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2 RESOLUTION NO. 9,302
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4 A RESOLUTION TO ADOPT A FORMAL POLICY
5 TO GOVERN RELATIONS BETWEEN THE BOARD
6 OF DIRECTORS AND THOSE PERSONS IN
7 CITY ADMINISTRATIVE POSITIONS; AND
8 FOR OTHER PURPOSES.
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10 WHEREAS, the City Manager and the Board of Directors have
11 discussed the appropriate relationship between elected members
12 of the Board of Directors and administrative staff of the City
13 on several occasions; and
14 Wes, at a retreat held on October 12, 1994, the Board
15 of Directors concurred in a policy drafted by the City Manager
16 to reflect a proper relationship between City staff and the
17 Board.
18 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
19 THS CITY OF LITTLE ROCK:
20 SECTION 1. Purpose. To set forth the basic guidelines
21 relative to the various contacts and working relations of the
22 Board of Directors and those in City Administrative positions,
23 and to ensure accountability.
24 SECTION 2. City Manager Contact. The Little Rock Board of
25 Directors holds the City Manager accountable for implementing
26 their policy decisions. The Manager is responsible for the day
27 to day operations of the City governmental organization, through
28 policy implementation, budget development, etc., because of
29 this, the Board should issue all orders and directives through
30 the Manager. Requests for service should be made to the Manager
31 and not individual Department Directors or other staff. This
32 will allow the Manager to properly assign requests, and also
33 monitor the responsiveness and effectiveness of each department.
34 Generally speaking, the Board should act as the policy making
35 entity, and the Manager should act as the administrative head of
36 the City.
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SECTION 3. Board of Directors' Role. (a) The high degree of
1 success enjoyed by the council- manager form of local government
2 is a direct result of a clear recognition by all officials
3 involved that the legislative and administrative functions of
4 government must operate within their respective spheres. To
5 facilitate this success, the members of the Board of Directors
6 and the City Manager shall observe the relationship and the
7 respective authority and responsibility of each entity.
8 (b) The City is constantly involved in negotiations on a
9 variety of subject matters, including labor negotiations with
10 employee organizations, leases, development issues, land
11 acquisitions, etc. The City Board's appropriate role is to
12 provide policy direction to the City staff. The Board, as a
13 body, and individual Board members do not conduct negotiations
14 nor should they intercede in negotiations, except in policy
15 making formats.
16 (c) It is recommended that members of the Board not
17 individually commit the City to positions without vote or
18 consent of the Board of Directors. It is inappropriate to make
19 commitments or promises that the whole Board may be unwilling to
20 deliver.
21 (d) The City Attorney, with the assistance of City staff as
22 needed, is responsible for preparation of all ordinances and
23 resolutions for Board consideration. The Board's primary concern
24 should be whether the legal document adequately conveys the
25 substance that the Board desires. The legal format and
26 particular wording is the responsibility of the City Attorney.
27 It is strongly recommended that requests for ordinances and
28 resolutions be made a minimum of two weeks in advance to ensure
29 a timely and efficient response. All completed ordinances and
30 resolutions should be made available to the City Manager at
31 least one week prior to the Board discussion to allow
32 appropriate departments adequate time to evaluate and report on
33 the effects of the ordinance or resolution.
34 (e) From time to time, conflicts will arise among members
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of the Board. It is the Board's responsibility to police and
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correct any internal problems. The Board should not expect the
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City Manager to do this for them.
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SECTION 4. DIRECT RELATIONS WITH THE BOARD OF DIRECTORS.
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(a) Members of the Board, the City Manager and all employees
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have a responsibility to maintain the delicate balance of
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relationships essential to the proper functioning of the
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council- manager form of government.
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(b) All Board members will receive the same information
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about a matter, particularly as it relates to business items for
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consideration, as a body. No member of the Board will receive
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different or special information that would put him or her at an
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advantage over the others.
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(c) At times, individual Board members may have more of an
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interest in some departmental functions than others. This should
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not give cause for the staff to show special deference to
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certain members of the Board. Every Board member is treated
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equally and no favoritism is to be demonstrated.
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(d) Individual Board members should not request non - routine
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information, actions, or both, from departmental employees.
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Inquiries for information, departmental policies, fee schedules,
etc., are considered routine information and do not fall into
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this administrative guideline. Special requests should be
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forwarded through the City Manager's office.
(e) Department Directors shall not lobby individual Board
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members for support of their projects, programs, budget
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requests, or other matters concerning their departments.
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Department Directors and City staff with the exception of the
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City Attorney, work for the City Manager and must present any
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requests on these items to the City Manager. Department
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proposals and programs must stand on their own merit as opposed
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to their success in lobbying and lining up Board votes.
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SECTION S. Requests for Information. To ensure
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accountability, consistency and accuracy of information .
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disseminated to Board Members, all requests for service must
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come through the City Manager's Office. By utilizing this
1 process, the Manager becomes accountable and can better manage
2 city operations through the chain of command. Whenever possible,
3 all requests for service from Board members should be in
4 writing. This process is not geared towards routine requests for
5 information, but towards non - routine requests for service.
6 Employees who are contacted by Board members are not obligated
7 to provide an immediate response. Employees who are
8 uncomfortable with an immediate response should politely decline
9 to answer at that time, and inform the Board member that a
10 supervisor will follow up as quickly as possible.
11 SECTION 6. Complaints from Citizens. (a) When citizens'
12 complaints are received by individual Board members, these
13 should be referred to staff for investigation and resolution.
14 The City provides a complaint referral system through the City
15 Manager's Office and dedicates staff to insuring that complaints
16 are investigated and corrective action taken. The majority of
17 complaints involve issues that must ultimately be addressed by
18 the staff. Personal Board involvement in enforcement that may
19 require the interpretation of ordinances and laws could subject
20 the Board to legal problems and potential conflict.
21 (b) The Board should not wait until Board meetings to bring
22 up citizen complaints. Complaints should be handled as quickly
23 and routinely as possible by proper referral to the staff. If a
24 citizen complaint is brought forth in the Board meeting, staff
25 should not be expected to immediately address the issue. Staff
26 must have time to completely research the complaint to make a
27 reasonable response. When complaints are submitted to the staff,
28 it should be done so in an objective manner, in order to review
29 all sides of the issue. If a Board member personally accompanies
30 a complainant to visit with a member of the staff, it is
31 important to notify the staff of the impending visit, in order
32 to avoid any surprises.
33 SECTION 7. Political Activity. (a) Staff participation in
34 political activity of Board members or those seeking the Board
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Office is a delicate issue. It must be understood that while the
City Manager cannot dictate to employees that they not
participate in political activity, it is clearly a guideline of
conduct that they not become involved in an individual Board
member's campaign for local office.
(b) Prohibition on use of City Logo. The use of the City
logo in any form of campaign activity is prohibited.
ADOPTED: December 20, 1994
APPROVED AS TO FORM:
CITY i
ATTORNEY
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