HomeMy WebLinkAboutUntitled
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San Bernardino City Council Members
Study Session
Facilitator: Dr. Bill Mathis
May 25, 2010, 5-9 p.m.
EDA Board Room
Theme: Follow-up Mayor and Common Council Retreat/Workshop - Develop Operating
Guidelines.
[No rules of decorum create chaos, disharmony and dysfimctionl
I. Background:
Dr. Bill
A. Code of Conduct 2000 Guidelines
B. March 25-27 (Dr. John Nalbandian)
II. Proposed Operational Guidelines
Dr. Bill
. Code of Conduct Guidelines
. Agenda Process
. Council Committees
III. Summary: Next Steps
Attachments:
. 2000 Code of Conduct Guidelines
. 1984 Procedural Rules
. Proposed Operational Guidelines (Code of Conduct, Agenda Guidelines, and Standing
Council Committees Guidelines)
. Best practices from other cities
www.MathisGroup.net
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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From: Fred Wilson, City Administrator Subject: Conduct Guidelines for
elected officials and employees
Dept: City Administrator's Office fr:;:1l! fQ) \::::/7
\Si \0 u~ If
Date: May 29, 2000
Synopsis of Previous Council Action:
October 1998 - Mayor and Council adopt goals and priorities for the City.
Recommended motion:
Approve the Conduct Guidelines.
~W~
Contact person: Fred Wilson
Phone: 384-5122
Supporting data attached: Staff report, attachment
FUNDING REQUIREMENTS: Amount: -0-
Ward: All
Source: (Acct. No.)
(Ace!. Description)
FInance:
Council Notes:
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Agenda Item No. 2..1
STAFF REPORT
~uhj~~:
Conduct Guidelines for elected officials and employees
BaeJceround:
In the spring and summer of 1998, the Mayor and Common Council conducted a series of
workshops to identify community priorities and needs. As a result of that effort, a set of
goals and action plans were adopted for the City in October 1998. Improving Governance
was identified as the "overarching goal" for the City. According to this goal, the City
seeks to improve governance by:
. Building trust and communication within City government and throughout the
community.
. Organizing and planningfor the future.
. Streamlining City operations to improve efficiency and effectiveness.
One of the action items under this goal was to develop a comprehensive Code of
Conduct/Ethics. Many public agencies have adopted Codes of Ethics to help build the
public's trust, and to provide guidance for City officials.
The Conduct Guidelines (Attachment A) were developed with feedback from Department
Directors and elected officials. They provide a set of guiding principles that should
govern how City officials conduct City.'business.
The Conduct Guidelines will be implemented by the Mayor.
Finan~i81 Impact:
None
Recommendation:
It is recommended that the Mayor and Common Council approve the Conduct
Guidelines.
City of San Bernardino
CONDUCT GUIDELINES
I.
Pum05@ andJntem
It Is the Intent of the CIty of San Bernardino, its Mayor, Common Council,
other elected officials and employees, to promote condua which reflects thIs City's
commitment to fair, responsible, and Impartial deelslon-maldng. This City Intends
to conduct its business with Integrity, courtesy, and professionalism. As such, the
CIty's business Is to be conducted In an orderiy and effIcient manner through
proper channels. Its elected offlclals and employees will not conduct busIness for the
purpose of furthering personal gaIn.
Therefore, the Mayor, each CIty Council Member, every appointed official,
City Clerk, Oty Attorney, CIty Treasurer, and all employees of the Oty of San
Bernardino Intends to adhere to the following Conduct GuIdelines.
II.
Conduct Guld@/Ines Pertalllin&..tQ
The M"ym: and Common Council
These Conduct Guidelines affinn the Mayor as Chief Executive OffIcer of
the City of San Bernardino, as provided In ArtIcle IV of the Charter for the Qty of
San BernardIno. The Mayor shall have general supervisIon over ail the departments
and public InstItutIons of the CIty, and shall cause them to be honestly,
economIcally, and lawfully conducted.
The Mayor and Common Council shall uphold the laws of the UnIted States
of America, the State of California and the Oty of San Bernardino.
TIle Mayor and Members of the COmmon Gouncll shall not attempt to
eoerce or Influence CIty staff In maldng apPoIntments, awardIng contractS, selecting
consultants, pmce...h1r development applications, iranting Oty licenses or pennlu,
or conducting any admInistrative task wIthIn the authority of CIty staff.
Members of the COmmon Council shaD not attempt to change or Interfere
with the operating policies and practices of any CIty department without working
'throUgh the proPer channels for decIslon-maldng and communIcation, such as by
contacting the Mayor or CIty Administrator.
Members of the Common Council shall not attempt to influence commission
or committee recommendations, or to Influence or lobby individual commission or
commIttee members on any Item under consideration.
No member of the Common Council should exceed their authority or ask
others to do so.
No member of the Common Council should make any statement or
appearance or indicate In any way that he or she Is representing the official position
of the Oty, unless he or she has been designated as the City's representative by the
Mayor or Mayor and Common Council.
Members of the Common Council shall not disclose matters which should be
kept confidential, such as employee discipline, the prosecution and defense of legal
matters, salary negotiations, and matters properly handled In closed meetings.
No Member of the Common Council shall take any action which will, or is
likely to, result In a conflict of Interest as defined by state law, and no Member of
the Common Council shall engage In or accept employment where such
employment Is Incompatible with the proper dlscharre of his or her official dudes.
No Member of the Common Council shall' use his or her office or the power
or authority of that office In any m~nner Intended to Induce or coerce any person
or entity to provide, dlrectJy or indlrectJy, anything of value which shall aCCl1le to
the advantage or benefit of that Council Member or any other person.
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Conduct of Coul1dl ~eetinl!S
Council meetings are for the orderly conduct of busIness and each Member
of the Common Council shall conduct himself or herself accordingly. All
communication between Council Members and staff during the public sessions shall
be conducted In manner that reflects appropriate respect and professionalism.
if Council Members have specIfic questions or Issues concernIng an agenda
item, and the matter Is not adequately addressed in the agenda materials, they
should attempt to contact staff prior to the meetln&, to allow sufficient time for staff
to gather additional Information and/or research the question. In that vein, Council
Members may also contact the City AdmInistrator on any agenda Issues, Including
on weekends prior to a Monday Council Meeting. The City Administrator commits
to being available to provide such Information and clarification.
The Consent Calendar should be reserved for matters of a routine nature.
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Members of Council should limit their debates to the issues before them.
Each Council Member should refrain from making personal and/or derogatory
remarks about other Council Members.
~tem5whlchrequlre spectallzed knowledreand.A.~~<:h wllJberef~~tot
€Ommlttees to the largenelttentpOSSfbte:15ue-cormdemJon win be given to t"~
committee recommendation.
IV.
All Elected Officla~. ADDolnt@d Officials
And EmDlovees
All elected officials, appointed officials and employees shall cany out the
laws of the United States of America, State of California and the Qty of San
BernardIno.
No elected official, appointed official or employee should exceed their
authority or ask others to do so.
All elected officials, appointed officials and employees should work: In full
cooperation with other elected or pu611c officials and employees unless prohibited
from doing so by law or legitimate requirements of theIr lob.
All elected officials, appointed officials and employees should condua
business In a faIr and equitable manner with all IndMduals, groups, businesses,
organizations and other elected and public official and employees.
No eleaed official, appoInted official or employee shall use Clty-owned
property for personal use without reimbursement to the Oty for that use, except as
provided by law, contraa or consent of the Mayor or Council.
No elected official, appoInted official or employee shall use the tIme of any
other elected official or employee during working hours for personal gaIn or profit
No eleaed official, appointed official or employee shall have any Interest,
financial or otherwise, dlrea or IndIrect, or engare In any business or transaction,
which Is In con fila with the proper discharge of theIr official duties, In accordance
with law.
No elected official, appoInted official or employee shall knowingly dlsciose
confidential Information acquired in the course of and by reason of official duties,
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nor shall any elected official or employee use any such infonnadon for personal
gain, in violation of law.
V.
,ResDonslbllltx
The Mayor shall be responsible for implemendng these Conduct Guidelines.
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RESOLUTION NO. B4-371
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING PROCEDURAL
RULES FOR MEETINGS OF THE LEGISLATIVE BODY; AND REPEALING
RESOLUTION NO. 81-161.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Those certain procedural rules and regulations
7 entitled "Procedural Rules for Meetings of the Mayor and Common
8 Council", a copy of which is attached hereto, marked Exhibit "A"
9 and incorporated herein by reference as fully as though set forth
10 at length, are hereby adopted.
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SECTION 2. These rules are adopted by the Common Council
12 pursuant to the authority of Article III Section 34 of the Charter
13 of the City of San Bernardino. The objective of the rules is to
14 assure that meetings will proceed in an orderly manner and that
15 all interested parties shall have an opportunity to participate in
16 germane discussion of matters of business before the Common
17 Council.
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19 I HEREBY CERTIFY that the foregoing resolution was duly
SECTION 3. Resolution No. 81-161 is hereby repealed.
