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Home My WebLink About1995-01 Executive Order "'"'"'"'~"'"' o o ,/1'1 ;()- '"' , - CITY OF SAN BERNARDINO INTEROFFICE MBMORANDUH OFFICE OF THE MAYOR EXT. 5133 Executive Order No. 95-1 November 16, 1995 TO: FROM: SUBJECT: All Departments Mayor Tom Minor Departmental Interaction with Legislative Branch PURPOSE To provide specific criteria for interaction between Department/Division Heads and members of the Legislative body that will allow for the necessary and expedient flow of information for carrying out the normal exercise of City business as generally outlined by Resolution No. 12527 (attached). AUTHORITY The Charter of the City of designates the Mayor as the having general supervision institutions of the City. San Bernardino (Article IV, Sec. 50) Chief Executive Officer of the City over all departments and public RESPONSIBILITY All Departments/D~vision Heads are to familiarize themselves with this directive and respond to requests from the Legislative body accordingly. PROCEDURES An unusual amount of staff time and resources has been consumed over the last few months for impromptu meetings requested by individual Councilmembers. Further, within the last 10 days or so an inordinate amount of time has been taken by an unusual amount of telephone calls to staff which could be interpreted to be harassment and threats. These examples of micromanagement and > ~ ~ ~, ~,"'~""~'~ ."O'."'i"'''.'''''l!o-<~..,. T .l .' o o , EXECUTIVE ORDER No. 95-1 November 16, 1995 Page 2 continuous interruptions necessitate this Executive Order setting parameters for the usage of staff time and resources by individual members of the legislative body. I had hoped that the councilmembers creating these excessive demands on the day-to-day operations of departments would be reasonable in their use of staff time. However, such requests for attendance at unscheduled meetings and repetitive telephone calls, continue to escalate to the point of disruption of necessary City/Agency business. These expenditures of staff time that are not authorized by public actions of either the Mayor and Common Councilor Commission, are equivalent to spending taxpayers' money without specific authorization. In order to insure that our department operations are being efficiently and economically conducted: YOU ARE HEREBY ORDERED to report immediately to my office, preferably in writing, the time and place of any meeting that you are requested to attend by any councilmember or council staff. I will notify you at that time if you are authorized to attend. This is also to include documenting telephone calls made to staff, the duration and the direction or request made of you. You are to limit the amount of time spent in the meeting to 15 minutes. Any action requested of staff as a result of telephone requests/direction and/or meetings, ~ not occur until staff receives direction/approval from me. Meetings requiring substantial amounts of time will require my approval and will be accommodated as long as there is no conflict with previously established _ schedules or priorities of your department. You are further instructed that if you or any of your staff attend any such meeting, a concise written report, outlining the context of the meeting, including a list of attendees and the amount of time consumed by the meeting with preparation and travel time, will be delivered to my office within three days. ---:-~ Tot" ft:::: Mayor -~"~.~",~" L 2 3 4 S 9 10 11 ~- , .. <<~....... '~"., m~,,,.~,,, APR-13-'95 11:43 ID:CITY OF SAN BONO o TEL NQ:909-384-5461 o t1667 P04 RESOlUTIOH NO. /.:=:;;).;; 7 , ; RESOLUTI~~ OF THE CITY OF SA~ BERNARDINO ESTABLISHING POLICIES AND PROCEDURES PERTAINING TO COUNCILMANIC USE OF THE EXPERTISE AND PERSONNEL RESOURCES OF THE CITY TO ASSIST THEM IN CARRYING OUT THE DUTIES OF THEIR ElEC1IVE OFFICES. 6 1 8 WHEREAS. the Charter of the City ~f San Bernardino specifically establishes a legislative and an Executive branch which are jointly re- sponsible for the governing and direction of the City; and WHEREAS. the Common Council is the Legislative Body of the City and is responsible for the enactment of all ordinances. resolutions. etc. governing the execution of the powers of the CHy; and WHEREAS, the Mayor is the Chief Execut'ive Officer of the City and is charged with the general supervision of all departments to ~ssure that 12 they are honestly, economically and lawfully acbinfstered and is responsible 13 14 IS 16 11 18 19 20 21 22 23 24 2$ 26 27 28 for the general supervision of all C11;)' officers except Councilmen. WHEREAS. the e~istence of these two branches of government results in an understandable lIIOUnt of potential conflict in the carrying out of the respective responsibilities