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HomeMy WebLinkAbout02-City Manager CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Charles McNeely, City Manager Subject: Follow-up Mayor and Common Council RetreatIWorkshop- Develop Operating Guidelines. Dept: City Manager's Office Date: May 18, 2010 Council Date: May 25,2010 Synopsis of Previous Council Action: March 25, 2010 Mayor and Common Council Retreat Workshop March 26, 2010 Mayor and Common Council Retreat Workshop March 27, 2010 Mayor and Common Council Retreat Workshop Recommended Motion: That the Mayor and Common Council discuss and take possible action regarding Operational Guidelines. Contact person: Tanya Rnmn Phone: 909-384-5122 Supporting data attached: Staff Report. Operatinq Guidelines Ward: None FUNDING REQUIREMENTS:None Amount: None Fiscal Year Budgeted Amount:N/A Balance as of: N/A Source: (Accl. No.) Accl. Description: Agenda Item No. 1- 05 - 2-5" -"U5 (6 STAFF REPORT Subiect: Follow-up Mayor and Common Council RetreatIWorkshop - Develop Operating Guidelines. Backl!round: In March of this year, the Mayor and Common Council attended a three day Building a Better Community Retreat. The event was very successful. The Mayor and Common Council accomplished several goals which include: · Identifying a vision and adopting goals and priorities in an effort to provide clear guidance for the City's long term future. · Considering the City Manager's assessment and recommendations on organizational restructuring and · Hearing an update from Management Partners on the 2007 Organizational Study. · Exploring forms of government and roles of politicians and administration through facilitator Dr. John Nalbandian. Because of timing constraints, the Mayor and Common Council decided to hold off developing Operation Guidelines until a future date. The purpose of to day's meeting is to develop Operation Guidelines which include: Agenda Guidelines; a Code of Conduct for the Mayor and Council, staff, and the public; and guidelines for standing Council and Ad Hoc Committees. Additionally, several Charter revisions were discussed during the March retreat and it was agreed that a separate workshop would be held to discuss those as well. Tuesday, June 8th has been reserved for the Charter discussion. Financial impact: None. Recommendation: That the Mayor and Common Council discuss and take possible action regarding Operational Guidelines. "Building a Better Community" Name of Prollram: Operational Guidelines Prollram: Code of Conduct . . PROPOSED TOPIC AREAS FOR A CODE OF CONDUCT 1. General Overview The residents and businesses of the City of San Bernardino are entitled to have fair, ethical and accountable local government which has earned the public's full confidence for integrity. To this end, the Mayor and Common Council of the City of San Bernardino have adopted a Code of Conduct for its members to assure public confidence in the integrity of local government and its effective and fair operations. 2. Rules of Decorum The professional and personal conduct of the Mayor and Common Council must be above reproach and avoid the appearance of impropriety. The Mayor and members of the Common Council shall refrain from abusive conduct, personal or verbal attacks upon the character or motives of each other, the staff or the public. 3. Respect for the Process The Mayor and members of the Common Council shall perform their duties in accordance with the processes and rules of order established by them in governing the deliberation of public policy issues, involvement of the public and the implementation of policy decisions of the Mayor and Common Council by City staff. 4. Conduct of Public Meetines The Mayor and Common Council shall prepare themselves for public issues; listen courteously and attentively to all public discussions before the body; and focus on the business at hand. They shall refrain from interrupting other speakers; making personal comments not germane to the business ofthe body; or otherwise interfering with the orderly conduct of meetings. 5. Decisions based on Merit The Mayor and Common Council shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. 6. Sharine ofInformation on Issues under Consideration The Mayor and Common Council shall publicly share substantive information that is relevant to a matter under their consideration, which they may have received from sources outside of the public decision-making process. 7. Conflict ofInterest In order to assure their independence and impartiality on behalf of the common good, the Mayor and Common Council shall not use their official positions to influence government decisions in which they have a material financial interest; or where they have an organizational responsibility or personal relationship which may give the appearance of a conflict of interest. 8. Gifts and Favors The Mayor and Common Council shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office that is not available to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or action, or give the appearance of being compromised. Page 1 of8 "Building a Better Community" 9. Confidential Information The Mayor and Common Council shall respect the confidentiality of information concerning the property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interest. 