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Regular City Council Meeting Monday, March 12,2012 Page 10 At the request of Councilmember Pust as to whether this has been tracked in the past, City Manager Malinen advised that, while staff may have been aware of tar- dy compliance in the past, this was the first time he was reporting to the City Council in an effort for staff to comply with all City Codes. City Attorney Mark Gaughan, in his review of the Ethics Code, advised that, even though no sanctions were laid out, this may have been intentional to allow more flexibility for the City Council in addressing failures, since failure to file was clearly stated as a violation in code. Mr. Gaughan reviewed the process for City Manager or City Attorney follow-up on any violations to be reported to the Ethics Commission, and their subsequent submittal of their findings and recommenda- tions to the City Council for action on any ethics violation. Mr. Gaughan there- fore noted that a process was in place, most likely intentionally left open to allow for a broad discussion and recommendation by the Ethics Commission for City Council action. Simply because no sanction was set forth, Mr. Gaughan reiterated that this allowed for discretion after the process played out. After further discussion on the process, Mayor Roe opined that tonight's discus- sion alone, along with the threat of a complaint filed with the Ethics Commission, may serve to resolve the issue of tardiness itself. Mayor Roe suggested staff to provide written communication to commissioners, with a phone follow-up deadline, or staff would initiate an Ethics complaint. Mayor Roe noted that this follow-up was taking up a considerable amount of staff time, and needed resolution. Councilmember Pust sought assurance that a person-to-person contact be made McGehee moved, Roe seconded, to direct staff to contact Mr. Singleton and Ms. Quam, excluding Mr. Campbell due to his impending term expiration, by written and e-mail format, with a deadline for confirming that filing by the end of busi- ness on March 24, 2012; and if there was no compliance at that time, an Ethics complaint would be filed with the City Attorney. Roll Call Ayes: Pust; McGehee; and Roe. Nays: None. With Mayor Roe concurring, City Manager Malinen suggested that future discus- sions be held on whether or not to charge the Ethics Commission with potential revision to City Code to provide clear and specific sanctions in this type of situa- tion. b. Discuss Performance Management Program