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Has the governing body been able to "gel" as a team, or are members viewing one another <br />with a sense of distrust? Are you lining up along the same divisions on every issue? Are <br />you unable to disagree without being disagreeable? Perhaps some team building is in <br />order if these things are happening. <br />With respect to staff, is an incoming council or board viewing staff as the "enemy"? A <br />staff exists to carry out the goals set by the governing body. Sometimes, with the changing <br />of the guard at the governing body level, there's an assumption that there needs to be a <br />changing of the guard at the staff level, too. But if this staff faithfully carried out the goals <br />of the prior governing body, why wouldn't you expect that they will be equally able and <br />willing to carry out the goals of the new body? <br />With respect to the community, are public comment periods turning into "public <br />inquisition" or "public argument" periods? Is "staff bashing" or "elected official bashing" <br />happening at meetings? Perhaps another look at your rules of order, and your approach to <br />meetings, would be appropriate. Certainly the public has every right to appear at meetings <br />and make complaints. It's a sign of faith in local government that people care enough to <br />complain! But the manner in which those complaints are made, and the manner in which <br />you respond, can mean the difference between a constructive, productive exchange or a <br />nasty, embarrassing, unproductive, or morale -crushing attack. <br />Is the observance of personal conduct standards part of your oath? At least arguably, yes. <br />After all, the oath implies faithfully performing a role where you must work with others. <br />And you have a fiduciary duty to act in the best interests of your municipality. It doesn't <br />seem a far stretch to impute to your oath a commitment to respectful conduct towards <br />one another and the best interests of the municipality. <br />Is it a best practice to observe personal conduct standards? It certainly seems so. <br />Maintaining harmonious and productive working relationships with your fellow elected <br />officials, staff, and the public can only increase your effectiveness. And keep in mind <br />that harmony doesn't mean you all have to agree all the time. Indeed, healthy discussion, <br />debate, and disagreement are the engine for understanding issues and solving problems. <br />But the idea of disagreeing without being disagreeable is important to keep in mind. <br />Does the observance of personal conduct standards help with liability reduction? We <br />think so. In CIRSAs experience, turmoil at the top levels of the municipality means <br />turmoil throughout the organization. After all, you know what rolls downhill. Over and <br />over, we've seen that disharmony and dysfunction at the top means claims throughout the <br />organization. These types of claims not only cost dollars to defend, but also can sap the <br />governing body's energy, destroy staff morale and cause reputational harm, all with long- <br />lasting impacts. <br />Conclusion <br />Honoring your oath of office isn't just something you do when your raise your right hand <br />at the beginning of your term. You can look at just about any arena in which you operate <br />as an elected official, and ask yourself, "What did I commit to do when I took my oath?" <br />By asking and answering this question, you can stay on the path of best practices, and <br />avoid or reduce personal liability. <br />10 CHAPTER 1 <br />