10. Use of Public Resources The Mayor and Common Council shall not use public resources that are not available to the public in general, such as City staff time, equipment, supplies or facilities for private gain or personal purposes. 11. Reoresentation of Private Interests The Mayor and Common Council shall not appear on behalf of private interests or third parties before the Councilor any commissions or proceedings of the City. 12. Indeoendence of Boards and Commissions The Mayor and Common Council shall refrain from using their position to unduly influence the deliberations or outcomes of commission proceedings. 13. Policv Role of Members The Mayor and Common Council are responsible for setting clear direction and policies and for holding the City Manager accountable for achieving those policies. The Mayor and Common Council shall respect and adhere to the council-manager structure of city government whereby the Council determines the policies of the City with the advice, information and analysis provided by the public, commissions and City staff. The Mayor and Common Council shall, therefore, not interfere with the administrative functions of the City or the professional duties of City staff; nor shall they impair the ability of staff to implement Council policy decisions. The Mayor and Common Council will not divert management from the approved priorities with issues of personal interest or requests for information that may require significant staff resources without the active approval of the majority of the Mayor and Common Council. The Council will come to consensus regarding major issues that need further exploration and analysis so as to judiciously assign tasks to the City Manager and his staff. 14. Public Relations When the Mayor and Common Council have not taken a position on an issue, neither the Mayor nor any Councilmember will speak on behalf of the Mayor and Common Council. When presenting their individual opinions and positions, Councilmembers shall explicitly state that they do not represent their body, the City of San Bernardino, nor will they allow the inference that they do. After a decision is made, the Mayor serves as the spokesperson for the City's view on policy matters; the Common Council will speak with "one voice." Once the Common Council has taken a vote, members will let the decision stand and avoid undermining the Council's stated direction and decision. 15. Positive Work Place Environment The Mayor and Common Council shall support the maintenance of a positive and constructive work place enviromnent for City employees and for residents and businesses dealing with the City. The Mayor and Common Council shall recognize their special role in dealings with City employees and in no way create the perception of inappropriate direction to staff. Page 2 of8 "Building a Better Community" 16. Communication with Citv Manaeer and Staff . The City Manager is responsible for managing the day-to-day operations of City government. . Unless it is a simple inquiry, the Mayor or members of the Common Council will contact the City Manager before going to Department Directors. . When contacting Department Directors through e-mail, the Mayor and Council members will copy the City Manager as a courtesy. . The City Manager will ensure that the Mayor and Common Council are proactively informed on major policy issues or issues that may attract media or public attention; likewise, the Mayor and Common Council members will give the City Manager notice if he or she learns of issues of concern. . The Mayor, Common Council, City Manager and staff will not blindside each other in public. . Council members are encouraged to submit questions on agenda items to the City Manager as far in advance of the meeting as possible so that staff can be prepared to respond at the meeting. . The Mayor and Common Council shall not criticize staff in public. . The Mayor and Common Council will refer citizen complaints to staff and give them adequate time to respond. Staff will report back to the Council through the City Manager on the resolutions of these complaints. . The Mayor and Councilmembers will be provided with information from staff and other members on an equal basis so that they are equally prepared to make good decisions. 17. ComDliance and Enforcement The Code of Conduct expresses standards of ethical conduct expected of the Mayor and Common Council. The protocols are intended to be self-enforcing; members themselves have the primary responsibility to assure that the standards are understood and met. The Mayor has the additional responsibility to intervene when the actions of Council members appear to be in violation of the Code during the process of conducting the Council meetings. The Mayor and Common Council may impose sanctions on members whose conduct does not comply with the City's ethical standards, such as reprimand, formal censure, or loss of committee assignments. A violation of this Code of Conduct shall not be considered a basis for challenging the validity of a council decision. The Mayor and Council members entering office shall sign a statement affirming that they have read and understood the Code of Conduct and protocol. Page 3 of8 "Building a Better Community" Name of Proflram: Operational Guidelines PrOflram: Agenda Guidelines . . PROPOSED AGENDA GUIDELINES FOR BRINGING MATTERS BEFORE COMMON COUNCIL 1. Placinl!: Matters On The Al!:enda In addition to matters pending before any committee, commission or other advisory body of the Common Council, matters pertinent to and within the jurisdiction of the City shall be placed on the agenda by the City Manager. All written petitions, communications, and other matters to be submitted to the City Council for inclusion in the agenda packet for consideration at a regular or adjourned regular meeting should be delivered to the City Manager's Office no later than the time established by current administrative policy. The City Clerk shall compile the agenda, listing all matters to be considered by the Council according to the order of business, numbering each item consecutively. 