Following is a response to a message sent by CAC member Frank Burdick, asking about City procedures for forming/vetting CACs. Please note that Abigail Elias will be sending a separate response in regard to the questions of indemnification of the CAC members.

Mr. Burdick, thank you for your email dated 13 Jan 14 regarding “CAC SSWWE, Lack of Council – Mayor approved CAC appointments.” The City has carefully considered your email and responds as follows:

1.  Your assertion that “City procedure requires that CAC members be properly vetted and approved by Council” is not correct.

Committees and advisory groups for the City are established in one of three ways:

1.     By Ordinance Authorization: Chapter 8 of the City Code, Organization of Boards and Commissions, establishes various boards and commissions of the City, such as the Planning Commission, Historic District Commission, and the Environmental Commission, including how members of these boards and commissions are appointed, and how they can create their own advisory committees. Chapter 8 does not govern the creation or appointment of task forces or citizen advisory committees outside of these boards and commissions. Chapter 8 also does not prohibit or preclude the creation or appointment of task forces or citizen advisory committees in a manner different from how boards and commissions are created and appointed.

2.     By Council Resolution: A Council task force is established by Council Resolution. The resolution would specify the purpose of the task force, the requirements for appointment and how the appointments would happen, typically either through resolution or by the Mayor.  Recent examples of Council task forces include the North Main-Huron River Corridor Vision Task Force and the Pedestrian Safety and Access Task Force.

3.     As Part of Project Effort/Work Plan: Over the past several years, the City has recognized the value and benefit added to projects, plans and programs by the use of community engagement, including the utilization of various advisory groups, such as advisory committees, focus groups, one-on-one interviews, resource persons and the community at-large through public meetings.  These advisory groups are established by the City staff and/or project consultants.  These project-established advisory groups have been utilized for several projects, recently including the Urban & Community Forest Management Plan and the Springwater Subdivision Improvements Project.

In the case of the Sanitary Sewer Wet Weather Evaluation project, the establishment of the citizens advisory committee falls under third category described above.  The cover memo for the council resolution approving the professional services agreement with OHM to perform the Sanitary Sewer System Flow Monitoring and Wet Weather Evaluation Project (Resolution R-13-035) noted that the scope of work to be performed by OHM included performing "extensive public engagement through the entire project, including a citizen advisory committee..." As the resolution itself notes that OHM "has submitted to the City a proposal for the necessary services to be performed by said firm and the payments to be made by the City therefore, all of which are agreeable to the City;", and there are no conditions or requirements for the CAC included in the resolution.  Thus, the establishment of the CAC for this project is a project task to be performed, managed and completed by the consultant team.

So, yes the current CAC is fully sanctioned by the City.

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Original message from Mr. Burdick:

Please add the following questions to the Basecamp Log and provide a response not later than 15Jan14. This is critical to my continued involvement in this CAC,

As discussed during the Public Commentary section of the 9Jan14 CAC meeting, City procedure requires that CAC members be properly vetted and approved by Council and the Mayor. 

Given the complexities of the SSWWE CAC issues and the intertwining impact with the other ongoing studies, this CAC requires technical expertise from Professionals in the field. 

The City Attorney's office has stated that CAC members are part of the City government during their service and will be represented by the City in any potential legal proceeding.  

Given that the City procedure as noted above and as required by the City Clerk's office was not followed for this CAC:

 

1, Is the current CAC fully sanctioned by the City in all Legal, Technical, and Governmental juristictions or interpretations?

2. What formal assurance or Hold Harmless agreement can the City provide to the CAC members for legal protection from potential litigation or future judgements?  

In addition to adding all of the above to the BaseCamp site, please send your response with this email to all CAC members. 

Thanks

Frank Burdick