Council interaction with city employees to be restricted

By Dave Clark

Tuesday, Dec. 30, 2008 | 2:05 p.m.

The Boulder City Charter Commission unanimously recommended approval of a new section to the charter that would restrict the City Council's interaction with city employees.

The proposed amendments were debated Dec. 22 following direction from City Council to review that portion of the charter.

The proposed language stipulates that council members and the mayor shall not in any manner take part in the appointment or removal of employees in the administrative service of the city or any employees under the jurisdiction of the city manager.

It also states that, except for the purpose of inquiry, City Council members shall deal with the administrative service solely through the city manager. It additionally bars members from giving orders or directions to any subordinate of the city manager, both orally and in writing as well as publicly and privately.

The last section spells out the penalties, noting that anyone convicted of violating the rules would be guilty of a misdemeanor and be removed from the City Council or the mayorship.

The new language will move to the City Council, which will vote whether to place it on the ballot. Changes to the charter must be passed twice by voters to become effective.

Commission Chairman Vern Burk noted the Charter Commission had to straddle competing objectives in drafting the proposed rules.

"If City Council is to be a policy setter for the city, they need to have the ability to assess what is taking place to set policy," Burk said. "There's a line where they should be able to ask for and receive information."

Commissioner Mary Ann Wainwright noted the importance of council members receiving accurate information and initially favored the removal of the phrase in the charter "except for the purpose of inquiry" due to its perceived vagueness.

"If a person goes and gets whatever they ask for without going through a superior and it's incorrect, then there's the possibility of miscommunication," she said.

Commissioner Bill Cottrell said the issue does not arise 999 times out of 1,000.

"The point there is the council should have the right to get the information it needs to make decisions," he said.

Dave Clark can be reached at 990-2677 or [email protected].