2. Submission of Al!:enda Item Staff Reoorts Mayor and Common Council staff report and back-up material should be prepared and submitted to the City Manager's Office two weeks prior to each regular Common Council meeting at which the item shall be heard. If an item has been continued to a future meeting and requires new or additional back-up material, it shall be due within one week of the following meeting. 3. Preoaration and Distribution of the Al!:enda Packet The City Clerk shall prepare the Agenda packet. Not later than 5:00 p.m. on the Thursday prior to each regular Common Council meeting a copy of the agenda with accompanying staff reports and other background materials shall be delivered to eaeh the Mayor and each Councilmember so as to be available no later than the Thursday preceding the Council Meeting. Except in the case of items qualifying as urgency items under the Brown Act, no item shall be considered by the Mayor and Common Council if not included in the agenda; however, a correction or supplement to an item already contained in the packet may be included. 4. Postinl!: of Al!:enda The City Clerk shall post the agenda of each City Council Regular or Adjourned Regular Meeting at least 72 hours in advance of said meeting in a location that is freely accessible to members of the public. The City Clerk shall maintain an affidavit indicating the location, date and time of posting each agenda. Page40f8 "Building a Better Community" 5. Failure to Meet Deadlines a. The City Clerk shall not, without the consent of the City Maoager, accept aoy new agenda item after the deadlines established in the administrative policies. b. Generally, only those matters listed on the agenda shall be acted upon by the Mayor aod Common Council. However, if a matter is deemed to be urgent by the Mayor, Councilmember, the City Maoager, City Clerk, or City Attorney, it may, in accordaoce with the Brown Act, be added to the agenda aod acted upon by the Mayor aod Common Council if ao explaoation of the urgency is stated in open Council Meeting aod a majority, or super majority, depending upon the applicable provisions of the Brown Act, of the Common Council consents to hear it. ROLE OF MAYOR AND COMMON COUNCIL REGARDING COUNCIL MEETINGS I. While the Common Council is in session, the Mayor, Councilmembers aod City staff shall maintain strict order aod decorum. Neither the Mayor nor aoy Councilmember shall delay or interrupt the proceedings of the Common Councilor interrupt aoy member while speaking. 2. Councilmembers should indicate to the Mayor that they waot to speak. The Mayor will acknowledge them before they begin to speak. 3. Any councilmember shall have the right to express dissent from, or protest to, or comment upon, aoy action of the Common Council. 4. Once a vote is taken on ao issue, Councilmembers will support the law made by the Common Council. When possible, the Common Council should attempt to reach consensus on ao issue. When this is not possible, the majority vote shall prevail; however, the Common Council shall respect the opinion of the majority. 5. The Mayor aod Common Council shall publicly share substaotive information, which they may have received from sources outside the public decision-making process, which is relevaot to a matter under consideration by the Common Council. 6. The Mayor aod Common Council will strive for a win-win situation by respecting diverse opinions. They will allow for everyone's opinion to be heard aod respected, even if they do not win the vote or prevail on the issue. 7. The Mayor aod Common Council will allow room for dialogue. When discussing ao agenda item, the members will allow the opportunity to dialogue with each other to build consensus on ao item. Page 5 of8 "Building a Better Community" ROLE OF CITY STAFF REGARDING COUNCIL MEETINGS I. City staff will provide written analysis and information on all agenda items prior to the meetings. Additionally, a copy of the materials, including technical reports, will be available to the public. 2. Staff will be available to answer questions of the City Council prior to and during City Council meetings. 3. Staffwill respond to questions from the public during City Council meetings when requested to do so by the Mayor, City Council, or City Manager. 4. During Council meetings, staff shall turn off or switch any electronic equipment such as pagers and cellular telephones to a silence mode. 5. Staff will remain objective on issues. Staff should not be an advocate for issues unless so directed by the Mayor and Common Council; rather, they should promote or assist the efforts of Mayor and Common Council. 