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20 adopted by the Mayor and Common Council of the City of San
regular
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Bernardino at a
meeting thereof, held on
the
17th day of
September
, 1984, by the following vote,
23 to wit:
AYES:
Council Members Cal>taneda, Reilly, Harks,
Quiel, Frazier, Strickler
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NAYS:
Council Member Hernandez
ABSENT:
None
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The foregoing resolution is hereby
2 of
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September
, 1984.
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Approved as to form:
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C ty A orney
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day
Bernardino
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PROCEDURAL
RULES FOR MEETINGS OF
THE MAYOR AND COMMON COUNCIL
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PRESIDING OFFICER
I.
5 These rules recognize the fact that Article III, Section 36
6 of the Charter of the City of San Bernardino charges the Mayor
7 with the duty to serve as Presiding Officer of meetings of the
8 Common Council without the right to vote. In the absence of the
9 Mayor, the Common Council shall have the right to select one of
10 its own members to serve as Presiding Officer. When a Council
11 member is serving as Presiding Officer, he shall retain all the
12 rights of a Council member, as well as assume those of the
13 presiding Officer, and shall have the same power to disapprove any
14 order as the Mayor would have had if present and presiding.
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A.
The Presiding Officer shall be fair and impartial during
the deliberations and proceedings of the Mayor and
Common Council. He shall be bound by and comply with
these rules of the Common,Council in his actions and
conduct as Presiding Officer.
B.
The Presiding Officer may make brief introductory
remarks and may recommend, or advocate approval or
disapproval, a continuance, or any other action
concerning any business item after the number and title
of the item is announced by the City Clerk. The
Parliamentarian may act to terminate those introductory
remarks that appear to be excessive and, thereafter,
such remarks shall cease. Introductory remarks can be
made by the originator of the item.
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E.
c.
Any comments, debate or discussion may be terminated at
any time, without recognition by the chair, by a motion
for the previous question which is duly adopted by the
Common Counc i l.
The Presiding Officer shall maintain control of the
meeting and impartially recognize persons desiring to
address the Common Council. He shall strive to be fair,
impartial and courteous while maintaining control.
Concerning contested or controversial items, he shall
attempt to fairly apportion the allotted time for debate
or presentation of evidence between proponents and
opponents. He shall not threaten, intimidate or engage
in personal attacks upon or criticism of any person at
the meeting. He shall not comment upon or evaluate the
remarks made by any person except in the lawful exercise
of his right to approve or disapprove any order of the
Common Council. Such right shall be exercised before
adjournment.
Except when the motion is non-debatable, the presiding
Officer shall permit each Council member to make remarks
relevant to the matter under discussion before the vote
thereon is taken.
The City Clerk, City Administrator or City Attorney
shall be recognized by the presiding Officer after such
official has sought recognition by obtaining the
attention of the Presiding Officer and shall be given
the floor as soon as the speaker having the floor is
finished.
D.
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I G. Any interpretation of these rules by the Presiding
2 Officer can be overruled by a successful appeal of the
3 ruling of the Presiding Officer or by a motion adopted
4 by the Common Council to waive the rule in question, or
5 by a ruling of the Parliamentarian of the Common Council
6 which can override the interpretation of the Presiding
7 Officer.
8 II. PARLIAMENTARIAN
9 A Parliamentarian shall be chosen by the Common Council. The
10 parliamentarian shall have the responsibility of monitoring the
11 meetings of the Common Council for compliance with and enforcement
12 of these rules by rendering decisions on requests for points of
13 order from other members or by interrupting the proceedings to
14 call attention to any violation of these rules. A decision by the
IS Parliamentarian shall be final, except when such decision is
16 voided by a motion to waive the rule in question which is adopted
17 by the Common Council. If the motion to waive cannot be decided
18 by four or more ayes or nays, the discussion shall be terminated
19 and postponed until the end of the same Council meeting.
20 III. CONDUCT OF MEMBERS
21 A. Members of the Common Council shall conform to these
22 rules in their own conduct and shall assist 1n causing
23 compliance with these rules during the course of all
24 meetings.
25 B. The members of the Common Council are charged with
26 conducting themselves in an orderly manner and shall not
27 threaten, intimidate or engage in personal attacks or
28 criticism of any person at the meeting.
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C.
Members shall strive, at all times, to keep their
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remarks germane to the item which is on the floor for
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discussion and every attempt shall be made to process
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the business of the meeting in an expeditious and
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courteous manner.
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IV. ".-Ga:IiA'4JWD11.
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AU. items to be COftsiderea byf:he Mayor and CO'lll1l\on coui1eH at
a publio meeting shall be presen~e to the City Clerk ~r
p~aQement on. the agenda Qf the Mayqr and Common Co~noil prior,to
4:00 p,m. on the ':t'uesday follQwing the first and th!J:dMondays.of
tIl<<t JllQnth for regular lIeetin!s,prtor to 2:00 p.m. at least three
b~siness d~ys before any ad~9~Fneq regular meeting oftbe Mayor
pnQ C~on Counoil, and at leas~ ~4 hours be~Qre speoialmeetings,
and for the emergency supplementa~ agendas, prior to noon ODtbe
we4nesday before the regdar meeting . Except as pn-ovi4ed in thest:!
t'u.J.atl,.no item or !1'atter shall .b,~ J?resepted to the )>I~jjl1;and
COnmGn Counoil at a public meeting unless and until ~ motion.is
adopt-edby the Common Council to waive the agenda deadline
,,~q\.!~:r;!l!l!I~n t~ .
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Any request to reconsider an item previously considered and
acted upon in a final manner by the Mayor and Common Council shall
be placed at the end of the supplemental agenda for a determinatio
of whether it should be set for a hearing at an appropriate time
and place.
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V. PROCESSING OF MOTIONS
When a motion is made and seconded, it shall be stated by the
Presiding Officer or City Clerk before debate. A motion may be
withdrawn by the mover or seconder at any time before a vote is
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taken on the item.
A. Motions Out of Order. The Presiding Officer shall at
any time, by majority consent of the members, permit a
member to introduce an ordinance, resolution or motion
out of the regular agenda order.
B. Division of Question. If the question contains two or
more divisible propositions, the Presiding Officer may,
and upon request of a member shall (unless appealed),
divide the same.
VI. PRECEDENCE OF MOTIONS
When a motion is before the Common Council, no motion shall
be entertained except: (a) to adjourn, (b) to fix hour of
adjournment, (c) to lay on the table, (d) for the previous
question, (e) to amend or present a substitute motion, (f) to
postpone (continue) to a certain day, (g) to refer, and (h) to
postpone indefinitely. ~foregoing motions shall have
precedence in the order indicated above.
EXPLANATION OF MOTIONS
A. Motion to Adjourn. (debatable as to time and place) A
motion to adjourn shall be in order at any time, except
as follows: (1) when repeated without intervening
business or discussion~ (2) when made as an interruption
of a member while speaking~ (3) when the previous
question has been ordered I and (4) while a vote is being
taken. A motion to adjourn to a specified time shall be
debatable only as to the time to which the meeting is
adjourned.
B. Motion to Fix Hour of Adjournment. The purpose of a
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D.
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motion to fix the hour of adjournment is to set a
definite time at which to adjourn. The motion is
undebatable and amendable except as to the time set.
Motion to Table. (debatable only as to time and place)
The purpose of a'motion to table is to temporarily
bypass the subject. A motion to lay on the table is
non-debatable and shall preclude all amendments or
debate of the subject under consideration. If the
motion shall prevail, the matter may be "taken from the
table" at any time.
Motion for Previous Question. The purpose of a motion
for the previous question is to close debate on the main
motion. It is non-debatable. (Just stating -question"
or "call for the question" does not accomplish the same
thing.) If the motion fails, debate is reopened; if the
motion passes, then there shall be a vote on the main
motion.
E.
Motion to Amend. (debatable only as to amendment) A
motion to amend an amendment is in order, but one to
amend an amendment to an amendment is not. An amendment
modifying the intention of a motion is in order, but an
amendment relating to a different matter shall not be in
order. A substitute motion on the same subject is
acceptable. Amendments shall be voted first, then the
main motion as amended shall be voted.
Motion to Reconsider. (non-debatable after being
seconded) The motion to reconsider shall include the
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reason for the request in order to be recognized and
valid.
G. Motion to Continue. (debatable only as to reason)
H. Motion to Refer. (debatable only as to destination of
referral)
VII. VOTING
On the passage of every motion, the vote shall be taken and
entered in full upon the record.
A. Failure to Vote. Every member should vote unless
disqualified for cause.
1. Self-disqualification, without approval, which
results in a tie vote should be avoided as
thwarting Council action, but no Council member
shall be forced to vote.
