Alturas City Council
Special Meeting
City Hall Council Chambers
December 4, 2024 at 9:30 a.m.
Alturas City Council Mayor Paul Minchella called the special meeting to order at 9:31 a.m. at the City Council Chambers. Councilmembers present: Paul Minchella, Jennifer Engel, Duanna Knighton and Jodie Larranaga. Councilmembers absent: Brian Cox. Staff present: City Clerk Tacie Wheeler, City Treasurer Dorothy Long, Director of Public Works Warren Farnam. Public attending: 2.
Meeting called to order at 9:31 a.m. by Mayor Minchella.
All present joined together in the Pledge of Allegiance.
No comments were presented under Public Forum.
Director of Public Works Farnam states that we had an old policy from 2010, so we updated that. We looked at few other cities policies and used those to update our own.
Councilmember Engel clarifies that within # 3 on the 2nd page of the policy, the “City of Alturas Personnel Rules and Regulations NO. 20.01 is the same as the City’s Standard of Conduct Policy No. 20.01. She was unclear as it was referred to two things in the same paragraph.
Treasurer Long replies that it is the same thing. She can provide a full copy of that to Council at any time if they like.
Councilmember Engel also inquires about page 3, under ‘Complaints Against Councilmembers’ resulting in a different process than we just ended up with, or if it will follow the same thing with the same outside firm and asks about budgetary issues.
Treasurer Long states that civil rights violations require outside investigations. It can be the City Attorney who investigates that, or they can refer it to a neutral 3rd party, which is what happened with the last one.
Councilmember Engel says she doesn’t want to make it so restrictive, but wasn’t sure if we needed to address or add something in about being mindful of our budget.
Treasurer Long states that for these, we go through the RFP procedure, and the bids go to Council and Council chooses the most qualified or lowest bid.
Mayor Minchella asks if any of this conflict with anything they have in place now. In looking at it, he really likes this policy.
DPW Farnam says that it does not conflict with anything, it just gives you more tools.
Treasurer Long explains that it coexists with our City Policy and Rules and Regulations. It outlines what your roles and responsibilities are.
Clerk Wheeler states that Councilmember Cox also had some comments that he wanted to share. Since the internet and phones are down, he was unable to attend, but relayed those comments to Clerk Wheeler just before the meeting.
In short, he is strongly against this policy. He said councilmembers are not employees, they are representing the citizens and have a duty to the citizens. He listed several items individually in which he was against and thinks that it limits the ability and effectiveness of councilmembers. Specifically, items under ‘Responsibilities of Public Office’ #3, #5 and #6, ‘Council Relations with Staff’ #3, #4, #5, #6, #8 and #9, ‘Complaints and Policy Violations’ and ‘Council Actions’ items a and c. He feels it violates his First Amendment rights and creates a due process issue and sets the City up for liability while removing transparency. He says that this is Ludacris and establishes a methodology for cover up and conspiracy.
Councilmember Engel asks if it is standard to send resolutions for adoption of policies to the City Attorney prior to it coming to us.
Treasurer Long explains that that is standard practice and she did send this to the attorney asking him to look over it and advise. He did add a section where it talks about complaints and violations where it says warranted or required by law, he added the “or required by law.” Councilmember Engel feels that this gives council as a whole tools to understand and be clear what our lane is and what staff and department head lane is. It seems there has been gray areas, and I like parts of this because it explains what those roles are. This actually solves a lot of my questions that I’ve had. If the City Attorney has reviewed this, and we got most of it from other cities who also probably had their attorney’s look at it, I think it’s good.
Mayor Minchella agrees that it’s good for defining lanes.
MOTION by Councilmember Larranaga, SECONDED by Councilmember Engel to adopt Resolution #2024-45 adopting the Supplemental City Councilmember Ethics and Conduct Policy that will repeal the Council Code of ethics Policy adopted on Resolution #2010-03. ALL AYES.
Treasurer Long states that everyone received the letter from UPEC. This agenda item is specifically asking if you want to hear this at the Council level or if you want to go to the grievance procedure and follow that.
Councilmember Engel says that as it pertains to the boundaries that we have on this discussion, and the ethics policy, it states we have to ensure all due process have been met and she has slight concerns about deviating from a written policy. She feels we should follow the agreed upon procedure that exists in the UPEC MOU.
Councilmember Larranaga agrees.
Clerk Wheeler says that Councilmember Cox also had some comments about this agenda item.
He said in looking at the UPEC grievance policy, he could clearly see the difference of rights between employees and councilmembers. He said that this is retaliatory with him as a councilmember having brought forward issues of employee misconduct. He absolutely does not support either of these items.
MOTION by Councilmember Engel, SECONDED by Councilmember Larranaga to authorize Mayor Minchella to sign a response letter to send to UPEC stating that we will follow the UPEC grievance procedure.
With no further business to come before City Council, MOTION by Councilmember Engel, SECONDED by Councilmember Larranaga to adjourn the meeting and to return in regular session on Tuesday, December 17, 2024 at 2:00 pm, City Hall. ALL AYES
Respectfully,
Tacie Wheeler
Tacie Wheeler
City Clerk