Metropolitan Council - Regular Meeting

the charter vision committee. I detect a quorum. Thank you all for being here. No one has signed up for public comment. Any members of the public wishing to give public comment? Seeing none, um I doubt we're going to have a consent agenda today. So maybe we'll just go one by one. RS20261927, a resolution authorizing the interim director and special counsel of the Metro Council to make personnel decisions until a contracting successor is employed. Sponsors cap. Is there a motion? Second.

Second. So hearing a motion and a second. I'll recognize the sponsor. This is a piece of legislation that clarifies the interim the the the competency of the interim council director position to make subordinate personnel decisions until a uh contract is reached with a new special counsel. This was something that was clearly in the previous council special counsel's and director's contract. Um if there's some unclear about whether the interim who has uh absorbed and assumed all of those duties through no request of his own, this is a piece of legislation to clarify that he's got the ability to do that. Um any further discussion?

All in favor? I Oh, sorry. Was there further discussion? Oh, I was just saying I hope and the compensation I hope. All in favor? Hi. Who was on? Are you okay? Yeah. Okay. Um and against. Okay. Seeing none, next piece of legislation. Um will we re we recommend item number one by a vote of 1 2 3 4 5 7 8 to zero. Item number two BL seven. Seven.

Seven. Make that seven to zero. BL 20261355 um an ordinance amending section 2.04.030 of the Metropolitan Code of Laws relative to the Metropolitan Council Office sponsors Ellis. Uh is there a motion? So second properly moved and seconded. Miss Ellis.

Yeah. Thank you for recognizing me. Uh so I just wanted to make myself available in case you guys had any questions. Uh this legislation does a couple of things. The most important thing that it ask is the fundamental question of if any individual elected official acts outside of the authority of what the metro charter gives them, what is the check. And with that, I'll ask if anybody has any questions. Miss Gab, does it answer that question? It it it does. Okay. I was going to say it's a great question but

uh so so my legislation it gives independence to the director uh it uh makes the current metro code uh clear that states that no one individual elected official is in charge of the council office. Any further discussion? Yeah. Oh. assumes. Oh, well, I have a substitute that I would like to move if that's appropriate. Second. Um, substitute is moved and seconded. Any discussion on the substitute?

So, yes, chair. So, I think the the substitute gets at the same uh at the heart of what the original piece of legislation uh tries to do, uh which is uh basically providing some clarity um to the council office and and who directs what and who's in charge of what as well as putting the same protections in place for the employees that's in the original legislation. The difference is that the substitute clarifies the director and the special counsel as two separate roles that can be the same person which is basically maintains the status quo because the executive committee is actually currently working on what those roles look like. Should it be the same person? Should it be two different people and so the substitute will basically allow that work to continue. So maintaining the status quo, providing that clarity, protecting the employees in the office, and then allowing the executive committee to continue with the work it's already been doing.

Further discussion? Yes.

Yes. And I don't know if it's on the substitute or or the original. Um I I like the the fact that we're trying to uh make the description of who does what clear. I think it's it's much needed in any office for everybody to know what their roles are. I like the idea of separating the two position. I like the fact that it clarifies that the office staff does report to the director. I think all of that are in line. The part that I want someone to to explain to me though is that I've always thought that the um council office work for the council and the vice mayor is the president of the council. Yes, it is an elected position but so is the sheriff, so is the mayor, so is the uh assessor of property. All 40 member council cannot direct one staff. I understand the director working with all the staff. Everybody should report to the director. But I think who does the director reports to? Personally, I think it should be the vice mayor who is the president of the council. And so, uh, did the substitute address that? Because I know it's not in the other one. That's my only area of

So that's what they miss terms and

so that's what the executive committee is working on. So that that is not clear what the role of the vice mayor is. And so the executive committee is working on that while the executive committee works on that and bring something to the body for the body to decide. Uh the substitute maintains the status quo. It's always been a director manages the office. Everybody reports to the director. Director makes the decisions maintaining that status quo while the executive committee does its work because that that is not uh that is your interpretation. maybe others interpretation, but there's no consensus around that part. What you just said about the vice mayor being in charge of the the council office, and that's what we're working on is that executive committee. I don't think there's a consensus around it.

