-501 “Members of the legislature,
state, county, city, district and precinct officers, must not be interested in any contract made by them in their official capacity, or by any body or board of which they are members.”
CRIMINAL ACTIONS Bribery & Corrupt Influence Act—Idaho Code Title 18, Chapter 13 Prohibited Acts Bribery, Threats & Improper Influence Compensation/Retaliation for Past Actions Compensating
Public Servants Buying/Selling Political Endorsement or Influence Using city funds or property for economic benefit without specific authorization from the city. Using or disclosing
confidential information for economic benefit. No defense: Not in office yet, or lacked jurisdiction. Employing Relatives {I.C. 18-1359 } No public official may: (1)(e) Appoint or
vote for the appointment of any person related to him by blood or marriage within the second degree, to any clerkship, office, position, employment or duty, when the salary, wages, pay
or compensation of such appointee is to be paid out of public funds ---- (Specific for Mayor and Council) If a relative holds a position when the official is elected, that relative
retains his/her position and continues getting general and merit pay increases, bonuses and promotions just like all other employees. I.C. § 18-1359(5) Just don’t treat the relative
preferentially! Employing Relatives ….continued CRIMINAL ACTIONS Bribery & Corrupt Influence Act—Idaho Code Title 18, Chapter 13 Penalties for Violation Any public servant violating
the Bribery & Corrupt Influence Act is guilty of a misdemeanor and may be punished by a fine up to $1,000 and incarceration in the county jail for up to 1 year, or both. Participation
forbidden if economic conflict of interest. Disclosure of conflicts is mandated. Participation means serving as a decision maker or taking part in deliberations. Board members can speak
as citizens as long as they do not participate. Knowing violation is misdemeanor crime Conflict of Interest Prohibitions P&Z Idaho Code §67-6506 “ ” “ ” * *