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City Council Meeting Agenda Items

  • 1.  City Council Meeting Agenda Items

    Posted 03-11-2024 11:23

    All:

     

    I am City Attorney for Atkinson. The City Council's regularly scheduled meeting is this evening. One of the agenda items is a citizen who would like to address the Council regarding one of the Council's members. This gentleman is a neighbor of the Council member and claims to have been accosted by the Council member for pushing snow from his driveway onto the Council member's yard after a storm last month.

     

    The Council member has attempted to apologize but his calls have been ignored. He has expressed that he does not think this should be on the agenda because he did not identify himself as a Council member and it was strictly a dispute between private citizens.

     

    My City Clerk has asked for guidance as to how to handle the situation, as she does not believe she has the authority to tell someone they are not permitted to be on the agenda.

     

    In reviewing our City Code I do not see anything which would prohibit this gentleman from addressing the council and I think it would be a bad look to try to keep him from doing so. My guess is he is going to express disappointment that a council member would conduct himself in that way, even if not acting in his official capacity. I expect my advice to the Mayor and Council will be to let him speak his piece and move on to the next agenda item. But if anyone has other thoughts on how to handle, I would welcome the insight.

     

    Best regards,

     

    Michael Sholes

     

     

     



  • 2.  RE: City Council Meeting Agenda Items

    Posted 03-11-2024 11:43
    We would not allow this on the agenda. It is not City business, even then not every idea of a council member or citizen is placed on the agenda. Now the citizen can always bring up his issues during public forum. 


    Tobias J. Tempelmeyer

    City Administrator / General Manager

    City of Beatrice / Beatrice Board of Public Works

    400 Ella Street

    Beatrice, NE 68310

    Office - (402) 228-5200

    Fax - (402) 228-2312

    www.beatrice.ne.gov





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  • 3.  RE: City Council Meeting Agenda Items

    Posted 03-11-2024 11:46

    I would agree with Tobias... I advise my municipal clients that the agenda is for the Board/Council to set.  The Clerk (on behalf of the Chair) can most certainly decide what makes it on the agenda or not.

     

    It is a public forum, which I believe allows that individual to be present, but I disagree that you are under any obligation to place their item on the agenda.

     

    Sincerely,

     

    Drew A. Graham

    Associate Attorney

     

    Phone 402.694.5504 | Fax 402.362.5507

    Email dgraham@svehlalaw.net | Web www.svehlalawoffices.com

     

    Aurora 1223 M Street, Aurora, Nebraska 68818

    York 408 N Platte Avenue, Suite A, York, Nebraska 68467

     

     

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  • 4.  RE: City Council Meeting Agenda Items

    Posted 03-11-2024 11:48

    I agree with Tobias.  Public comment is the place for the public to express opinions about things not on the agenda.  However, there is no obligation to put something specifically on the agenda that a citizen requests, unless it is a formal application for a permit or something like that of course.

     

    - David


    David C. Levy
    Baird Holm LLP
    1700 Farnam Street
    Suite 1500
    Omaha, NE 68102-2068
    www.bairdholm.com
    402.636.8310 Direct Dial Phone
    402.213.9063 Cell Phone
    402.344.0588 Fax

    dlevy@bairdholm.com

    Admitted to practice in California, Iowa, Kansas and Nebraska



    This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

     

     

     






  • 5.  RE: City Council Meeting Agenda Items

    Posted 03-11-2024 11:51

    Why not have the council vote to move it off the agenda at the time of approving the agenda? It's their agenda. If you feel it necessary to keep on, just let him say his peace, say nothing and move on.

     

    Patrick J. Sullivan

    Adams & Sullivan, P.C., L.L.O.

    1246 Golden Gate Drive, Suite 1

    Papillion, NE 68046-2843

    (402) 339-9550 

     

    Areas of Practice: Business Transactions and Litigation • Estate Planning, Trust Administration & Probate • Real Estate Development and Transactions • Municipal and School Law • Labor and Employment Law • Divorce •  Workers' Compensation and Personal Injury • Insurance Litigation • Guardianships and Conservatorships 

     

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  • 6.  RE: City Council Meeting Agenda Items

    Posted 03-11-2024 11:45

    I think the citizen has the right to be on the Agenda, I anticipate under public forum or wherever on the Agenda the item has been placed.  Whatever you have in place for the time limit for addressing the Council should apply.  One of those uncomfortable matters, but within the rights of the citizen.

     

    Michael J. McQuillan, JD, LL.M.

    McQuillan & Wendell, P.C., L.L.O.

    201 East 2nd Street, Suite B

    PO Box 478

    Ogallala, NE  69153

    (308)284-4058

    (308)284-6420 (fax)

    mjmcquillan@mcquillanlaw.com

     

    Admitted in Nebraska, Colorado and Arizona

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  • 7.  RE: City Council Meeting Agenda Items

    Posted 03-11-2024 12:27

    I agree with Tobias in general.  This might be considered a civil matter.  That being said, if the has a city ordinance identifying this as a misdemeanor and the police refuse to issue a ticket, then in my opinion it would be city business base on the refusal to act.  Better to handle such a situation at council then have the officer defend a mandamus action (regardless of whether this might be considered a ministerial act).  Keep in mind, neither the city, nor its insurance carrier defend the officer in a mandamus action.  This might be taking it a bit far, but the neighbor is willing to come to council with a simple matter for which the council member is attempting to apologize.  He wants the fight instead of being an adult and accepting the apology.   I don't know about you all, but I have run into some crazies over the last 26 years - anything is possible.

     

    Roger K. Johnson

     






  • 8.  RE: City Council Meeting Agenda Items

    Posted 03-11-2024 13:09
    I agree with Tobias. For McCook, we have a form that people can fill out to request to be put on the agenda. City staff reviews that request and determines whether it can be handled "in house" - meaning city staff can directly address the concern. Only if City staff determines that it needs council action, does it make the agenda. There is no right to be on an agenda. It is a meeting for the people, not of the people. 

    I don't think what you describe is an agenda item. It is airing a personal grievance. There are other avenues to handle personal grievances: civil court, complaint to attorney general, etc. 

    Nathaniel J. Mustion, Esq.
    Mousel, Brooks, Schneider, Mustion & Shifflet, PC, LLO
    101 W. C St.
    McCook, NE 69001
    (308) 345-1600 (office)
    (308) 345-1602 (facsimile)
    njmustion@mbgslaw.com

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  • 9.  RE: City Council Meeting Agenda Items

    Posted 03-11-2024 13:12

    David City uses the same kind of form and process as McCook.  It seems to work well.

     

    - David


    David C. Levy
    Baird Holm LLP
    1700 Farnam Street
    Suite 1500
    Omaha, NE 68102-2068
    www.bairdholm.com
    402.636.8310 Direct Dial Phone
    402.213.9063 Cell Phone
    402.344.0588 Fax

    dlevy@bairdholm.com

    Admitted to practice in California, Iowa, Kansas and Nebraska



    This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

     

     

     






  • 10.  RE: City Council Meeting Agenda Items

    Posted 03-11-2024 13:24

    I received quite a few responses, so if I did not get back to you personally, thank you to all who took the time to respond.

     

    Best regards,

     

    Michael






  • 11.  RE: City Council Meeting Agenda Items