1968 339- 485 _ 1-8 to 4-15-1968

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370 Opinions of Council mei Thereafter, Councilman for change proposed in carrie4 on: roll call't voting yes, Councilmen nbers pro and con to proposed amendment were expressed. Keckley moved to accept recommendation of the Committee Item V as stated, seconded by Councilman Henderson, and )te,,.Councilmen Bury, Henderson, Keckley, and Mayor Herkner Granger, Petersen and Rosselli voting no. (MINUTE ORDER #68-27E) Item VI. Amendment to Section 27 to strengthen provision pro- hibiting Council interference with department heads appointed by City Manager. Councilman Bury stated this proposed change had been recommended by the Committee for purpose of strengthening position of City Manager in fulfilling the respon- sibilities of his position, more fully defining the authority accompanying his responsibility. Portion of Section was read reciting change proposed relating to City Manager's office and duties in that "no member of the Council shall attempt to influence any City officer or employee appointed by the City Manager or otherwise intervene in the exercise of the City Manager's supervision and control over the same." In reply to questioning if any existing or past problem had resulted in this amendment being proposed, Councilman Keckley advised he had proposed this amendment not because of any present or past situation, but because of the problems resulting in other cities where the individual Council members dealt directly with department heads, by-passing the Manager. Thorough discussion held concerning points involved in this proposal, effect if a Councilman inadvertently violated this provision and became subject to the penalty; questioning whether proposed change is too restrictive and if possible to reword; whether this proposal would infringe on normal procedures of Council members' relationship with City staff, etc. Councilman Bury explained no intent was implied to prevent normal communica- tion between Council and Staff, only to firm up what might be considered an abuse in the future where Council authority would be contrary to Council ad- ministrative policy. Discussion also continued as to a possible wording change which would not be so restrictive and allow leeway desired by Council, for seeking needed information from Department Heads or City employees. Councilman Henderson moved that word "unduly" be inserted following "to influence" in proposed amendment and the foregoing shall not prevent a Councilman from seeking information from any department head or employee, seconded by Council- man Keckley. City Manager, in response to questioning by Council as to his views on this proposed amendment, advised it was his understanding this amend- ment as proposed would simply insure and designate a chain of command from Council to City Manager, to Department Heads, and down through employees of City, and his only question on this point would be that wording might allow a Council tae �'• V JW :2 '6B