Does the Molly Dennis censure impact her ward residents? Some say no

Mar. 22—ROCHESTER — The

censure of Rochester City Council member Molly Dennis

has left some northwest Rochester residents wondering where to turn.

"Do I take my question right to the council president or do I take it to Molly?" Ward 6 resident Dave Senjem recently asked, citing a lack of clarity regarding the impact on people represented by Dennis.

The

former Minnesota senator and Rochester council member

who currently serves as an Olmsted County commissioner has touted constituent services as a priority during his more than two decades in elected office.

Dennis represents Senjem's ward on the council, so he said he'd traditionally turn to her with questions regarding Elton Hills Drive, but the restrictions listed in Dennis' recent censure have him questioning whether he'll be able to get quick answers.

"You are punishing the ward if you are going to punish the member, and that's way out of bounds," he said.

Senjem is not alone. Fellow Ward 6 resident Mary Gorfine wrote the City Council a letter immediately following the censure.

"I have watched as city staff have taken over your agendas and your issues/decisions and now, you have minimized my council member's ability to represent our ward," she wrote.

While a variety of Ward 6 residents, as well as others throughout the city, have voiced concern that the censure restrictions will stifle Dennis' ability to provide service, council members and city staff say that's not the case.

A July 20, 2022, communication plan proposed following concerns about Dennis' use of staff time shows many of the restrictions were already discussed. Others largely mirror the council's current code of conduct.

Dennis, however, said she sees things differently.

"I have been jumping through hoops," Dennis said. "I can't make a phone call."

She contends the mandate stating all meetings with staff members be held virtually means she cannot reach out to anyone by phone, forcing her to use email, which can be a struggle due to her attention-deficit/hyperactivity disorder.

"I'm at a disadvantage," she said.

Rochester City Attorney Michael Spindler-Krage said that's not the case.

"Council member Dennis has been repeatedly informed over the last couple weeks that phone calls are considered a virtual meeting," he said.

While council members have told her the same, Dennis said she disagrees, since the document doesn't specifically cite a definition of "virtual meeting" and it doesn't exist in writing that a phone call is allowed.

She said her limited ability to directly contact staff also places her at a disadvantage.

"The only two staff with any issue with me are the only two staff I'm allowed to contact," she said.

Council President Brooke Carlson called that a misstatement of the censure restrictions.

"You are not restricted to only speaking to the city attorney and city administrator," Carlson told Dennis during Monday's council meeting. "Department heads are listed explicitly in the language of the censure."

The document states: "Council member Dennis shall refrain from continued negative interactions and behaviors, personal attacks and inappropriate communications with the council and city staff."

Carlson pointed to a meeting between Dennis and Deputy City Administrator Cindy Stienhauser on Monday morning as an example of one held without Zelms or Spindler-Krage present.

Zelms said the city's code of conduct already calls for council members to contact administrators or department heads, preferably by email, when seeking to contact a specific employee related to city business.

The code states, "Generally, all interactions with staff members should flow through the city administrator," pointing out that any request that takes more than 30 minutes of staff time must be approved by the council.

The expectation of looping in the administrator or department heads was also part of the July communications plan presented to Dennis after alleged negative interactions with Zelms and Spindler-Krage.

Zelms said Monday the reason behind the expectation is to provide timely responses.

"Not everyone is always available by phone, not everyone is always in the office, not everyone is always even going to be back, if they are on some sort of leave or on vacation," she said.

Gorfine said she worries the existence of the reprimand and how it unfolded might create new delays in responses.

"I think that any department head will be reluctant to act on a request from Molly on behalf of a constituent without checking first with Ms. Zelms, who I suspect will be slow to respond," she said.

In addition to being told how to communicate with staff, the censure calls on Dennis to "refrain from continued negative interactions and behaviors, personal attacks and inappropriate communications with the council and city staff."

The council member said she believes the requirement violates her First Amendment rights, regarding free speech.

"I can't speak critically of my colleagues," she said.

The final requirement of the censure calls for Dennis to avoid representing the city's official position when speaking with the public and make sure her opinions are expressed as her own.

In a statement sent to media Monday, Zelms said the requirement is needed to ensure staff works on efforts approved by the larger council.

"Challenges have arisen in navigating this dynamic with Council member Dennis," she wrote. "For example, she regularly asks that city staff perform work on items that were already denied by the majority of City Council."

Violation of the censure requirements could lead to a second reprimand by the council and restriction of activities and access to nonpublic areas in city facilities, but Zelms said she sees a better outcome if the censure conditions are followed.

"I'm hopeful that the City Council's reprimand will create an opportunity to reset, deliver within our defined roles, and focus on the collective vision of the City Council," she wrote in Monday's statement. "I'm confident that by doing so, we can better serve the City of Rochester and all of its constituents."