The Britton City Council met Monday night, approving a new code of conduct for elected officials and discussing several city projects.
Council members approved the second reading of Ordinance No. 627, which establishes a code of conduct for elected officials. The ordinance outlines expectations for professionalism, ethics, civility and transparency in city business, along with adherence to state law.
The code includes standards addressing conflicts of interest, confidentiality, respect for fellow officials and staff, appropriate conduct during meetings and the respective roles of the City Council and mayor. It also outlines potential sanctions for violations, including private reprimands, public censure and, in certain circumstances, expulsion of a council member following investigation and due process. (See below for the full ordinance).
North Marshall Fire Chief Nate Dinger addressed the council to request permission for the department to conduct a training burn in a ditch area located about a mile west and then south of town. The site includes a pond created during Highway 10 work that has since filled with cattails. Dinger said burning the area would provide a training opportunity for the fire department. The council approved the request.
The council reviewed the city’s annual report, which summarizes the city’s expenditures and revenues. Several questions were raised about listed expenditures. Finance Officer Jacki Medhaug said she did not have all the answers and the council voted to table approval of the report until members can speak with former finance officer Jennifer Athey, who played a larger role in preparing the document.
Council members also discussed a proposed lease renewal for a T-Mobile cell tower. The original agreement, which began in 2018 at $700 per month, has gradually increased to $987 per month. The new proposal would automatically renew the lease for 25 years with a 3 percent annual increase. The council voted to table the agreement while they contact the company to discuss the possibility of a higher rate.
Acting Public Works Supervisor Cameron Gerken provided an update on the city’s water meter replacement project. Letters have been sent to residents asking them to schedule appointments to have their meters replaced. Gerken reported that 106 of the city’s 456 accounts have already scheduled appointments, which he described as a high response rate. The council also approved a $600 module to allow integration with existing city software for the project.
Representatives from ISG Engineering gave updates on infrastructure projects, including the main lift station project. Crews are currently checking frost depths, which are measuring between 20 and 24 inches in the ground. Work is expected to resume this week or next, with additional work planned at the lift station, including pump replacement and an extension of the force main.
In his public works report, Gerken said he is revising the city’s emergency discharge permit at the request of the Department of Natural Resources, though he noted the permit will remain largely unchanged.
The council approved a five-year warranty extension for the city’s loader, which is nearing the end of its current warranty.
Council members also approved the removal of trees at 911 Sixth St., owned by the Carlson family, at a quoted cost of $3,200, with the work to be completed by Sand Lake Trees.
Gerken also discussed upcoming needs at the city pool. One of the most significant issues is a sand filter that may need replacement. While the current filter is expected to last through the summer, Gerken said it is uncertain how long it will continue to function. A poly material replacement filter has been quoted at approximately $48,700, plus additional plumbing costs. The council plans to continue discussing pool needs at a future meeting.
Council members approved the purchase of 100 Shrine Circus tickets to be donated to local children.
At the close of the meeting, the council entered executive session to discuss personnel matters related to the assistant finance officer position. Due to budget constraints, the role has been changed from a full-time to a part-time position. The council agreed to interview four applicants for the part-time job.
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.
