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The current Committee of the Whole structure was adopted in 2010 largely in response <br /> to a desire to be more transparent. Prior to that time, City Council did have standing <br /> committees. Experience with the committee of the whole structure has arguably resulted <br /> in less capacity for the Council to address and/or develop significant legislative and <br /> policy issues. It has not improved transparency, and may actually decrease it by having <br /> policy development and policy discussions outside of the public view. <br /> Council and Administration <br /> As noted, most items that come before the Council are of a routine nature such as <br /> contracts, bids, final plat approvals, etc. When a matter comes before the Council, the <br /> Council is typically expected to dispose of it in three weeks or less. However, under <br /> current procedures, more complex policy matters may not initially involve or engage the <br /> Council. There may be months of preliminary development of an issue without Council's <br /> involvement, and sometimes without Council's knowledge. For example, major policy <br /> issues (e.g. budget & SDAT, Streets Initiative implementation, real estate, downtown <br /> development, economic development, Xfinity Arena mgt, etc.) may not be fully vetted <br /> before City Council prior to the proposal of a legislative action - resolution or ordinance. <br /> Staff development of issues are not subject to the OPMA as are City Council meetings. <br /> Policy options may be discussed, and alternative courses of action dismissed or <br /> selected, without Council's knowledge or participation, or public involvement. In other <br /> cities this kind of less formal preliminary discussion and crafting/developing of policy <br /> options is done by council in committees or workshops, and the public can observe and <br /> participate at early stages. <br /> Often, the public is not aware of major policy issues until they surface on Council's <br /> agenda. As noted, the public has an expectation that Council has been engaged in the <br /> development of an issue before it comes forward in a public process as would be the <br /> case in other cities under a council committee structure or council/manager form of <br /> government. This places Council members, and the Council as a body, at a <br /> disadvantage as each individual Council Member attempts to get up to speed on the <br /> issue without communicating with each other (in deference to OPMA), and field <br /> questions from the public. <br /> Under current practices, Council has approximately two or three weeks to respond <br /> between introduction and scheduled action of a given item. Of course, Council can <br /> choose not to act, however major policy issues frequently carry a degree of controversy <br /> and critical time factors. Council may be placed in a difficult situation not having been <br /> fully engaged in the policy development process leading up to the proposal, and being <br /> presented with difficult policy choices which may include time sensitive options with <br /> significant risks and consequences. <br /> The OPMA <br /> Any procedures City Council may choose to conduct it's business must fully comply with <br /> OPMA. This act broadly defines an "Action" to include "...the transaction of the official <br /> business of a public agency by a governing body..." Council takes OPMA seriously, is <br /> 3 <br />