Rochester Hills Legistar System

Diem Policy and suggested the following changes regarding the section that speaks of

the guideline list of meetings applicable for per diem compensation:

* Number 1 and number 3 should include ad-hoc committees for per diem

compensation because an extensive amount of work may be done at that committee

level and may require more than four (4) ad-hoc committee meetings.

* Number 4 should reflect that significant meetings are those held "in person" and are

attended for a substantial portion of the meeting; e.g. three-quarters (3/4) of the meeting

time. The goal is to better explain that a member cannot expect to be compensated for

being in attendance for five (5) or ten (10 minutes of the meeting.

The Committee questioned whether the Council attendance form should reflect the

Cemetery Committee as an ad-hoc Committee.

The Committee agreed that if a Council member has any question regarding per diem

compensation for a particular or unusual meeting, he/she is encouraged to seek input by

email or phone call to the Council President. This would help to foster good

communication between Council members.

The consensus of the Committee was to make the changes as discussed and forward a

Draft 3 to a future City Council meeting along with the other Council policy changes that

the AIS Committee is currently reviewing.

A motion was made by Verschueren, seconded by Rosen, that this matter be

Approved and Referred to the City Council Regular Meeting.

Whereas the Administration & Information Services (AIS) Committee, at the

request of City Council, has reviewed and discussed the changes to the City

Council Policy for Attendance/Per Diem Compensation, and

Resolved that the AIS Committee directs the Clerk's Office to fully incorporate the

changes below to create a Final Draft of the City Council Policy for

Attendance/Per Diem Compensation:

Council Attendance/Per Diem Compensation Policy

The City of Rochester Hills City Council members are compensated in the form of

an annual salary and per diem supplement as follows:

Base Annual Salary

Each year prior to Council's last meeting in June, the Administration &

Information Services Committee provides a recommendation to Council for the

amount of the following year's annual base salary for the Council President and

Council members.

Per Diem Supplement

Each year, prior to Council's last meeting in June, the Administration &

Information Services Committee provides a recommendation to Council for the

amount of the following year's per diem supplement; and the required meeting

attendance necessary (number of meetings) before the per diem compensation is

applicable.

Applicable Per Diem Meetings

Each year, prior to Council's last meeting in June, the Administration &

Information Services Committee recommendations to Council for a list of the

meetings applicable for receipt of the per diem compensation.

The following is a guideline list of meetings applicable for per diem

compensation:

· Meetings which Council members are formally appointed by Council as

Council's representative (excludes ad hoc Communication Committees).

1. Regularly scheduled and noticed meetings of all Committees (except ad-hoc

committees) and Independent Boards & Commissions to which members are

formally appointed by Council as Council's representative. (Does not include

Agenda setting meetings).

· Meetings which Council members are directed by Council/Council President

to attend for city business, on behalf of Council or an official representative of the

City.

2. Significant meetings that Council members are directed by Council or Council

President to attend for legislative or policy matters on behalf of the Council or as

an official representative of the City.

· Meetings (up to 4 per year) for the purpose of conducting additional business

related to a committee, board or commission to which Council members have

been formally appointed as Council's representative.

3. Significant meetings relating to legislative or policy matters of Council,

Committees (except ad-hoc committees), or Independent Boards & Commissions,

with prior approval of Council President or the Council if necessary, and

communicated to Council in advance (whenever possible).

4. In general, significant meetings are those which are held “in person” and last

longer than one (1) hour are attended for a substantial portion of the meeting; e.g.

three-quarters (3/4) of the meeting time.

All other meeting/functions attended by Council members are compensated as

part of Council's annual salary.

Further Resolved that the AIS Committee recommends that City Council adopts

the City Council Policy for Attendance/Per Diem Compensation as presented.

The motion carried by the following vote:

The Committee commenced discussion regarding Draft 1 and suggested the following

changes:

* Number 1 should reflect, "When official meetings/work sessions of Council are in

session, the use of cell phones and pagers for active communications are strictly

prohibited".

* Number 2b should reflect, "When official meetings of Council are in session, City

Council members will refrain from using all of the above communication

systems/devices in a manner that would violate the provisions of the Open Meetings

Act, 276, PA 1967."

