The Britton City Council met Monday night. One of the first items of business was filling the vacant Ward 1 council seat left open following the resignation of Jerome Marlow in December. Former council member Cristy Davidson was nominated to return to the position. The council voted unanimously to appoint Davidson, after which she took the oath of office.
The council also formally approved the hiring of Jacki Medhaug as the city’s new finance officer. Medhaug will be added to the city’s bank accounts and authorized to sign checks. Outgoing finance officer Jennifer Athey will continue working part time for a period to assist with training Medhaug in the role.
Council members discussed the possibility of hiring an assistant finance officer (Medhaug’s former position), weighing whether the position should be full time or part time. It was noted that without a full-time assistant, City Hall would not be staffed from 8 a.m. to 4:30 p.m. five days a week. A part-time position of fewer than 20 hours per week could save the city an estimated $25,000 annually.
Event Center Director Laken Werner said she is willing to help cover some City Hall duties as time allows, though she noted that would be more difficult during the summer when she also serves as pool manager. Both Werner and Medhaug indicated they believe a part-time assistant finance officer position could work. Medhaug will draft a job description for the council to review and approve at a future meeting.
The council approved the first reading of Ordinance No. 627, which establishes a code of conduct for elected officials. The code sets expectations for professionalism, ethics, civility, transparency and adherence to state law while conducting city business. The ordinance outlines standards related to conflicts of interest, confidentiality, respect for fellow officials and staff, appropriate conduct during meetings and the proper roles of the City Council and mayor. It also details a range of possible sanctions for violations of the code, including private reprimands, public censure and, in certain circumstances, expulsion of a council member, following investigation and due process by the City Council. (See below for the complete language of the Code of Conduct).
Council members also discussed the city’s lease agreement with T-Mobile for a cell tower. The current lease expires in May 2028, and negotiations must begin two years prior to expiration. T-Mobile currently pays the city $914 per month and has offered $987 per month under a new lease. The council will continue discussions of the lease in the future.
An update was provided on the city’s water meter replacement project, with financing expected to be finalized soon. Acting Public Works Supervisor Cameron Gerken reported that the original electrical estimate for the project was approximately $60,000. After contacting Efraimson Electric, the company provided a quote of $19,689, and the city plans to move forward with that. Water users will receive informational materials in the future regarding the meter changeouts.
Werner and Glacial Lakes Area Development Director Lindsey Kimber discussed a T-Mobile grant opportunity that would award $50,000 to 25 small towns to improve a community asset. Pool improvements were identified as a potential project, including replacement of aging sand filters. The council approved a motion to apply for the grant.
The council also approved a new special alcohol license requirement noting that the county sheriff must now sign off on such licenses. In addition, members approved a contract with the South Dakota Public Assurance Alliance, which provides the city’s liability insurance coverage.
Kimber gave an update on GLAD activities, noting that $700,000 in revolving loan funds has been distributed. She also announced that the Women Who Give fundraising event will be held in Britton this year and confirmed that a dentist will be coming to town. Kimber asked the council to continue its support of GLAD. The city has budgeted $21,000 for the organization this year, with funds expected to be distributed soon.
In other business, the council approved two special alcohol licenses for Snappers Dry Bean for upcoming events at the Britton Event Center. Athey also reminded council members that nominating petitions for council seats are available at City Hall and are due by March 24.
ORDINANCE NO. 627
AN ORDINANCE ADOPTING A CODE OF CONDUCT FOR ELECTED OFFICIALS
WHEREAS, the City Council of the City of Britton, South Dakota has deemed it in the City's best interest to adopt a code of conduct for elected officials;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRITTON, MARSHALL COUNTY, SOUTH DAKOTA to add Chapter 2.06 CODE OF CONDUCT FOR ELECTED OFFICIALS to Title 2 Administration and Personnel to read as follows:
2.06.010 Code of Conduct.
(1) Every elected municipal official shall exercise ordinary and reasonable care in the performance of his or her duties, exhibiting honesty and good faith, and using the care, skill, common sense, and informed judgment that a reasonably prudent person would use in a similar situation.
(2) Every elected municipal official is elected to a position of public frust toward the city, its taxpayers, residents, and employees. Thus, when conducting the business of the city, every elected municipal official must avoid and disclose all conflicts of interest and potential conflicts of interest, especially those potential conflicts of interest described in SDCL 6-1-1 and 6-1-2.
(3) Every elected municipal official shall maintain the confidentiality of all matters pertaining to the city in accordance with the South Dakota open meetings laws, executive session laws, and other related laws and regulations.
(4) Recognizing that honest differences of opinion are natural and healthy, every elected municipal official shall work with other elected officials in a spirit of harmony and cooperation and in the best interests of the city, in spite of differences that may arise during the resolution of issues before the Council. Every elected official shall respect and abide by the decisions of the Council and shall not undermine or diminish decisions reached by a majority of the Council.
(5) Every elected municipal official shall use civility and decorum in discussion and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and inforrnation are legitimate elements of democracy in action. However, this does not allow elected officials to make belligerent, personal, disrespectful, slanderous, threatening, abusive, or personally disparaging comments in public meetings or during individual encounters. No shouting or physical actions that could be construed as threatening or demeaning will be acceptable. If an elected official is personally offended by the remarks of another official, the offended elected official should make notes of the actual words used and call for a "point of personal privilege" that challenges the other elected official to justifr or apologize for the language used.
