2016.05.10 CC Packet Combined - Laserfiche WebLink

Home Browse Search

5. Consider a Censure of Councilmember Bauman April 26, 2016 Page 9 of 13 1 5. Consider a Censure of Councilmember Bauman. Motion by Mayor Johnson, seconded by Councilmember Strub to direct staff to draft a Resolution that would Censure Councilmember Bauman. Mayor Johnson requested the Council consider a censure on Councilmember Bauman. She explained this was a not an easy decision but has come with a lot of thought. However, she believed the action was necessary. She requested the censure due to the fact Councilmember Bauman, unbeknownst to the rest of the Council, sought advice from the City Attorney for private political benefit. The evidence of her actions was discussed at the April 19th worksession meeting where Councilmember Bauman admitted to contacting the City Attorney on her own without the rest of the Council being aware of the request. She pointed out that the Council had made an ethical agreement that before contacting any City employee that all communication go through City Manager Lotter. She explained that City Manager Lotter would then be able to make contact with this employee and could report back to the City Council. At this same worksession meeting, Councilmember Bauman indicated she spoke freely with Cable Committee members regarding a decision made by the Council reporting the members were appalled. Mayor Johnson explained the City Attorney served the entire City Council. She commented when one member contacts the City Attorney seeking advice only that one member benefits. She believed Councilmember Bauman was acting on her own political endeavors and not in the best interest of the full City Council. She understood that Councilmember Bauman had the opinion she would be saving the City money in the long run by asking her questions. She discussed the involvement of both the City Attorney and the City Clerk in Councilmember Bauman's inquiries. She believed a full Council discussion should have been held regarding this topic. She explained that Councilmember Bauman had the opportunity to bring up the subject at a worksession meeting. Mayor Johnson stated in the event a petition is filed and challenged, the City Attorney has now conflicted himself out of representing the Council by virtue of previously advising Councilmember Bauman. She explained that Councilmember Bauman had put the City Attorney in an awkward position. She noted the City Attorney was not seated at the dais this evening. She reported the City would be hiring a new City Attorney - Mayor Johnson indicated because of the actions of Councilmember Bauman she recommended she be censured. She wanted to make the public well aware of the facts. She understood a petition would be coming to the City and knew this was a part of government However, she stated it was not within Councilmember Bauman's right to seek free legal advice from the City Attorney. She explained that Councilmember Bauman had referred to her on two occasions to be a dictator, but stated the facts were, she was following City policy. At this time, she asked for comments and discussion from the Council. Councilmember Bauman stated the truth of the situation was, after the election last fall, the Council decided to negate the whole election. The Council did this by passing an Ordinance that would move the City to even year elections which would lengthen the Mayoral term and would shorten the Council terms. She referred to State Statute 205.07, but believed the timing of the Ordinance was self-serving. She explained she was not self-serving but rather was working to serve the people. She believed it was wrong of the Council to change the term of the Mayor and Council after an election. She indicated three or four people on the Council supported this action, but she did not. She stated she would start a petition to allow the people of New Brighton to decide who sits on the Council and not three or four Councilmembers. She discussed her actions regarding the petition noting it had to be a certain size, certain font, and must have 10 signatures per page. She reported she led the charge on this petition and contacted the City Attorney to clarify the language that should be stated on the petition. She explained the City Clerk was simply responsible for reviewing the petition. Mayor Johnson asked Councilmember Bauman to speak to the fact that she contacted the City Attorney. Councilmember Bauman commented she was getting to that point. She reported she contacted the City