6. City staff will implement all Mayor and Common Council policies as directed by the City Manager. ROLE OF THE PUBLIC DURING COUNCIL MEETINGS I. Members of the public attending Council meetings shall observe the same rules and decorum applicable to the Mayor, Common Council, and staff. 2. All speakers must approach the podium when recognized by the Mayor. Members of the public shall only speak from the podium. Stomping of feet, whistles, yells or shouting, and/or similar demonstrations are unacceptable public behavior. 3. Members of the public shall turn off or switch any electronic equipment such as pagers and cellular telephones to a silent mode while attending a City Council meeting. 4. If a member of the public desires to provide written correspondence (11 copies recommended) to the Mayor and Common Council, all such materials shall be given directly to the City Clerk prior to the meeting, or if during the course of the meeting, the materials shall be given to the City staff on the dais. At no time shall the public provide materials directly to the Mayor and Council. Page 6 of8 "Building a Better Community" Name of Proflram: Operational Guidelines PrOflram: Council Committees . . PROPOSED STANDING AND AD HOC COUNCIL COMMITTEES GUIDELINES STANDING COMMITTEES 1. Policy It is the policy of the Mayor and Common Council to use standing committees in open and public meetings to study City Business in greater depth than what is possible in the time allotted for Council meetings. 2. PurDose These rules are intended to enhance public participation and committee meetings so that the best possible decisions can be made for San Bernardino. 3. General Requirements Common Council standing committees shall be subject to the following procedural rules. 4. Quorum A majority of the committee membership shall constitute a quorum. 5. Referrals Only the Common Council as a whole, the Mayor or the City Manager shall make referrals to the standing committees. Referrals will generally be directed to only one of the standing committees. Items may be withdrawn from the committee and taken up for consideration by the Common Council at any Common Council meeting with the consent of a majority of the Common Council, and subject to any applicable noticing or agenda posting requirements. Councilmembers who submit matters to the Mayor and Common Council which are referred to a standing committee may appear before the standing committee to which the referral has been made in order to speak as proponents of the matter. Standing committee meetings during which such referrals may be considered shall be noticed as Council meetings for the purpose of enabling the standing committee to discuss and consider the matter with a quorum of the Common Council present. 6. Function of Committees The purpose and intent of committee meetings is to provide for more thorough and detailed discussion and study of prospective or current Council agenda items with a full and complete airing of all sentiments and expressions of opinion on city problems by both the Common Council and the public, to the end that Common Council action will be expedited. Actions of the Page 70f8 "Building a Better Community" committee shall be advisory recommendations only. Within 120 days of the referral, the item will be placed back on the Common Council agenda for an update or final action. 7. Minutes The Common Council staff shall be responsible for the preparation and distribution to the Mayor and Common Council of the minutes of standing committee meetings. The minutes for these meetings shall be action minutes which reflect the motions made during these meetings. The minutes shall be delivered to the Mayor and Councilmembers before the Council meeting at which the Committee's recommendations are to be discussed. 8. ReDort of Committee The minutes of each committee meeting shall serve as the report to the Mayor and Common Council. Any member may write a separate report. 9. Al!enda The chairperson of each standing committee shall prepare the agenda for committee meetings, the sequence of study being, within reasonable limits of practicality, the same as the sequence of referral. 10. Public ParticiDation Public comment on agenda items will be limited to a maximum of three minutes per speaker, or any alternate time limit specified by the presiding officer. 11. Conduct of Standinl! Committee Meetinl!s The chairperson of each committee may conduct meetings with as much informality as is consistent with Mayor and Common Council procedural rules, which shall also be in effect during committee meetings. The views of interested private citizens may be heard in committee meetings, but in no case shall a committee meeting be used as a substitute for public hearings required by law. 12. Oral Communications Opportunities for oral communications shall be provided in the same manner as Council meetings. AD HOC COMMITTEES In addition to standing committees, the Mayor Pro Tempore, subject to approval of the Common Council, may appoint members to such other Ad Hoc Council Committees as deemed desirable and necessary to assist and advise the council in its work. Upon his/her appointment, the Mayor Pro Tempore shall review the number and purpose of the Ad Hoc Committees before assigning members. These Ad Hoc Committees meet on as needed basis. Page 8 of8