The consensus of the Committee was to direct the Clerk's Office to make the changes

as discussed and prepare Draft 2 for a future City Council meeting. Other policy

changes that the AIS Committee is currently reviewing will also be taken to a future

Council meeting along with this recommended policy.

Whereas the Administration & Information Services (AIS) Committee has, at the

request of City Council, reviewed and discussed the changes to the City Council

Policy for Use of Electronic Communication Devices During City Council

Meetings, and

Resolved that the AIS Committee directs the Clerk's Office to fully incorporate the

changes below to create a Final Draft of the City Council Policy for Use of

Electronic Communication Devices During City Council Meetings:

Use of Electronic Communication Devices During City Council Meetings

A City Council Policy to set acceptable use standards for the City Council

members during City Council meetings for the following devices:

· Cell phones

· Pagers

· Electronic mail (email) systems

o Internal (Intranet)

o External (Internet)

· Internet Services

o Accessed via a City-provided Internet connection

· Other electronic communication devices

1. When official meetings/work sessions of Council are in session, the use of cell

phones and pagers for active communication is strictly prohibited.

2. Email, Internet and Other Electronic Communication Systems/Devices:

a. Access

During official meetings of Council, City Council members have access to all of

the above communication system/devices.

b. Use

When official meetings of Council are in session, City Council members will

refrain from using all of the above communication systems/devices in a manner

that would violate the provisions of the Open Meetings Act, 267, PA 1967.

3. Conduct for Use of Electronic Communication Devices:

Council will proscribe to and be subject to adhering to all administrative policies

of the City of Rochester Hills, as well as its own policy regarding the use of

electronic communication devices.

Further Resolved that the AIS Committee recommends that City Council adopts

the City Council Policy for Use of Electronic Communication Devices During City

Council Meetings as presented.

The motion carried by the following vote:

for at least one (1) year.

The Committee discussed the pros and cons that may result from making the suggested

change. The consensus was that no change was needed at this time because it may

lead to limiting circumstances for the Council body as a whole.

2. SUGGESTED CHANGE TO CITIZENS' RIGHTS - WRITTEN COMMUNICATION:

ARTICLE VIII, SECTION .06

Chairperson Holder opened the floor for discussion regarding the reading of residents'

letters into the record at Council meetings. She noted that the City of Troy adds letters

from residents to the meeting packets to eliminate being read at council meetings.

The Committee commenced discussion and noted the following concerns:

* Are emails considered letters or considered closer in nature to telephone calls.

* If letters are to be included in the meeting packet, there should be a specified "cut off"

date received for the packet.

* Reading letters from residents into the record could set a precedence for residents to

send letters lieu of attending Council meetings.

* If 50 letters are received on a certain topic, it would not be feasible to read all 50

letters into the record. The determination on which letters should be selected to read

would fall on Council.

* If a resident requests to speak at the podium and has three (3) or four (4) letters to

read into the record, he/she still only has three (3) minutes and they need to be mindful

of that rule.

The Committee offered the following suggestions:

* Compile a list the letters received for the meeting packet. The Council President

could read the list of letters as "communications received from Mr. or Mrs. So-and-So

regarding XYZ Subject matter", etc.

* All letter received by a specified cut-off date would be distributed by the Clerk's Office

and sent to City Council members as in the current process.

* The Public Comment section of the agenda is most likely for "oral, in person public

comments", rather than the reading of letters into the record.

* A sentence could be added to the Public Comment section of the agenda stating

something like, "Public Comments are intended to provide an opportunity for residents to

speak directly to the members of Council. Letters received by the Clerk's Office will be

distributed to the members of Council, but will not be read into the record". Or,

"Residents are urged to appear in person to share their public comments or they may

communicate with all members of Council, however, letters from residents will not be

read into the record".

* If a policy of not reading letters is adopted, Council members must be encouraged to

adhere to it.

The consensus of the Committee was to recommend that Council adopt a policy of not

reading letters into the record. If residents are passionate about a particular topic, they

will find a way to attend the meeting or find a representative to step to the microphone

on their behalf and speak for the three (3) minutes allowed.

Ms. Gowman exited at 5:45 PM.