2. Tie votes are "lost" motions and, by vote of the
Council, may be reconsidered later.
B. Presence Required. Only those members of the Common
Council actually present in the Council Chambers at the
time the vote is called for shall vote. Council members
shall cast their vote as expeditiously as possible and
may press their voting button on an item when leaving
the Chambers for a short time and that vote shall count.
A Council member should strive to be present at all
times during an evidentiary and quasi-judicial hearing.
C. Reconsideration. Any member may move a reconsideration
of any Council action at the same meeting.
D. Changing Vote. Any member may change his vote before th
meeting is adjourned for that day, provided he orally
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and publicly announces to all members present that his
vote will be changed, (A Council member should consider
the effect of his change of vote on the vested rights of
others who may have relied upon a prior Council action.)
VIII, APPEALS FROM THE RULING OF THE CHAIR
A. Whenever a decision has been rendered by the Presiding
Officer concerning the operating procedures of the
Common Council and before the Common Council moves on to
further business, any member wishing to dissent that
decision may, without recognition by the Presiding
Officer, declare "I appeal the ruling of the chair",
B. When this occurs, the Presiding Officer shall, without
the allowance of any discussion, call for a vote on the
motion to appeal; and if the voting members of the
Common Council sustain the appeal by a vote of five or
more, then the appeal shall be sustained and the
business under discussion when the ruling was made shall
proceed as if the Presiding Officer had not made the
ruling in question.
C, If the appeal is not supported by at least five of the
voting members present, then the appeal shall be
declared lost by the Presiding Officer and the Common
Council shall proceed with the order of business.
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"Building a Better Community"
Name of Prouram: Operational Guidelines
I Pror!ram: Code ofConducUGuiddines
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PROPOSED TOPIC AREAS FOR A CODE OF CONDUCT/Guideline.
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. Resoect for the Process
The Mayor and members of the Common Council shall perform their duties in accordance with
the f1rc)(:'e_;,~e.; (lAd rulesDfocedural rules for meetinQ:s af enler 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 Meetin2s
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 of the 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. Sharing: of Information 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. ConDict of Interest
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.
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"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.
JO. 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. neSFelleRiatisH sf Pri. ate IRtel'lata
TRe Ma;. af ftfll:f Cemffl8fl Ce\:lReil si=lall Rst Bl3lgear 8JlJ l3ekalf sfJ!ri, ate iRterests Dr tkirEt J!larties ~efe:re the~
Get:tfletl aT SR) eeFRffii55ieRS aT I3reeeeeliRgs aftRe Cit).
12. Indeoendence or 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 sfla.I.l-.should respect and adhere to the established nroceduresal
couneil AlUmlger struetl:lre 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 sflaI-Ishould, therefere. not interfere with the administrative
functions of the City or the professional duties of City staff; nor shouldall they impair the ability
of staff to implement Council policy decisions oer City Charter Section 104.
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. This lanb!ual2e does not orohibit The
Mavor and Common Council from brin2.in12 information forward and discussin2. it with the Citv
Manal2er and Staff
14. Pnblie Relations
When the Mayor and Common Council have not taken a position on an issue, neither the Mayor
nor any Councilmember wH+-should speak on behalf of the Mayor and Common Council. When
presenting their individual opinions and positions, Councilmembers sflaH-should explicitly state
that they do not represent their body, the City of San Bernardino, nor wH+-should they encourlU!e
atJ.ew-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 ~should speak with "one voice." OR6e the CSfflffiOR CouReil
hilS taken a ',ete. AgelHBers \', ill let tHe seeisi8R stAAS RAS fl, ais l::IRseFffliRiRg the Ce~meil' s states
direetieFl BRS seei.;iflR.
15. Positive Work Place Environment
The Mayor and Common Council shall support the maintenance of a positive and constructive
work place environment 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.
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"Building a Better Community"
16. Communication with City MaDaller and Staff
. The City Manager is responsible for managing the day-ta-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 infonned 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 re ared to respond at the meeting.
. The Mayor and Common Council not criticize staff in public.
. The Mayor and Common Council will refer citizen complaints to staff and give them adequate
time to respond. Staffwill 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. Comoliance 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.
Ted Common Council may impose sanctions on members whose conduct does not
comply with the I dards, ~stteh--sanctions shall be limited t085 reprimand,
formal censure, er-Ioss of committee assignme ursuant to Charter Section 34 on] . A
violation of this Code of Conduct shall not be considered a basiS n in the
council decision. The Mayor and Council members entering office shall Ign a sta e 'n
that they have read and understood the Code of Conduct and protocoL .
Page3 of9
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Name of Prollram: Operational Guidelines
Program: Agenda Guidelines
.
PROPOSED AGENDA GUIDELINES
FOR BRINGING MATIERS BEFORE COMMON COUNCIL
1. Placio/! Matters On Tbe A/!eoda
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 Mavor and_ C0l111110n Council. City Clerk. City AHornev. City Treasurer. and
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 A2enda Item Staff Renorts
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. FreDa ration and Distribution of the A2enda Packet
Tbe City Clerk sball prepare the Agenda packet. Not later than 5:00 p,m, on the Tbursday 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.
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4. Postim! of A2"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.
5. Failure to Meet Deadlines
a, The City Clerk shall not, without the consent of the City Manager, accept any new agenda
item after the deadlines established in the administrative policies excent tor the Mavor and
~'gD1msmi:ouncil. City Treasurer. and CitrAttornev.
b. Generall:" llQnly those matters listed on the agenda shall be acted upon by the Mayor and
Common Council. However, if a matter arises after Destine of the a!!enda the orovisions of the
Brmvll Act shall aool\'. is deemed 18 l:le HegeR! B) the Major, CBI:IRSilmem(:lIer. the Cit) Manager,
Ht:r Cieri:. (:1f ('it) ,^.t'.omeJ. it Ala), if] Bsearsanse ..itk the Bre.,R :\.81. be addecl t8 the ageAe:lB
attd-o.<::tea ll]3tlA i'ly IRe ~.1H-,or aAd CElfflA98R Cel:JAeil if BA e;';fllaABtisA Elf the 1:lrgeAe) is stated iA
oJ3e]~ COllAeil ~ 1eeting and a majnrit).-Bf-SHfler majorit), defleAdiAg l;:Il?lOA the ElJ9fllisBBle ]3[0\ isioAS
urlhe Uro': A AC+--e+tke Comn'H'JA CouAeil eBAseAts te hear it.
ROLE OF MAYOR AND COMMON COUNCIL REGARDING COUNCIL MEETINGS
1. While the Common Council is in session, the Mayor, Councilmembers and City staff shall
maintain strict order and decorum. Neither the Mayor nor any Councilmember shall delay or
interrupt the proceedings of the Common Council or interrupt any member while speaking.
2. Councilmembers should indicate to the Mayor that they want 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,
any action of the Common Council.
I 4. Once a vote is taken on an issue, Councilmemhers are encoural!ed to wH-I-support the law made by
the Common Council. When possible, the Common Council should attempt to reach consensus on
an issue. When this is not possible, the majority vote shall prevail; however, the Common Council
shall respect the opinion of the ~minoritv.
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5. The Mayor and Common Council shall publicly share substantive information, which they may
have received from sources outside the public decision-making process, which is relevant to a
matter under consideration by the Common Council.
6. The Mayor and Common Council will strive for a win~win situation by respecting diverse
opinions. They will allow for everyone's opinion to be heard and respected, even if they do not
win the vote or prevail on the issue.
7. The Mayor and Common Council will allow room for dialogue. When discussing an agenda item,
the members will allow the opportunity to dialogue with each other to build consensus on an item.
ROLE OF CITY STAFF REGARDING COUNCIL MEETINGS
1. 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. Staff will 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
1. 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. StamJ3iRg af feet. ..histles. )e]]'s sr ShSl;ltiAg. ami/or similar
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dc11lonstrutior.-; are ullw:;eeptuhle ]Jublie heAB.iar.The Public shall not enllall.e in conduct that
disruots the meetine.
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.
Name of Proeram: Operational Guidelines
Prol!ram:
Council Committees
PROPOSED STANDING AND AD HOC COUNCIL COMMITTEES GUIDELINES
STANDING COMMITIEES
L Policv
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. Puroose
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 Reouirements
Common Council standing committees shall be subject to the following procedural rules.
4. Quorum
A majority of the committee membership shall constitute a quorum.
S. Referrals
Only a vote of the Common Council as a whole, tile Majer ar the (it) MEH'Iager shall make
referrals to the standing committees. Referrals will generally be directed to only one of the
Page 7 of9
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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.
