4.5 ERMUSR 05-14-2024Elk River
Municipal Utilities UTILITIES COMMISSION MEETING
TO:
FROM:
ERMU Commission
Tony Mauren — Governance & Communications Manager
MEETING DATE:
AGENDA ITEM NUMBER:
May 14, 2024
4.5
SUBJECT:
Commission Policy Review — G.2e — Commission Member Conduct
ACTION REQUESTED:
Approve recommended updates
BACKGROUND/DISCUSSION:
This month commissioners are reviewing policy G.2e — Commission Member Conduct to make
comments, ask questions, or recommend updates.
This policy establishes the expectations for ethical conduct and performance by ERMU
Commissioners.
Staff is recommending an update to the attendance portion of the policy, requiring
commissioners to remain in compliance with the City's commission attendance policy.
The new proposed language states, "Commission members are expected to be in compliance
with the City's commission attendance policy, participating in regular, special, and committee
meetings, either in person or electronically."
ATTACHMENTS:
• ERMU Policy— G.2e —Commission Member Conduct - Redlines
Page 1 of 1
146
Elk River
Municipal Utilities
COMMISSION POLICY
Section:
Governance
Category:
Governance Policies
Policy Reference:
Policy Title:
G.2e
Commission Member Conduct
PURPOSE:
With this policy, the Commission establishes its expectations for the ethical conduct and
performance of ERMU Commission members.
POLICY:
The ERMU Commission commits itself to ethical, diligent, businesslike, and lawful conduct,
including proper use of authority, performance of responsibilities, and appropriate good
behavior.
Consistent with this general statement:
1. Commission members are expected to be in compliance with the City's commission
attendance policy, participating in be pfesent, in per -son or- eleetroniea'� xra'�regulari-ate
speciallyealled, and meefings of the Commission, and any Commiss committees
meetings to whieh *h oa, either in person or electronically.
2. Commission members will properly prepare themselves to perform their assigned duties as
Commission officers and members, and for effective Commission deliberation, decision -
making, and representation in advance of all assigned meetings and other Commission -
approved and Commission -related activities.
3. Commission members must, at all times, represent the interests of ERMU and its
stakeholders. This accountability supersedes any conflicting loyalty such as advocacy to a
personal cause or interest groups, and membership on other Commissions or employment in
other organizations.
4. Commission members may not attempt to exercise individual authority over the organization
except as explicitly set forth in Commission policies.
Pagel of 3
147
ERMU Commission Policy — G.2e Commission Member Conduct
a. A Commission member's interactions with the General Manager or with staff must reflect
that there is no authority vested in individual Commission members except when
explicitly authorized by the Commission.
b. A Commission member's interactions with public, media or other entities must reflect the
preceding limitation and the inability of any Commission member to speak for the
Commission except to repeat explicitly stated Commission decisions or actions already
taken.
c. Commission members will not make individual judgments of the General Manager or
staff performance, except through the process established by the Commission's policy on
Annual Evaluation of the General Manager.
5. Individual Commission members will never lead the public, media or staff to have the belief
that the General Manager or any staff member is out of compliance with Delegation to
Management Policies unless the Commission has made a formal determination of non-
compliance.
6. Commission members will respect the confidentiality that is appropriate to issues and
information of a sensitive nature.
7. Commission members are bound by, and will comply with, all State Statutes regarding
conflicts of interest and Elk River City Code Sections 2-131 to 2-135.
8. In addition, Commission members will avoid any situation in which they stand to benefit
individually through financial gain or influence. If such situations cannot be avoided,
Commission members will disclose any known or potential conflicts, excuse themselves
from any meeting during those times when the matter causing the conflict or potential
conflict is under consideration, and abstain from any voting on the matter.
9. Depending on the circumstances, a Commission member may disclose any known or
potential conflict to the Commission Chair, the General Manager, or ERMU's Legal
Counsel. Legal Counsel will be available to advise the Commission, individually or
collectively, about potential conflicts. Generally, an individual Commission member will
first approach the Commission Chair or the General Manager about a potential conflict.
Legal Counsel is also available to advise individual Commissioners in confidence about
potential conflicts.
10. In support of ERMU's standards of high ethical conduct, Commission members WILL NOT:
a. Deceive, defraud, or mislead other ERMU Commission members, management, or staff
members or those with whom ERMU has business or other relationships.
b. Misrepresent ERMU in any negotiations, dealings, contracts, or agreements.
Page 2 of 3
148
ERMU Commission Policy — G.2e Commission Member Conduct
c. Divulge or release any information of a confidential or proprietary nature relating to
ERMU's purpose, mission, plans, business strategies, or operational databases
d. Use ERMU property, financial resources, or services of ERMU personnel for personal
benefit.
e. Obtain a personal advantage or benefit through the use of ERMU's name, either directly
or through relationships established by the General Manager, another Commission
member, or any staff member.
f. Accept individual gifts of any kind in connection with the Commission member's
relationship with ERMU.
g. Withhold their best efforts to perform their duties to acceptable standards.
h. Engage in unethical business practices of any type.
i. Violate any applicable laws or ordinances.
POLICY HISTORY:
Adopted May 9, 2017
Page 3 of 3
149