PUBLIC HEARING NOTICES FOR PROPOSED CONSENT JUDGEMENTS (SEE

COUNCIL POLICY - LITIGATION / PUBLIC HEARING POLICY)

The Committee discussed the question should Public Hearing Notices for proposed

consent judgements be mailed to residents that they may affect.

Ms. Jane Leslie, City Clerk, provided information that included the following:

* Holding Public Hearings for proposed consent judgements is a Council policy.

* Public Hearing notices for proposed consent judgements are published in the

Eccentric newspaper, the City Hall Building, the City's cable stations and the Library ten

(10) days prior to the hearing date. The notices are not mailed to individual residents

that may be interested or affected by consent judgements.

* If the matter is related to Planning Commission or Zoning, then notices are mailed to

property owners within 300 feet of whatever is being proposed in accordance with the

Zoning Ordinance.

A concern was expressed regarding mailing notices to residents and the possibility of

the consent judgement information was either not received by the specified date or the

hearing date was moved due to reasons beyond the City's control. If that happened, it

would require additional notices to be mailed which may cause confusion to residents

and additional expense to the city.

Mr. Bob Grace, Director of MIS, informed the Committee that the City's Web site may

have the capability of creating a "list service" where residents can register to receive

email notifications on city topics. However, the "list service" is pending due to the need

for more information on how to define the way it sorts residents' requests, ie. every

agenda or certain public hearing notices, etc.

The Committee consensus was to continue discussion at the next AIS meeting.

Chairperson Holder explained that the idea was to create a committee that residents

and businesses could discuss issues that they felt were not adequately resolved or

explained by the City. At the same time, the Rochester Regional Chamber of

Commerce created an Economic Development Committee (EDC) that might be such an

avenue for residents and businesses.

However, after attending several Chamber meetings, Ms. Holder reported that the EDC

is pursuing the direction of how to better advertise the cities of Rochester and Rochester

Hills.

Ms. Holder informed the Committee that she will no longer be attending the EDC

meetings because there are two (2) City staff members who attend. She no longer feels

the need for the City to create a committee because there have been no real needs to

warrant it.

Ms. Pam Lee, Director of Human Resources (HR), provided information to begin

discussion for salary adjustments for 2007 for Directors, Council and Mayor. The salary

items must go forward to Council for action at the last regular Council meeting in June.

The discussion included the following:

* HR's main responsibility is for the actual employees which may not include Boards &

Commissions.

* The Director Salary Survey is reflective of 2005 along with updates based on

economic data and other communities anticipated adjustments. The attachments are

divided into documents relative to general adjustments, discretionary or bonus

performance, and equity adjustments for directors salaries.

* The Michigan Municipal League (MML) survey revealed that most communities are

looking at two percent (2%) adjustments, but this Council is encouraged to review other

considerations as well.

The Committee discussed the following:

* There are no performance requirements for each type of salary adjustment for

directors in place at this time.

* The cost of living index is one of the attachments to the general adjustment file.

* There was a wage study performed for 2001 to 2003.

* Due to economic factors, a two percent (2%) wage increase has been the

comparative standard for the last 2 or 3 years.

* It was suggested that performance requirements should be considered, ie. a growing

city may signal high performing directors versus a dying city which would not. Ms. Lee

cautioned that that would require a very sophisticated performance evaluation process

for directors of which the City does not have one.

* It was noted that most of the City departments are working with reduced staff due to a

hiring freeze for the last two (2) years.

* The Mayor makes the determination regarding non-union employees which usually

follows what directors have been granted and the results of union negotiations.

The Committee will continue discussion at the next AIS meeting.

Ms. Leslie, City Clerk, informed the Committee that there will be two (2) liquor license

applicants coming before Council: 1) Tom's Oyster Bar for a new license at the new

Papa Joe's Gourmet Market Place, and 2) Baez Enterprises for a transfer license from

Tuscanni Grill on Crooks Road to be called Taco Loco Cantina & Grill. Ms. Leslie

requested that the Committee consider holding a special AIS Committee meeting to

accommodate Baez Enterprises as they have requested to be operational by Cinco

deMayo (May 5th) and Tom's Oyster Bar.

The Committee consensus was to hold a Special AIS Meeting on Tuesday, March 21,

2006 at 5:00 PM for the applicants and to cancel the Regular Meeting of April 4, 2006.