C( uneilmemher: H'ho :UAI"fIit ['flatters to the Majer BAB CeAHflfJA Cel:lAeil v.l:iieA Bre referres to B
~"eoA'lmiltee Ala) Bflf3ear i'1efore iRe standing eBAlmittee t8 ..hisA the referral has Bsefl
maJe in order-tfis-peak--ffi--rfHf~fffleAL; sf the matter.--- StsREfiAg committee meetiAgs clmiRg-wfl.i.e.A
:'Hell referral: InB_, he considered shalll:le Aetiest:! as Cmmeil meetiflgs fef the J9I;1FJ9flse ofeA8eliRg
IAe .;taflding eelT1.lllittee to tliseuss find eOASider iRe matter ..itA a Ejl:l8fl:1ffi oftAe CammeR CSI:lRcil
~:;eAi:,
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
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. A.end.
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 StandiDi! Committee Meetin2's
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The chairperson of each committee may conduct meetings with as much informality as is
consistent with Mayor and Common Council procedural rules for meetinQs. 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 COMMIITEES
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 hislher 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 9 of9
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City of AI ba ny
City Council Code of Ethics
CITY OF ALBANY, CALIFORNIA
CITY COUNCIL CODE OF ETHICS
1, Ci~' Policies
Stand behind the City's spokesperson (generally the Mayor and/or City Administrator)
and leadership, Press releases should be from the Council, about the Councilor regarding
a Council consensus, However, minority opinions and viewpoints should be honored.
lndi\'iduals may speak individually. but should note that they are speaking on their O\\TI
behalf.
~ Build Teamwork
Be open with ideas. feelings and attitudes, Seek and gain an honest evaluation of your
ideas and recruit assistance in implementing them.
3. Show Respect, Effective Communication and Leadership
Respect your colleagues, For criticism to be effective it is best to be constructive.
Embarrassing a colleague or staff in public will likely be counter-productive, Follow
legitimate channels of communications with the staff Remember that staff performance
is a reflection of your leadership abilities; work together.
3, Try to Reach Decisions by Consensus
Better decisions can be made by a level of consensus. Openly voice your individual goals
and work to draft a solution to meet the largest number of those goals.
4, Value Your Vote
You were elected to express your opmlOns by voting on matters. Vote with your
constituency and your conscience in mind. If there are conflicting goals, vote for the
higher purpose, If you have a conflict of interest, abstain from voting,
5, Give Political Assent
Accept the results of a Council vote and an election. Respect the dccision of the group.
6. Respect Non-Partisanship
The strength oflocal government in California is that it is non-partisan; be dedicated to
the preservation of this system.
7, Brown Act
Be forthright in the City Council's support and adherence to the Brown Act
CITY COUNCIL RULES OF CONDUCT POLICY
L City Councilmembers shall not interfere with the powers and duties of the City
Administrator.
a, City Councilmembers shall not attempt to interfere with the intemal operations
of any City department.
b, The City CounciL as a body and individually, will exercise its authority In
personnel matters through the City Administrator.
c, City Councilmembers shall not enter the unoccupied offices or unattended files
of any City employee without the express consent of the City Administrator.
~
City Councilmembers shall keep confidential such matters as are properly before the
City Council in Executive Session.
3, City Councilmembers shall not make any statement that s/he is representing official
policy of the entire City Council unless the statement has been approved by the City
CounciL
4, City Councilmembers shall not attempt to usurp the independent judgment and
function of employees,
5, City Councilmembers shall permit Committees, Boards and Commissions to function
independently so that recommendations coming from such Boards and Commissions
retlect the thinking of the appointed members.
6, The City Administrator shall report to the City Council any violations of the above
rules which come to his/her attention
City of Atascadero
Council Norms and Procedures
(2007)
CITY OF AT ASCADERO
COUNCIL NORMS AND PROCEDURES (2007l
GENERAL
. To take courageous action when necessary to keep the City of Atascadero a well
run, well managed innovative City.
. Council provides leadership and participates in regional, state and national
programs and meetings,
. Council looks to commissions and committees for independent advice,
. Other community leaders are consulted in the decision making process when
appropriate,
. There is extensive citizen participation and work on City programs and
documents,
. There are numerous meetings, other than regular council meetings.
. We stress training for staff, council, and commission members,
. Council Members will inform the City Manager's Administrative Assistant when
they will be out of town as early as possible and it will be put on the Council
Calendar.
. Council Members get the same information as much as possible: citizen
complaints, letters, background, etc.
. Council Members will determine which specific commission packets they want to
receive.
. Use technology to improve information flow and communications,
. Return unwanted reports and documents to staff for distributing to the public or
for recycling,
Council Norms and Procedures (2007)
Page 2 of 8
COUNCIL VALUES
. The Council and City Manager are a participatory team.
. The Council values high energy, open mindedness, and achievement orientation,
. Council Members will care and have respect for each other as individuals,
. Council Members will be straightforward; with no hidden agendas.
. The City Council values humor.
. Traditions are respected, but not binding.
COUNCIL INTERACTION AND COMMUNICATION
. Individuals are responsible to initiate resolution of problems ASAP. and not let
them fester,
. City Council will not direct cheap shots at each other during public meetings, in
the press, or any other place/time.
. Relationships are informal, but not casual in public [beware of impact on, and
perception of, public].
. Council Members will be flexible in covering for each other.
. Substantive Council/Manager items are to receive advance notice and public
notification,
. Council Committees:
- Committee areas belong to the whole Council; they are not seen as territorial.
Committees are responsible to keep rest of Council informed, and other
members are responsible for letting committee know if they want more
information or to give input
Before committees start moving in new direction, they will get direction from
the rest of Council.
Council Norms and Procedures (2007)
Page 3 of 8
Committee reports will be made under Council Reports, when appropriate.
Committee summaries will be sent on an interim basis to update other
Council Members on:
o Issues being discussed
o Options being considered
o Progress
. Council and committees will give clear and focused direction as early as
possible,
COUNCIL INTERACTION AND COMMUNICATION WITH STAFF
City Manaqer
. Council Members should always feel free to go to the City Manager
. When a Council Member is unhappy about a department, he/she should always
talk it over with the City Manager and/or the Assistant City Manager - not the
department head.
. Concerns about a department head must be taken to the City Manager only.
. Critical information will b& passed to all City Council Members by appropriate
personnel.
. The Council will provide ongoing feedback, information, and perceptions to the
City Manager, including some response to written communications requesting
feedback,
. The City Manager or the Assistant City Manager deals with issues that cross
department boundaries.
Staff in General
. Council can talk with department heads if asking for information, assistance or
follow up,
Council Norms and Procedures (2007)
Page 4 of 8
. Council will always be informed by staff when an unusual event occurs that the
public would be concerned about, Le" anyone wounded by gunfire, area
cordoned off by police or fire, etc,
. The Council and staff will not blind side each other in public; if there is an issue
or a question a Council Member has on an agenda item, that member will contact
staff prior to the meeting,
City Attornev
. Contract Attorney will routinely forward relevant new legislation to the City
Council.
. City Attorney shall be pro-active with Council, Manager and Staff when and
where appropriate,
. City Attorney to regularly consult with Council on items of concern on upcoming
agenda at the earliest time possible,
. City Attorney will track Commissions' actions, agenda of City Council and
committees for needed input.
. City Attorney to pro-actively inform and protect City Council Members from
potential violations and conflicts,
COUNCIL OPTIONS FOR KEEPING INFORMED
. Read Commission Minutes in order to find out what is being worked on.
. Read documents on Planning items,
. City Manager will discuss future Agenda topics with Council Members.
. Council members will do their homework,
. There is extensive use of staff and commission reports, and commission
minutes,
Council Norms and Procedures (2007)
Page 5 of 8
MAYOR SELECTION
. Council follows Resolution 2006-084 concerning Mayor/Mayor Pro Tem
selection (Attached)
MAYOR'S ROLE
. Each Mayor is unique; the role is defined by the person, based on that person's
style,
. The Mayor is the spokesperson for the City.
. The Mayor will inform the Council of any informal correspondence sent out to
anyone in relation to City business - use e-mail whenever possible.
. The Mayor communicates with Commission Chairs.
CITIZEN COMPLAINTS
. Staff will attach their response to the copy of the letter received when sending to
Council.
. By City Manager discretion, Council will be informed of significant, urgent and
repetitive complaints,
. Staff will draft a copy of responses for Council to use; letters over Council
signatures checked out with signatory.
. Council should not attempt to fix Citizens' problems on their own; it will be
referred to the City Manager.
. Responses to citizens are customized.
. Copies of responses to be included in individual packets.
. If a Council Member wants action based on a citizen's complaint, they should go
through the City Manager's office to ensure it gets into the tracking system.
Council Norms and Procedures (2007)
Page 6 of 8
. The level of detail in written responses will be selective,
. Generally, communications are acknowledged with discretion,
PUBLIC MEETINGS
. City Manager sets the Agenda for regular City Council meetings - per the
Ordinance
. Public comment shall be received on all action items.
