Category Archives: Michelle Erpenbach

A lot of people lately have been asking if Stehly or I are going to file an ethics complaint against council chair Erpenbach for limiting public input. Stehly went as far as going to the Charter Revision Commission meeting to ask them about it (one more reason why these meetings need to be recorded);

Theresa Stehly wants to know what happens if a city councilor violates city ordinance.

For example, she says, what happens if a councilor got a letter from Project T.R.I.M., failed to trim his or her trees, so the city comes out and does it, charges $150, and said councilor never pays?

Stehly proposed this scenario during Thursday’s Charter Revision Commission meeting, and asked whether it would be grounds for an ethics violation.

City Attorney Dave Pfeifle told her city councilors are held to the same standards as other citizens, and failing to trim trees and not paying a fine would be similar to getting a speeding ticket or parking ticket.

“So there’s no recourse there?” Stehly asked.

“They’re treated the same as everyone else,” Pfeifle said.

“Shouldn’t they be held to a higher standard being they’re an elected official?” Stehly asked. “Could I file an ethics violation against someone for breaking city ordinance?”

Pfeifle said she could, but it’s doubtful that would be grounds for an ethics violation.

First, let me clear the air. While several people who were involved in the December 18 council meeting censorship debacle have thrown around the idea of an ethics complaint, we are mostly in agreement; even if Erpenbach was found guilty of an ethics violation, what would be the recourse? There wouldn’t be any, and the council could continue to limit public input. This is bigger then that. The council and council chair need to be STOPPED from ever doing this again. In other words, take the rule book out of their hands and make them follow the existing rules;

30.015 ADDRESSING THE COUNCIL; TIME LIMIT.

(c) Each person addressing the city council shall step up to the microphone in front of the rail, shall give his or her name in an audible tone of voice for the record, and unless further time is granted by the city council, shall be limited to five minutes.

Citizens must decide what will be done to accomplish this. There are MANY avenues we could follow, but one thing is clear, Erpenbach possibly violated city ordinance by limiting public input.

Not sure where it is going from here, but I will assure you, an ethics complaint is definately off the table. Stay tuned.

Since the December 18 council meeting, in which Erpenbach limited public testimony to 20 minutes for the snowgate advocates, I have been researching Roberts Rules, city ordinances, statutes, 1st Amendment rights and censorship. While some of my findings are not definitive, especially when it comes to public input,  some things do stand out. From all accounts city ordinance is very clear about the 5 minute testimonial rule, but is the council required to follow it?

You be the judge.

*Your feedback on this post will be essential in what I decide will be the next steps in preventing the council and mayor from limiting public testimony.

ADOPTION OF RULES

It is important to note that the current city council has never had an adoption of rules of order. In other words the parliamentary procedures they follow are standing rules of the past. Chapter 30.012 of city charter outlines this;

30.012 RULES OF ORDER.

Robert’s Rules of Order Newly Revised (latest edition) shall govern the proceedings of the council in all cases, unless they are in conflict with this subchapter.

LIMITING DEBATE of PEERS

There has been much talk about whether the council chair can limit the number of questions other councilors can ask during a public meeting. According to Roberts Rules she cannot unless by a two-thirds vote of the entire body;

The chairman cannot close debate unless by order of the assembly, which requires a two-thirds vote; nor can he prevent the making of legitimate motions by hurrying through the proceedings. If members are reasonably prompt in exercising their right to speak or make motions, the chair cannot prevent their doing so. If he has hurriedly taken and announced a vote while a member is rising to address the chair, the vote is null and void, and the member must be recognized. On the other hand the chairman should not permit the object of a meeting to be defeated by a few factious persons using parliamentary forms with the evident object of obstructing business. In such a case he should refuse to entertain the dilatory or frivolous motion, and, if an appeal is taken, he should entertain it, and, if sustained by a large majority he may afterwards refuse to entertain even an appeal made by the faction when evidently made merely to obstruct business. But the chair should never adopt such a course merely to expedite business, when the opposition is not factious. It is only justifiable when it is perfectly clear that the opposition is trying to obstruct business. [See Dilatory Motions, 40].

STATUTES

There are no real statutes in Roberts Rules for public testimony;

Some issues, such as budget approval or ordinance changes, require public hearings, according to statutes. But for regular, open meetings, municipalities are left to their own devices to make the meeting rules.

Rules can be good, Dreps said. They can keep meetings moving so everyone can get home before midnight. They can prevent municipal employees from getting dragged through the mud when they’re not there to defend themselves.

But public officials shouldn’t hide behind rules for convenience’s sake, he said.

“What can you say?” Dreps said. “Democracy is messy.”

Basically each governing body can determine their own set of rules, which the city council has done in their ordinances. According to Chapter 30.015 of city charter;

30.015 ADDRESSING THE COUNCIL; TIME LIMIT.

(a) During the public input portion at the start of a city council meeting, no person shall be permitted to speak on a topic that appears later in that meeting’s agenda if public input will be received when that agenda item is up for discussion.

(b) No person shall address the city council without first securing the permission of the mayor, or acting mayor, to do so.

(c) Each person addressing the city council shall step up to the microphone in front of the rail, shall give his or her name in an audible tone of voice for the record, and unless further time is granted by the city council, shall be limited to five minutes.

(d) All remarks shall be addressed to the city council as a body and not to any member thereof.

(e) No person, other than the city council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the city council without the permission of the mayor or acting mayor.

(f) No question shall be asked of a city council member except through the mayor or acting mayor.

(g) No person, except city council members, shall address the council after a motion is made and seconded unless requested by a city council member.

(1992 Code, § 2-16) (Ord. 50-95, passed 3-20-1995; Ord. 52-11, passed 7-11-2011; Ord. 24-12, passed 4-2-2012)

So, since the current city council has never had their own adoption of rules, wouldn’t this mean they should be following current city charter?

And according to the current city charter each person can only be limited to a 5 minute time period, unless they are being disruptive. So when Council Chair Erpenbach ‘concocted’ a new set of time restraints for public input before that input started, did she violate city ordinance?

Love to hear the city attorney weigh in on this one, and he just might get an opportunity to do so.