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City attorney reviews council rules, consent-agenda practice and leads FOIA training
Summary
The city attorney reviewed meeting rules and recommended aligning written procedures with practice (e.g., pull-from-consent timing), discussed possible rule changes on second-reading defaults and settlement authority, and led required FOIA training emphasizing the five-business-day response window and that public-business communications on private devices can be public records.
The city attorney (presenting at the retreat) reviewed the structure and staffing of the legal office and walked council through rules of procedure that govern agendas, consent items, motions and closed sessions. He flagged several places where current practice differs from written rules and recommended aligning rules with council practice so staff and the public have clearer expectations.
Council agreed to a procedural change to the consent agenda practice: if an item is pulled from consent it will be considered immediately after the consent vote (staff to draft the rule change). The attorney also led a discussion about first- and second-reading defaults: options discussed included keeping the existing two-reading default, expanding the set of items eligible to be waived by supermajority, and clarifying staff processes to reduce confusion about when two readings are required.
On settlements and legal authority, the attorney recommended raising delegated settlement authority (examples discussed: $25,000 for the city attorney, $50,000 for combined manager/city attorney authorization) paired with required reporting to council. Several council members supported increasing limits with a clear reporting requirement back to council.
The session concluded with FOIA training. The attorney emphasized that requests can be verbal or written and that the clock for a response starts when a valid request is received; records are defined by content, not location, so city business conducted on personal devices may be subject to disclosure. He warned that exemptions are applied narrowly, redactions are preferred where only part of a record is exempt, and willful violations can carry fines and attorney-fee exposure. "Passion belongs in public meetings; chaos does not," he told the council while discussing decorum and the presiding officer's responsibility to preserve orderly proceedings.
The city attorney said he will prepare proposed rule edits (consent timing, reading defaults, and settlement authority) for council consideration and that staff will retrain on the agreed practices. The FOIA guidance and a list of follow-up technical answers will be posted with the retreat materials.