. Any Council Member can place an item on the agenda under Council
Announcements and Reports.
. City Council members will treat everyone equally and with courtesy.
. Corrections to minutes are passed to the City Clerk before the meeting.
. Each member may share his/her views about the issue and the reasons for
his/her vote.
. Consent Calendar
There is judicious use of the Consent Calendar, such as minutes, routine City
business, and things already approved in the budget.
if a Council Member has a question on a Consent Calendar item for their
information only, they are to ask staff ahead of time, rather than having it
pulled off for discussion during the meeting.
Staff is prepared to report on every agenda item.
. Public Comment
Procedure will include: Staff Report, questions from Council, applicant report,
public comment, close Public Hearing, any staff response, and bring item
back to Council for discussion.
Once public comment is closed, further public input will not be allowed unless
re-opened by Mayor.
Council Norms and Procedures (2007)
Page 7 of 8
Applicant's comments shall be limited to a reasonable time.
Public comments shall be limited to 5 minutes per speaker; per Municipal
Code.
It is acceptable to ask questions of a speaker for clarification.
Each speaker will be thanked,
Council will not respond until all public comment has been reviewed,
Mayor allows other members to speak first and then gives his/her views and
summarizes,
. Votinq
Everyone speaks before a motion.
- Attempts will be made to get consensus on significant policy issues.
Department heads will generally attend every meeting; other staff attendance
at Council meetings is at the City Manager's discretion.
Council Member discussions will not be redundant if they concur with what
has already been said,
. Closed Session
Council will get written reports for Closed Session items as much as possible;
these reports are to be turned in at the end of the meeting.
City Manager will ask for pre-meeting closed sessions if it will save the City
money (due to consultant fees, etc.); to be held no earlier than 5:00 p.m.
No violation of Closed Session confidentiality.
. Special Meetinqs
Special meetings may be called by Mayor, or a majority of the Council,
pursuant to the Brown Act.
Council Norms and Procedures (2007)
Page 8 of 8
MUNICIPAL ELECTIONS
. Will be discussed during Election Reform
COMMISSIONS
. Problem solving issues with commissions will be done as much as possible with
chairs and vice chairs,
. Commission chairs meet quarterly with the Mayor and Mayor Pro Tem to provide
feedback and be kept informed,
. Commission needs:
To know Council vision, community vision, and General Plan 2025
Understanding of their roles and authority.
To know annual prioritized goals of the City Council.
All commissioners receive an annual training.
. Criteria for commissioner for re-appointment (and in extreme cases, removal)
shall include:
Issues of conflicts of interest.
- Attendance (missing two meetings without excuse).
Support of General Plan,
Respect for staff/public.
Working for community versus personal purposes,
City of Fairfield
Code of Conduct
CITY OF FAIRFIELD
CODE OF CONDUCT
for members of City Council and Commissions
Preamble
The residents and businesses of Fairfield are entitled to have fair, ethical and accountable local
government, which has earned the public's full confidence for integrity. The effective
fimctioning of democratic government therefore requires that:
. Public officials, both elected and appointed, comply with both the letter and spirit
of the laws and policies affecting the operations of government;
. Public officials be independent, impartial and fair in their judgment and actions;
. Public office be used for the public good, not for personal gain; and
. Public deliberations and processes be conducted openly, unless legally
confidential, in an atmosphere of respect and civility.
To this end, the Fairfield City Council has adopted a Code of Conduct for members lofthe City
Council and the City's commissions to assure public confidence in the integrity oflocal
government and its effective and fair operation.
I For ease of reference in the Code of Conduct, the term "member" refers to any member oftbe Fairfield City
Councilor any of the City's commissions established by the City CounciL
11245,OOOll869875vl
City of Fairfield Code of Conduct
Page 2 of5
1. Act in the Public Interest
Recognizing that stewardship of the public interest must be their primary concern,
members will work for the common good of the people of Fairfield and not for any
private or personal interest, and they will assure fair and equal treatment of all persons,
claims and transactions coming before the City Council and the City' 5 commissions.
2. Comply with the Law
Members shall comply with the laws of the federal government, the State ofCalifomia
and the City of Fairfield in the performance of their public duties. These laws include,
but are not limited to: the United States and California constitutions; the City Code; laws
pertaining to conflicts of interest, election campaigns, financial disclosures, employer
responsibilities, and open processes of government; and City ordinances and policies.
3. Conduct of Members
The professional and personal conduct of members must be above reproach and avoid
even the appearance of impropriety. Members shall refrain from abusive conduct,
personal charges or verbal attacks upon the character or motives of other members of the
Council and commissions, the staff or the public.
4. Respect for Process
Members shall perform their duties in accordance with the processes and rules of order
established by the City Council and commissions governing the deliberation ofpuhlic
policy issues, the involvement of the public, and the implementation of policy
decisions of the City Council by City staff.
5. Conduct of Public Meetings
Members 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 of the body; or otherwise interfering with the orderly conduct of meetings.
6. Decisions Based on Merit
Members shall base their decisions on the merits and substance of the matter at hand,
rather than on unrelated considerations.
11245,OOOI\869875vl
City of Fairfield Code of Conduct
Page 3 of5
7. Communication
Members shall publicly share substantive information that is relevant to a matter under
consideration by the Councilor commissions, which they may have received from
sources outside of the public decision-making process.
8. Conflict oflnterest
In order to assure their independence and impartiality on behalf of the common good,
members shall not use their official positions to influence government decisions in which
they have a material fmancial interest, or where they have an organizational
responsibility or personal relationship, which may give the appearance of a conflict of
interest.
9. Gifts and Favors
Members shall not take any special advantage of services or opportunities for personal
gain, by virtue of their public office, that are 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.
10. Confidential Information
Members 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
11. Use of Public Resources
Members shall not use public resources not available to the public in general, such as
City staff time, equipment, supplies or facilities, for private gain or personal pUlposes.
12. Representation of Private Interests
In keeping with their role as stewards of the public interest, members of the Council shall
not appear on behalf of the private interests of third parties before the Council or any
commissions or proceedings of the City, nor shall members of commissions appear
before their own bodies or before the Council on behalf of the private interests of third
parties on matters related to the areas of service of their bodies,
11245.00011869875vl
City of Fairfield Code of Conduct
Page 4 of 5
13. Advocacy
Members shall represent the official policies or positions of the City Councilor
commissions to the best of their ability when designated as delegates for their purpose.
When presenting their individual opinions and positions, members shall explicitly state
they do not represent their body or the City of Fairfield, nor will they allow the inference
that they do,
14. Policy Role of Members
Members shall respect and adhere to the council-manager structure of city government as
provided by state law and the City Code. In this structure, the City Council determines
the policies ofthe City with the advice, information and analysis provided by the public,
commissions, and City staff.
Members therefore shall 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.
1 S. Independence of Boards and Commissions
Because of the value of the independent advice of commissions to the public decision-
making process, members of Council shall refrain from using their position to unduly
influence the deliberations or outcomes of commission proceedings.
16. Positive Work Place Environment
Members shall support the maintenance of a positive and constructive work place
environment for City employees and for residents and businesses dealing with the City.
Members shall recognize their special role in dealings with City employees to in no way
create the perception of inappropriate direction to staff.
17. Implementation
As an expression of the standards of conduct for members expected by the City, this
Code of Conduct is intended to be self-enforcing. It therefore becomes most effective
when members are thoroughly familiar with it and embrace its provisions.
For this reason, ethical standards shall be included in the regular orientations for
candidates for City Council, applicants to commissions, and newly elected and appointed
officials. Members entering office shall sign a statement affirming that they read and
understand the City of Fairfield Code of Conduct
11245,0001\869875vl
City of Fairfield Code of Conduct
Page 5 of 5
IS. Compliance and Enforcement
The Fairfield Code of Conduct expresses standards of ethical conduct expected for
members of the City Council and commissions. Members themselves have the primary
responsibility to assure that ethical standards are understood and met, and that the public
can continue to have full confidence in the integrity of government
The chairs of commissions and the Mayor have the additional responsibility to intervene
when actions of members that appear to be in violation the Code of Conduct are brought
to their attention.
The City Council may impose sanctions on members whose conduct does not comply
with the City's ethical standards, such as reprimand, formal censure, loss of seniority or
committee assignment, or budget restriction. The City Council also may remove
members of commissions from office.
A violation of this Code of Conduct shall not be considered a basis for challenging the
validity of a Councilor commission decision.
11245,OOOI\869875vl
City of Laguna Woods
Administrative Policy 1.2
Council Meetings - Rules of Decorum
CITY OF LAGUNA WOODS
ADMINISTAATIVE POLICY 1.2
COUNCIL MEETINGS - RULES OF DECORUM
1.2.01 To insure that government is conducted in the City of Laguna
Woods in an orderly, fair and open way, and that the rights of the people to
speak and be heard on matters of public interest are protected.