(6) It is the responsibility of the Mayor or, in the Mayor's absence, the elected official in charge of any public meeting, to keep the comments of elected officials on frack during public meetings. Elected officials should honor efforts by the Mayor, or other elected official in charge, to focus the discussion on current agenda items. If there is disagreement about the agenda or the Mayor's actions, those objections should be voiced professionally and with reason, following commonly recognized parliamentary procedures.
(7) Every elected municipal official shall confine his or her official efforts to those that apply to his or her office. Specifically, council members shall confine their actions in the form of policy making, ordinance enacting, authorizing action by city officers and employees, and evaluation; and the Mayor is the executive elected official who is to confine his or her actions to those of conducting meetings, executing decisions and agreements of the City Council, and overseeing the general adminisfration of the city's affairs through cooperation with and assistance to the City Finance Officer. Every elected municipal official shall recognize that it is his or her responsibility not to run the day-today affairs of the city, but to work collectively with all other elected officials in cooperation with the Finance Officer and Public Works Supervisor to ensure that the city is well run by the implementation of proper policies, procedures, and decision-making.
(8) Every elected municipal official shall recognize and adhere to the tenet that authority rests only with the City Council assembled in a meeting, and not with any individual elected official. Each elected official shall make no personal promise nor take any individual action which may compromise the City Council or the city. Each decision rendered by the City Council shall be reached after discussing all relevant aspects of the issue with the other elected officials in a meeting in compliance with the South Dakota open meetings laws in effect at the time of the meeting. Individual members of the City Council, outside of regularly constituted meetings of the City Council, shall have no authority to make decisions, to commit the Council to actions, to inquire into issues beyond those of which any member of the public may properly inquire, or to supervise or direct day-to-day city activities.
(9) Every elected municipal official shall strive to work collectively with the other elected officials to operate the city in the best interests of the city, its residents, its taxpayers, and its employees.
(10) Every elected municipal official shall uphold and enforce all applicable laws, rules, regulations, and court orders affecting the city, including the ordinances and policies of the city.
(11) Every elected municipal official shall refer all complaints through the proper "chain of command" within the city to determine if an informal and/or administrative solution can be obtained. In the event an informal and/or administrative solution is not obtained, then the issue may be brought before the City Council for resolution after consideration by any appropriate committee, but no individual elected official should otherwise become involved in the resolution of any matter that may thereafter come before the entire City Council for official action.
(12) Every elected municipal official shall respect and treat professionally all officers and employees of the city. No individual elected official shall pressure, threaten, or intimidate, directly or indirectly, any officer or employee, or any other elected official to do a certain thing or act a certain way. Elected officials must never express concerns about the performance of a city employee or officer in public, to an employee directly, or to the employee's supervisor. Comments about staff performance should only be made to the Mayor through private correspondence or conversation, or during executive session of a City Council meeting.
(12) Elected officials shall not seek to establish an attorney-client relationship with the City Attorney regarding city matters. The City Attorney represents the City and not individual members. Members who consult with the City Attorney on city matters cannot enjoy or establish an attorney-client relationship with the City Attorney. If individual elected officials have matters that they wish to be addressed by the City Attorney, they should address the items during a meeting of the City Council so that the entire City Council can determine whether the matters should be referred to the City Attorney.
(13) Every elected municipal official shall comply with this code of ethics. Failure to abide by this code of ethics is a breach of the public trust.
2.06.020 Sanctions.
(1) If an elected municipal official is accused of violating section 2.06.010, the City Council may investigate the allegation. If the investigation reveals a possible violation, the City Council may conduct a hearing in executive session after giving notice to the elected official accused of violating the code of ethics. If, after such hearing, the Council determines that a violation has occurred, the City Council shall have the authority to impose one of the following sanctions:
(a) With the concurrence of a majority of the City Council, to privately reprimand, in executive session, the elected official who violates section 2.06.010, in which case no official record of the matter will be kept;
(b) With the concurrence of a majority of the City Council, to privately reprimand, in executive session, the elected official who violates section 2.06.010, but to maintain an official written record of the matter;
(c) With the concurrence of a majority of the City Council, to issue a public censure, in open session following the hearing, to the elected official who violates the code of ethics, which shall be made a part of the minutes of the City Council; or
(d) With regard only to a member of the City Council, pursuant to SDCL 9-8-5, with the concurrence of two-thirds of the City Council, the City Council may expel the council member and declare a vacancy in that office. The City Council does not, however, have the statutory authority to expel the elected Mayor from office.
(2) In any case, if the City Council determines it to be appropriate, in addition to and apart from any one of the foregoing sanctions, the City Council shall have the authority to disavow by official resolution the improper acts or statements by an individual elected municipal official, the action to be taken in open session and placed upon the minutes of the City Council.
(3) The City Council recognizes that outside the scope of this section, removal of an elected municipal official may only be done for a reason provided by law, and only through such process as the law defines, including particularly cases of misfeasance or other applicable violations of South Dakota law.