So, Chia, I guess what I'm saying is this. I I get that the director is in charge of the office and that the office staff reports to the director. I think that direction is clear and I think if if it's not I think it should be but who does the director report to and I think that's the part that I'm that I'm asking about and I think the director should reports to the vice I uh I see Miss Tunes Ellis Mr. Prepy Miss Weiner and then um can I rebut her first statement? I believe you were next re real quick in the substitute any personnel concerns with the director and our special counsel or interim director interim special counsel goes to the executive committee the executive committee reviews it

miss perfect and I have to respectfully disagree with the substitute the current status quo is not working for the office staff if you any of you have talked to anyone in the office staff that does not hold a title then you are doing yourselves a disservice. These people are working under conditions that they hate coming into. Secondly, allowing the executive committee uh to be responsible for deciding what roles and responsibilities are codifies what's currently ambiguity. Mr. Prepy and I think Miss Weiner.

Uh thank you, Mr. Chair. I I'm curious about the um work that the executive committee is doing currently um and either Chair Tombs or or or yourself um

sort of just what is the status of that work and do we anticipate a time frame of something coming before the full body um from the ex from the executive committee? Yes, I guess in some way I'm the liazison from the executive committee to this committee. So the executive committee is discussing what should the contract with the next um special counsel or council director look like.

Um that's not to say that the executive committee is going to decide that just in the same way that this issue is worked in committee here. That issue, at least in my view, is appropriate to the executive committee for the committee process, but the council as a whole has entered into every previous contract with the special counsel or council director and that would have to happen uh again this time. And so the status of that is it's really in the discussion phase. Uh those meetings are posted. We've kicked around a couple different models. we have um sort of like starting to gravitate toward a model where there's a sort of a separation between legal services and office functions, but we haven't voted on that. And in order for that to move forward, the executive committee has to sort of like look at a contract and start marking up a document. That would be just like any other ordinance or resolution that the council passes. There's been no language brought. We've sort of been at the conceptual level on that. um it's not moving super fast candidly um and I think we you know it's needed you know we should achieve some kind of permanence there that's my view but in terms of where it stands we are um we're sort of kicking it around we started to coales on that idea at the last meeting and then I don't even believe there's a future meeting scheduled but I I expect there will be one relatively soon so that's where that stands at the moment but that was only a direct answer to your question and then Miss then Mr. cash.

So, I don't know how many people read my council connect comment that I shared. Um, when I look at issues, and I'm going to take off my council hat for a minute, and I'm going to put on my business consultant hat because this is a typical issue that that you have in offices. It doesn't matter what you're doing, whether it's government or not. and the twoprong um uh direction

makes the most sense and frankly as long as I've been in council and that's been a minute um this is the way it's worked the best. There was a time when it was merged and early early on in my service and it was it was not as functional as it has been when the two have been clearly separated. um what I see here and I take out the personalities and I know I said that um I believe it makes sense for us to look at where there are holes. Let's wind the clock back to 2017 when I was sitting in as prom and uh Mayor Barry stepped down and then I moved into that role. Well, there were holes that we found then about the way that process worked and so charter committee decided rightfully so that we had to have a different process and it got fixed. So in any kind of business venture, in any type of engagement, if you see that there are issues brewing and you don't want it to escalate and you excuse me, you don't want to see anybody get hurt and that would be whether it's our staff, whether it's the vice mayor, whether it's our constituents, whether it's affecting our work, whatever it is, we need to look past all that and we need to look at how do we fix the problem. And for me, it seems that it makes the most sense not only to look at the role of the director and the role of our legal counsel, but to look at the role and the authority of the vice mayor and of our committees as well. Um, we've done a really good job of strengthening our committee structure and I fully believe that there are ways that we can even make that stronger. Um, one of the things that I've been toying with, and I haven't shared this, um, is let's potentially look at maybe, um, and

the council can by resolution create an ad hoc committee that is not appointed by any one person, but is elected by the body to look at the operation of the council and may be the de facto um, neutral body, if you will, that can maybe go in and bring somebody in that can mediate that can can help settle ruffled feathers and maybe set some SOPs that will help move this forward in a more calm calm way. That's the reason I signed on to this because I fully believe and shared this with council member Tombs is that this is a framework that yeah, we may want to tweak it, but I think it's a framework that moves us, the body, the vice mayor, our employees in the right direction because you don't ever want to spend as much time as these folks spend here. I mean, y'all, we spend a lot of time doing this, right? um if you're doing it under duress, if you're doing it in difficult situations and people's perception is their reality,

then we have to be mindful of that. That's our job because they work for the Metro Council body. So, thank you. And um I called on myself next time I saw Mr. Cash, Miss Ellis. Um I wanted to do that calling on yourself. That's a