1.2.02 ROLE OF THE MAYOR
The Mayor is the presiding officer at all City Council meetings. The Mayor
shall require that all comments be directed to the Mayor and cross talk
between Councilmembers or with the public shall be ruled out of order. In
the Mayor's absence, the Mayor Pro Tern shall be the presiding officer at
City Council meetings.
1.2.03 RULES OF DECORUM FOR COUNCILMEMBERS
A. While the City Council is in session, all Councilmembers shall
preserve order and decorum. No Councilmember shall delay or
interrupt the proceedings of the Council or disturb any member
while he or she is speaking.
B. Discussion by Councilmembers must relate to the subject matter
at hand and shall be relevant and pertinent to allow for the
expeditious disposition and resolution of the business before the
City Council.
C. Councilmembers shall not engage in any indecorous, abusive or
vulgar language and shall avoid personal attacks on any other
member of the City Council, staff or the public; nor shall they
publicly impugn the integrity, honesty or motives of such
individuals.
D. Once recognized by the Mayor, a Councilmember shall not be
interrupted when speaking unless called to order by the Mayor,
unless a point of order or personal privilege is raised by another
3. The purpose of addressing the Council is to formally
communicate to the Council on matters relating to City
business or citizen concerns. Persons addressing the Council
on an agenda item shall confine the subject matter of their
remarks to the particular matter before the Council.
4. Each person addressing the City Council shall do so in an
orderly manner and shall not engage in any conduct that
disrupts, disturbs or otherwise impedes the orderly conduct of
the Council meeting. Any person who so disrupts the meeting
shall be subject to ejection from that meeting by the Mayor or
a majority of the members of the City Council.
5. Persons addressing the City Council shall address the Council
as a whole and shall not engage in a dialogue with individual
Councilmembers, City staff or members of the audience.
1.2.05 RULES OF ORDER FOR CITY COUNCIL MEETINGS
The City Council shall conduct business by motion in accordance with the
following rules of order.
A Obtaining the Floor: Any Councilmember wishing to speak must
first obtain the floor by being recognized by the Mayor. The
Mayor must recognize any Councilmember who seeks the floor
when appropriately entitled to do so. Councilmembers shall
confine remarks to the question under debate.
B. Time Limits: Time limits on motions, agenda items and items
added on a subsequent need basis are as follows: Any member of
the public who wishes to address the City Council and has
submitted a "request to speak" form to the City Clerk before that
item is called by the Mayor shall be given three (3) minutes to
speak. The Mayor, without objection from the Council, may
extend the three (3) minute time limit at his or her discretion.
Members of the City Council shall be given six (6) minutes to
speak on any item. The Mayor, without objection from the
Council, may extend this limit at his or her discretion.
3
2. The City Manager and/or City Attorney determine that
the facts or legality of the issue(s) has changed to the
extent that reconsideration is warranted.
3. A member of the voting majority at the time the action
was taken, requests reconsideration.
F. Procedural Rules of Order. Once the main motion is properly
placed on the floor, several related motions may be employed in
addressing the main motion and, if properly made and seconded,
must be disposed of before the main motion can be acted upon.
The following motions are appropriate and may be made by the
Mayor or any Councilmember at any appropriate time during the
discussion of the main action. They are listed in order of
precedence. The first three subsidiary motions are not debatable;
the last three are debatable.
I. Subsidiary Motions
a. Motion to Lay on the Table/or Postpone. Any
Councilmember may move to lay the matter under
discussion on the table. This motion suspends any
further discussion of the pending motion without
setting a time certain to resume debate. In order to
bring the matter back before the City Council, a
motion must be adopted that the matter be taken
from the table at the same meeting at which it was
placed on the table. Otherwise the motion that
was tabled dies, although it can be raised later as a
new motion, if the matter is properly noticed on
the agenda. The motion requires a second and a
majority of the quorum present to pass.
b. Motion on Previous Question. Any
Councilmember may move to immediately bring
the question being debated by the Council to a
vote, suspending any further debate. The motion
must be made and seconded without interrupting
5
2. Motions of Privilege, Order and Convenience. The
following actions by the Council are to ensure orderly
conduct of meetings and for the convenience of the
Mayor and Councilmembers. These motions take
precedence over any pending main or subsidiary motion
and may be debated except as noted.
a. Call for Orders of the Day. Any Councilmember
may demand that the agenda be followed in the
order stated therein. No second is required and the
Mayor must comply unless the Council, by
majority vote, sets aside the agenda order of the
day. This motion is not debatable.
b. Question of Personal Privilege. The right of a
Councilmember to address the Council on a
question of personal privilege shall be limited to
cases in which that Councilmember's integrity,
character or motives are questioned, or where the
welfare of the City Council is concerned. Any
Councilmember raising a point of personal
privilege may interrupt another Councilmember
who has the floor only if the Mayor recognizes the
privilege. The validity of a specific question of
privilege is ruled on by the Mayor.
c. Recess. Any Councilmember may move for a
recess. No second is required and the Mayor must
comply unless the Council, by majority vote, sets
aside the motion.
d. Adjourn. Any Councilmember may move to
adjourn at any time even if there is business
pending. The motion requires a second and a
majority vote of the quorum present is required to
pass. The motion is not debatable.
e. Point of Order. Any Councilmember may require
the Mayor to enforce the rules of the Council by
7
the action to rescind, repeal or annul complies
with all the rules applicable to the initial adoption,
including any special voting or notice
requirements or unless otherwise specified by law.
k. Point of Clarification. Any Councilmember may
request clarification of the action taken or to be
taken on a matter.
1. Roberts Rules of Order. These Rules of Decorum
and Rules of Order for the Conduct of City
Council Meetings are intended to be the rules
under which the City Council operates on a
regular basis. Any issue that arises that has not
been contemplated by these rules shall be
governed by the most current versions of Roberts
Rules of Order or by such other protocols and
rules of order as the Council may adopt
1.2.06 ENFORCEMENT
A Upon a violation of the rules of decorum established herein the
procedure to enforce the rules is as follows:
I. Warning. The Mayor shall first request that a person
who is violating the rules cease such conduct If, after
receiving a request from the Mayor, the person persists
in violating these rules, the Mayor shall have the
authority to order the person ejected from the meeting
and/or cited in violation of Penal Code Section 403.
2. Clearing the Room. If any meeting is willfully
interrupted by a group or groups of persons so that
orderly conduct of such meeting is unfeasible and order
cannot be restored by the removal of the individuals
who are willfully interrupting the meeting, the meeting
room may be ordered cleared by the Mayor or a
majority of the members of the City Council, and the
meeting shall continue in session. Only matters
9
City of La Palma
Council Policy
CITY OF LA PALMA
COUNCIL POLICY
NlIMBER: 30
DATE ADOPTED/AMENDED: August 16,2005
SUBJECT: Council Norms
POLICY:
General
], The City Council norms are intended to guide City Council, City Manager and
staff behavior, to promote a positive, productive, effective organization and to
inspire public trust in the City of La Palma and the services it provides,
~ The City Manager is responsible for holding the staff accountable for adherence to
the City Council norms,
3, The City Council is responsible for holding each other accountable for adherence
to the City Council norms.
Council Interaction and Communication
I, Public confidence in the City of La Palma depends on the behaviors and
interactions of its elected leaders. City Councilmembers shall strive to show
courtesy and respect for one another in all public settings.
2. Councilmembers will be flexible in covering for each other, and explain each
other's absences to the public when appropriate,
3. Council Sub-committees:
a. The Mayor shall make appointments to City Council subcommittees, after
determining individual Councilmember interest
b. Subcommittees are responsible for keeping the rest of Council informed; other
Councilmembers are responsible for letting subcommittee members know if
they want more information
c. Subcommittee members will refrain from giving mixed direction to staff.
When there is a disagreement between Subcommittee members, staff will be
excused from the discussion or from implementing direction until such time as
the disagreement has been resolved.
Council Policy No, 30
Council Norms
Page :2
,
~.
Communication with the City Manaeer and Staff
1. In generaL Council members should call the City Manager before going to the
Department Directors. Councilmembers should always go through the City
Manager to direct staff to do research on items. The City Council may go to the
Department Directors for answers to simple questions,
When City Council members email Department Directors or staff for information,
they should copy the City Manager as a courtesy.
Department Directors and staff will keep the City Manager informed of any
communication with City Councilmembers.
"
,f, When a Council member is unhappy with or has concerns about a City employee,
they shall discuss it directly with the City Manager.
" The City Manager or their designee shall inform the City Council whenever an
unusual event occurs that the public would be concerned about, i.e., anyone
wounded by gunfire, area cordoned off by police or fire, significant emergency
event. etc,
6, The City Council, City Manager and staff shall not blindside each other in public.
