Council debates communication rules, Open Meetings risks and a code of conduct

Mayor Jacqueline Wells opened a work-session discussion on how communications should flow in the city-manager form of government, reminding new council members that operational direction to city employees should be routed through City Manager Tom Sarvey.

City Manager Tom Sarvey told council he typically responds to the entire council when an individual member raises an item with him, and he recommended that formal direction come from the mayor so staff can be sure a directive represents council's will. Sarvey encouraged members to place discussion items on the agenda when they seek policy direction rather than giving informal orders to individual employees.

City Attorney Penida cautioned that social gatherings and one‑on‑one meetings can create a rolling quorum risk under the Open Meetings Act if others are subsequently asked the same question, and she advised councilors to avoid asking colleagues how they will vote on a pending matter. Penida said an informal lunch between two members is not necessarily prohibited, but if a third or fourth councilor joins and discussion turns to city business, the gathering could become an unadvertised meeting.

The council discussed practical arrangements: scheduling regular one‑on‑ones with the city manager and city attorney for planned discussion, using email to alert staff of urgent items (and copying the full council where appropriate), and using work sessions and the planned strategic‑planning session as formal venues for policy discussion. Council members said they want staff to set boundaries when a single member attempts to demand action outside of a formal council directive.

Code-of-conduct proposal: Several council members supported creating a local code of conduct focused on decorum and interactions among councilors, staff and the public. Council member Lewin volunteered to draft language in coordination with the city attorney; a small ad‑hoc committee was proposed as an option. Council members emphasized the difference between state ethics statutes (which cover financial conflicts) and a conduct policy (which would govern interpersonal behavior and meeting decorum). There was no formal vote to adopt a code; council agreed to explore drafting a resolution or policy for future consideration.

Why it matters: Clear rules about how councilors communicate with staff and one another reduce the risk of Open Meetings violations, protect employees from improper direction and improve transparency for residents. The city attorney's guidance highlights that even informal conversations can become a public-meeting risk if they include a sufficient portion of the body and discuss city business.