well, you know, I got I got in the queue. I um I think there I went to look up the charter um about this and um there is some charter authority on this section 8.607 um it's in the sort of legal services section employment of special counsel uh provided for when the interests of the metropolitan council require legal counsel. The council by resolution may authorize the vice mayor to employ such legal counsel who shall be paid such compensation for his or her services as the council shall determine to be reasonable compensation and as the council shall by resolution approve etc. Um that says to me that the council is responsible and in charge of structuring the council office, delegating authority and giving broad direction to the work of the council office. But that daytoday the special counsel reports to the vice mayor. The special counsel is what that is the term that's used in the charter employ such legal counsel. So it says may authorize the vice mayor to employ such legal counsel. Um and then I think by implication subordinate members of the office staff. I think we've been using the term council of director as the head of the office, but really we probably should have been referring to that person as special counsel because that's what the charter sort of allows us to hire for. Now, there's of course office functions that can also, you know, work in the office and I think within the office, special counsel is pretty clearly provided for as being in charge of that office. But I think the charter is clear that dayto day special counsel reports to the vice mayor. Um so that gives me some misgiving about the um originally filed legislation. I think that probably runs a foul of the charter in terms of the provisions it gives uh

for that dayto-day supervision. I don't see that same issue being uh the case with the substitute. But I do think um I think it's important to sort of make sure that what's coming out of this committee comports with the charter. I have a question. So that's my view. Well, I had Mr. Cash, Miss Ellis, Wiener, Sara. So a couple of things. Uh I feel like there was something in that last executive committee meeting that we did vote on like there were the there were the kind of frameworks. There was a one, a two, a three, and within three there was an A and a B. And I feel like Yeah. You know what? We took a vote on one of those things to focus on.

You're right. Um when I said coales around I think we did did was our request to actually start drawing up language. I think the the proposal was sort of a special counsel with a subordinate uh director of the office who reported to the special counsel and you know so council interim director has corrected me. What was it that we had? Uh the executive committee had essentially coalesed around a model that had a direct a director chief of staff and a special counsel on equal terms. Both reporting directly to the vice mayor.

Both reporting directly to the vice mayor and the council. And I would note that the count that um the code makes clear that the metropolit the council office reports directly and solely to the metropolitan council. Thank you for that clarification. Um, so we may need to revisit that in executive committee and thank you for correcting my u misremembering of what we achieved there. I just remember taking a vote on something near the end and I I yeah I that helped clarify it.

Yeah, thank you. Um, also, so one of the things in the original legislation is like giving government operate, the government operations committee some authority to kind of some oversight and am I correct that that's not in the substitute? That's correct. Okay. Um, I mean, I think if we had some committee that had some oversight, that kind of makes sense, but I don't know that I I guess I could kind of like a little more clarity on like what you envisioned that committee doing like is like

um so I will say this um um I'm going to withdraw my bill disappointed especially Mr. cash with you being a second term member uh and also on the executive committee. Uh the thing that you don't remember that happened in the last executive committee is that a claim was made as to the age of the person uh that should be hired in the information role. Uh so you all actually discriminated against anyone um that would have been of you know age, an adult uh to actually apply for that job. two, I'm withdrawing my bill because I have spoken with each individual staff member in the council office and no one except for two people have spoken with them. So I would draw with saying that the most powerful person in Metro government is the seat of the vice mayor. Lucky is the person that wears the crown. So item two is withdrawn. I think that probably means the substitute is not before us.

Um I believe that concludes our agenda but let me check it. But cheer for and before you conclude um just I mean I know that this has been my understanding is that there is an essential something looking at council operations stuff that is also coming to the executive. That's what we're looking Is that what you guys are looking at?

Okay. And so I do think and I said this uh earlier on that I like the clarity. I like the delination. I like the separation of duties. I like the fact that everybody knows what everybody needs to do or does. I personally I'm glad the chatter confirm it. I just thought everybody goes to the director but that director goes to the vice mayor. That's the way that I think it should be. But I will wait on you guys to finish whatever you're doing and if you guys can make a brother recommendation and if we need to have more language for that clarity cuz obviously not everybody knows what everybody does. All right. So I think we still need to revisit it but we can take it off at this time. Yeah. Thank you. It sounds like we do need to do that. Um yes m

for everyone's clarity uh deliverables that have been sent to the council office from Accenture have are online and were sent upholder was sent a short portfol was sent to the entire body earlier today by the vice mayor if uh if anyone wants to look at what has been produced by the consultants with accenture they're welcome to do so I don't believe there's any further business before us so we are adjourned what was that Oh yeah.