7, The City Council shall not criticize staff in public,
8, The Council should refer citizen complaints to staff and give them adequate time
to respond, Staff will report back to the City Council through the City Manager
on the resolution of citizen complaints that have been forwarded to them by a
Councilmember. When a citizen requests a written response to their complaint,
staff will assist the Mayor or City Councilmember in drafting an appropriate
response,
9. Answers to an individual City Council member's inquiry will be shared with all of
the Council members through the City Manager's Weekly Report.
Council Preparation
1. Councilmembers shall do their homework and make an effort to be prepared.
2, The City Manager will periodically publish a list of upcoming issues and agenda
items in the Weekly Report.
3, Staff will make every effort to provide large staff reports or "white papers" on
complex issues to the City Council in advance of the printing of the official
agenda,
Council Policy No. 30
Council Norms
Page 3
BACKGROUND:
The purpose of the document is to establish in writing a set of norms that the City
Council, City Manager and staff will strive to abide by in their interactions with each
other and with the public, In August 2005 this policy was established to replace prior
versions. and was based on items agreed upon at a City Council Team Building and Goal
Setting Retreat held in January 2005. Other policies that were contained in the old
version (such as the "Role of Mayor," and "Public Meetings and Meeting Agendas" are
now reflected in new. stand-alone policies.
City of Palo Alto
Council Protocols
CITY OF PALO ALTO COUNCIL PROTOCOLS
(Updated 12.05.05)
All Council Members
All members of the City Council, including those serving as Mayor and Vice Mayor. have
equal votes, No Council Member has more power than any other Council Member, and
all should be treated with equal respect
All Council Members should:
. Demonstrate honesty and integrity in every action and statement
. Comply with both the letter and spirit of the laws and policies affecting the operation
operations of government
. Serve as a model of leadership and civility to the community
. Inspire public confidence in Palo Alto government
. Work for the common good. not personal interest
. Prepare in advance of Council meetings and be familiar with issues on the agenda
. Fully participate in City Council meetings and other public forums while
demonstrating respect. kindness. consideration. and courtesy to others
. Participate in scheduled activities to increase Council effectiveness
. Review Council procedures. such as these Council Protocols. at least annually
. Represent the City at ceremonial functions at the request of the Mayor
. Be responsible for the highest standards of respect. civility and honesty in ensuring
the effective maintenance of intergovernmental relations
. Respect the proper roles of elected officials and City staff in ensuring open and
effective government
. Provide contact information to the City Clerk in case an emergency or urgent
situation arises while the Council Member is out of town
Council Conduct with One Another
Councils are composed of individuals with a wide variety of backgrounds. personalities.
values. opinions. and. goals. Despite this diversity. all have chosen to serve in public
office in order to improve the quality of life in the community. In all cases. this common
goal should be acknowledged even as Council may "agree to disagree" on contentious
issues,
In Public MeetinCls
. Use formal titles. The Council should refer to one another formally during Council
meetings as Mayor, Vice Mayor or Council Member followed by the individual's last
name.
. Practice civilitv and decorum in discussions and debate, Difficult questions, tough
challenges to a particular point of view, and criticism of ideas and information are
legitimate elements of a free democracy in action. Be respectful of diverse opinions.
. Honor the role of the oresidinCl officer in maintaininCl order and eCluitv. Respect the
Chair's efforts to focus discussion on current agenda items. Objections to the Chair's
actions should be voiced politely and with reason, following the parliamentary
procedures outlined in the City Council Procedural Rules.
. Demonstrate effective oroblem-solvinCl aooroaches. Council Members have a public
stage to show how individuals with disparate points of view can find common ground
and seek a compromise that benefits the community as a whole, Council Members
are role models for residents, business people and other stakeholders involved in
public debate.
. Be resoectful of other oeoole's time. Stay focused and act efficiently during public
meetings.
In Private Encounters
. Treat others as vou would like to be treated, Ask yourself how you would like to be
treated in similar circumstances, and then treat the other person that way.
Council Conduct with City Staff
The key provisions on Council-staff relations found in section 2.04.170 of the Palo Alto
Municipal Code:
"Neither the council nor any of its committees or members shall direct, request or
attempt to influence, either directly or indirectly, the appointment of any person to office
or employment by the city manager or in any manner interfere with the city manager or
prevent the city manager from exercising individual judgment in the appointment of
officers and employees in the administrative service. Except for the purpose of inquiry,
the council and its members shall deal with the administrative service solely through the
city manager, and neither the council nor any member thereof shall give orders to any of
the subordinates of the city manager, either publicly or privately. '
Governance of a City relies on the cooperative efforts of elected officials, who set policy,
and City staff, which analyze problems and issues, make recommendations, and
implement and administer the Council's policies. Therefore, every effort should be made
to be cooperative and show mutual respect for the contributions made by each individual
for the good of the community.
. Treat all staff as orofessionals. Clear, honest communication that respects the
abilities, experience, and dignity of each individual is expected. As with your Council
colleagues, practice civility and decorum in all interactions with City staff.
2
. Channel communications throuch the aoorooriate senior Citv staff. Questions of City
staff should be directed onlv to the City Manager, Assistant City Manager. City
Attorney, City Clerk, Assistant City Clerk, City Auditor, Senior Assistant City
Attorneys, or Department Heads, The Office of the City Manager should be copied
on any request to Department Heads. Council Members should not set up meetings
with department staff directly, but work through Department Heads, who will attend
any meetings with Council Members. When in doubt about what staff contact is
appropriate, Council Members should ask the City Manager for direction. However,
nothing in these protocols is intended to hinder the access Council-appointed
liaisons (e,g. to the San Francisquito JPA or NCPA) may require in order to fulfill
their unique responsibilities.
. In order to facilitate ooen covernment all Council Members should make decisions
with the same information from staff on acendized or soon-to-be acendized items
(I.e. items on the tentative agenda or in a Council Committee).
. Never oubliclv criticize an individual emolovee. includinc Council-Aooointed Officers.
Criticism is differentiated from questioning facts or the opinion of staff, All critical
comments about staff performance should only be made to the City Manager through
private correspondence or conversation, Comments about staff in the office of the
City Attorney, City Auditor or City Clerk should be made directly to these CAOs
through private correspondence or conversation,
. Do not cet involved in administrative functions, Avoid any staff interactions that may
be construed as trying to shape staff recommendations. Council Members shall
refrain from coercing staff in making recommendations to the Council as a whole.
. Be cautious in reoresentinc Citv oositions on issues. Before sending
correspondence related to a legislative position, check with City staff to see if a
position has already been determined. When corresponding with representatives of
other governments or constituents, remember to indicate if appropriate that the views
you state are your own and may not represent those of the full Council.
. Do not attend staff meetincs unless recuested bv staff. Even if the Council Member
does not say anything, the Council Member's presence may imply support, show
partiality, intimidate staff, or hampers staffs ability to do its job objectively.
. Resoect the .one hour" rule for staff work. Requests for staff support should be
made to the appropriate senior staff member, according to the protocol for
channeling communications. Any request, which would require more than one hour
of staff time to research a problem or prepare a response, will need to be approved
by the full council to ensure that staff resources are allocated in accordance with
overall council priorities. Once notified that a request for information or staff support
would require more than one hour, the Council Member may request that the City
Manager place the request on an upcoming Council agenda.
. Deoend uoon the staff to resoond to citizen concerns and comolaints. It is the role of
Council Members to pass on concerns and complaints on behalf of their constituents.
It is not, however, appropriate to pressure staff to solve a problem in a particular
3
way. Refer citizen complaints to the appropriate senior staff member, according to
the protocol on channeling communications. The senior staff member should
respond according to the Policy and Procedure for Responding to Customer
Complaints. Senior staff is responsible for making sure the Council Member knows
how the complaint was resolved.
. Do not solicit political support from staff. The City Charter states that "Neither the
city manager or any other person in the employ of the city shall take part in securing
or shall contribute any money toward the nomination or election of any candidate for
a municipal office." In addition, some professionals (e.g., City Manager and the
Assistant City Manager) have professional codes of ethics, which preclude politically
partisan activities or activities that give the appearance of political partisanship.
Council Conduct With Palo Alto Boards and Commissions
The City has established several Boards and Commissions as a means of gathering
more community input Citizens who serve on Boards and Commissions become more
involved in government and serve as advisors to the City Council. They are a valuable
resource to the City's leadership and should be treated with appreciation and respect
Council Members serve as liaisons to Boards and Commissions, according to
appointments made by the Mayor, and in this role are expected to represent the full
Council in providing guidance on Council processes or actions to the Board or
Commission. Refrain from speaking for the full Council on matters for which the full
council has not yet taken a policy position. In other instances, Council Members may
attend Board or Commission meetings as individuals, and should follow these protocols:
. If attendinQ a Board or Commission meetinQ. identify vour comments as personal
views or opinions. Council Members may attend any Board or Commission meeting,
which are always open to any member of the public, Any public comments by a
Council Member at a Board or Commission meeting, when that Council Member is
not the liaison to the Board or Commission, should be clearly made as individual
opinion and not a representation of the feelings of the entire City Council.