involved and the protection of the deID- crat~c process; and WHEREAS. because of the nature of local government. and the various serv1 teSt operations and functions wtlich it perfol1llS. the fine Hne between Legislative and Executive responsibility is sometimes hard to define; and WHEREAS, the C~n Council and the Mayor unanilllOusly agree that despite th..dversary roles of their respective offices. the OP'l'atiol'1 of the City .rid the morale of the employees 15 a aaatual responsibllity of - both branches; and WHEREAS. there have been occasions when unnecessary c:onflict between the legislative and Executive branches has occurred which ~s reacted to the detrilli~nt of the morale .'In:J welfare of City officfals and employees; '.' . . and , .' ~,c~,~, ,c", ,. .,. 8 9 10 11 12 13 14 1S 16 17 18 19 20 21 22 23 24 2.S 26 27 28 ,~,. C' y~~~_".". ___""C'"._... r- . "~,,,,,\,,"c~~""-'.w""""''""''T''''fC,,"Y''~'"'"~",~:,,_,_ .~ APR-13-'95 11:43 ID:CITY OF SAN BDNO o TEL NO: 909-384-5461 o #667 pes 1 2 3 WHEREAs. it is mutually agreed that some standard ope~ating procedures relative to the utilization of City personnel and resources by Councilmen for information and meetings sho~ld be established. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Conmon Cound 1 of the City of San Bernardino. that the follOWing procedures be adopted: 1. The request of a Ccundlman for infol"l1liltion related to his 4 S 6 Legislative responsibilities made to any department head of the City will 7 be answered as expeditiously as possible insofar as it does not interfere with any higher priority functions being carried out by the department. Z. A Counct lman may request the attendance of any department ~ad or his designated representative at any meeting called for info~tion or the discussion of any matter relative to the legislative responsibfli~ of the Councilman. This type of meeting will. ff possib1e. be schedu1ed during the normal \<<IRing hours of the eqJloyea; hOwever. there are SOlIe situations in which meetings at times other than during regular working hours are necessary. Meetings on Silturday or Sunday win be called only for urgent matters, with the attendant! of . ~rtlllent head or other City eq210yee at such llleetings to be on a voluntary bash. 3. Occasionally. a Councilman IIIIY find tt necessary to utilize the expertise of various departraent heads or their desigRlted representatives at a neighborhood raeeting for the purpose of 1nfonling constituents of either an adopted or contemplated policy or program of the City. These meetings o~"~cess1ty IIIIst be set up for the convenience of the publ1c and probab!y will not be during normal working hours. 4. The Mayor's Office will be informed by the Councilman requesting the attendance of City staff personnel at a special meeting. at least three days p"rior to any such meeting. In the event of an emergency, the Mayor will be informed as soon as possible pri~:to the meettng relat;ve to the . .', "'~t''';;'''. " ~ II(. nature of the emergenty and the City personnel requested to attend. .~ ''II'" -.....;t . . m9:~-;:""j,'''',~~':;'~'':''~'~'~~ - . . .'... , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 13 16 17 18 19 20 21 22 23 24 2S 26 27 28 OC,"" , ","cT' " , '~ ,,"~.,~ ".'" APR-13-'95 11:44 ID:CITY OF Sl=IN BONO o ,,- , "," "'~~"",~_e~ TEL NO: 909-384-5461 o ~7 P05 5. In the event the Mayor. at the time of being conta~ted by the Councilman. has a conflicting requireMent for the services or presence of the same City staff personnel t the requirements of the Mayor shall take precedence. However. every effort will be made by both parties to resolve such conflicts so as to Meet both Obligations. 6. Any chal"ge of violation of the intent of these procedures by either the LegiSlative or Executive branch shall be presented to the Common Council at a regular meeting before any action Igainst any officer or other City employee is exercised by either branch. 7. The Mayor's agreement to rescind forthwith the Executive Orders related to this subject dated March 14. 1972. May 26. 1972. llnd ' January 27. 1975. is her&b~ acknowledged. I HEREBY CERTIFY that the fo.-.going resolution was duly adopted by, the Mayor Dnd CoImlOll Council 01' the City of San Bernard1no at a A,~~J'~A/ meet1ng thereof. held on the .7_Yi day of J.~~~. 1976. ,. by the follow;ng vote, to wit: '"l . 011 /' ......./ AYES: Councilmen /' JJ....-t1.J1-~ A-A_U/~~ ji#'".... T~~... 1~...,~~....e.u,,-7'zL,;.J_ --..< ~~~"'f .~~ NAYS: ?J .: "'I.L,, ABSENT:7~L/ . ' i.~.~ Tho ,.....9ot"ll .....l.tl.. I, he""" "".;.... ibis ~ 1"Y of . :-l-d:.r.:,~~t-" . 1976. /' ,," ...::r:;~..--f.--- " . .' '7'" " _--~ :;7 ..,' ~' ~~ 'qtU;;'~~;-;ft.,a;';ardtno I i . l ,~,~~, ..j{..~;S: ~Q" ~~ . f' - ty ~me;~f.'-' . . .:, .; _. ......~..... .