. Limit contact with Board and Commission members to Questions of clarification. It is
inappropriate for a Council Member to contact a Board or Commission member to
lobby on behalf of an individual, business, or developer, or to advocate a particular
policy perspective. It is acceptable for Council Members to contact Board or
Commission members in order to clarify a position taken by the Board or
Commission.
. Remember that Boards and Commissions are advisorv to the Council as a whole.
not individual Council Members. The City Council appoints individuals to serve on
Boards and Commissions, and it is the responsibility of Boards and Commissions to
follow policy established by the Council. Council Members should not feel they have
the power or right to unduly influence Board and Commission members. A Board or
Commission appointment should not be used as a political "reward."
. Concerns about an individual Board or Commission member should be pursued with
tact If a Council Member has a concem with the effectiveness of a particular Board
or Commission member and is comfortable in talking with that individual privately,
4
the Council Member should do so. Alternatively, or if the problem is not resolved, the
Council Member should consult with the Mayor, who can bring the issue to the
Council as appropriate.
. Be resoectful of diverse ooinions. A primary role of Boards and Commissions is to
represent many points of view in the community and to provide the Council with
advice based on a full spectrum of concerns and perspectives. Council Members
may have a closer working relationship with some individuals serving on Boards and
Commissions, but must be fair to and respectful of all citizens serving on Boards and
Commissions.
. Keeo oolitical suooort awav from oublic forums. Board and Commission members
may offer political support to a Council Member, but not in a public forum while
conducting official duties. Conversely, Council Members may support Board and
Commission members who are running for office, but not in an official forum in their
capacity as a Council Member.
. Maintain an active liaison relationshio. Appointed Council liaisons are encouraged to
attend all regularly scheduled meetings of their assigned Board or Commission, or to
arrange for an alternate.
Staff Conduct with City Council
. Resoond to Council auestions as fullv and as exoeditiouslv as is oractical. The
protocol for staff time devoted to research and response is in application here. If a
Council Member forwards a complaint or service request to a department head or a
Council Appointed Officer, there will be follow-through with the Council Member as to
the outcome.
. Resoect the role of Council Members as oolicv makers for the City Staff is expected
to provide its best professional recommendations on issues. Staff should not try to
determine Cauncil support for particular positions or recommendations in order to
craft recommendations. The Council must be able to depend upon the staff to make
independent recommendations, Staff should provide information about altematives
to staff recommendations as appropriate, as well as pros and cons for staff
recommendations and alternatives
. Demonstrate orofessionalism and non-oartisanshio in all interactions with the
community and in oublic meetinas
. It is imoortant for the staff to demonstrate resoect for the Council at all times. All
Council Members should be treated eauallv.
OTHER PROCEDURAL ISSUES
. Commit to annual review of imoortant procedural issues, At the beginning of each
legislative year, the Council will hold a special meeting to review the Council
protocols, adopted procedures for meetings, the Brown Act, conflict of interest, and
other important procedural issues.
5
. Don't ooliticize orocedural issues (e.o. minutes aooroval or aoenda order) for
strateoic ourooses,
. Submit ouestions on Council aoenda items ahead of the meetino. In order to focus
the Council meetings on consideration of policy issues and to maintain an open
forum for public discussion, questions which focus on the policy aspects of agenda
items should be discussed at the Council meeting rather than in one-on-one
communications with staff prior to the meetings. Any clarifications or technical
questions that can be readily answered can be handled before the meeting. Council
Members are encouraged to submit their questions on agenda items to the
appropriate Council Appointed Officer or Assistant City Manager as far in advance of
the meeting as possible so that staff can be prepared to respond at the Council
meeting,
. Resoect the work of the Council standino committees. The purpose of the Council
standing committees is to provide focused, in-depth discussion of issues. Council
should respect the work of the committees and re-commit to its policy of keeping
unanimous votes of the committees on the consent calendar.
. The Mavor and Vice Mavor should work with staff to clan the Council meetinos.
There are three purposes to the pre-Council planning meeting: 1) to plan how the
meeting will be conducted; 2) to identify any issues or questions that may need
greater staff preparation for the meeting; and 3) to discuss future meetings. The
purpose of the meeting is not to work on policy issues, Normally, only the Mayor and
Vice Mayor are expected to attend the pre-Council meetings with the City Manager
and other CAOs.
ENFORCEMENT
Council Members have the primary responsibility to assure that these protocols are
understood and followed, so that the public can continue to have full confidence in the
integrity of government As an expression of the standards of conduct expected by the
City for Council Members, the protocols are intended to be self-enforcing. They
therefore become most effective when members are thoroughly familiar with them and
embrace their provisions. For this reason, Council Members entering office shall sign a
statement affirming they have read and understood the Council protocols. In addition,
the protocols shall be annually reviewed by the Policy and Services Committee and
updated as necessary,
The citizens, businesses and organizations of the City are entitled to have fair, ethical
and accountable local government, which has earned the public's full confidence for
integrity, To this end, the City Council has adopted Council Protocols and this Code of
Ethics for members of the City Council to assure public confidence in the integrity of
local government and its effective and fair operation.
Comolv with Law: Members shall comply with the laws of the nation, the State of
California and the City in the performance of their publiC duties. These laws include but
are not limited to: the United States and Califomia constitutions, the city Charter, laws
6
pertaining to conflicts of interest, election campaigns, financial disclosures, employer
responsibilities and open processes of governments and City ordinances and policies.
Conduct of Members: The professional and personal conduct of members must be
above reproach and avoid even the appearance of impropriety. Members shall refrain
from abusive conduct, personal charges or verbal attacks upon the character or motives
of other members of the Council, boards and commissions, the staff or the public.
Resoect for Process: Members shall perform their duties in accordance with the
processes and rules of order established by the City Council governing the deliberation
of public policy issues, meaningful involvement of the public and implementation of
policy decisions of the City Council by City staff.
Decisions Based on Merit: Members shall base their decisions on the merits and
substance of the matter at hand. rather than on unrelated considerations.
Conflict of Interest: In order to assure their independence and impartiality on behalf of
the common good. members shall not use their official positions to influence 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
Gifts and Favors: Members commit to follow the laws that apply to accepting any gifts or
favors as a public official.
Confidential Information: Members 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 interests.
Use of Public Resources: Members shall not use public resources, such as City staff
time, equipment, supplies or facilities, for private gain or personal purposes.
Reoresentation of Private Interests: In keeping with their role as stewards of the public
interest. members of Council shall not appear on behalf of the private interests of third
parties before the Council or any other board, commission or proceeding of the City, nor
shall members of boards and commissions appear before their own bodies or before the
Council on behalf of the private interests of third parties on matters related to the areas
of service of their bodies.
Advocacv: Members shall represent the official policies or positions of the City Council,
board or commission to the best of their ability when designated as delegates for this
purpose. When presenting their individual opinions and positions, members shall
explicitly state they do not represent their body or the City, nor will they allow the
inference that they do.
Positive Work Place Environment: Members shall support the maintenance of a positive
and constructive work place environment for City employees and for citizens and
businesses dealing with the City. Members shall recognize their special role in dealings
with City employees to in no way create the perception of inappropriate direction to staff.
7
POLICY AND PROCEDURE FOR CITY COUNCIL
E MAILS FOR AGENDA-RELATED ITEMS
Policy
The Council-adopted protocols provide a framework for the policy on e mail
communications between Council Members and staff on agenda-related items, including
the following:
. In order to facilitate open government, all Council Members should make decisions
with the same information from staff on agendized or soon-to-be agendized items
(Le, items on the tentative agenda or in a Council Committee).
. Submit questions on Council agenda items ahead of the meeting. In order to focus
the Council meetings on consideration of policy issues and to maintain an open
forum for public discussion, questions which focus on the policy aspects of agenda
items should be discussed at the Council meeting rather than in on-on-one
communications with staff prior to the meetings. Any clarifications or technical
questions that can be readily answered can be handled before the meeting. Council
Members are encouraged to submit their questions on agenda items to the
appropriate Council Appointed Officer or Assistant City Manager as far in advance of
the meeting as possible so that staff can be prepared to respond at the Council
meeting,
In its settlement agreement with the San Jose Mercury News of February 2003, the City
Council agreed to consider a policy under which the Council would waive any
deliberative or other privilege, other than attorney-client privilege, that it might assert with
regards to e mails on agendized items. This policy and procedure implements that
agreement. The Council, in adopting this policy, does not waive attorney-client- privilege
or any other privilege associated with a closed session authorized under the Brown Act.
Procedure
. Council Members should direct any questions on City Manager Reports (CMRs) to
the Assistant City Manager. Questions on reports from the City Auditor, City
Attorney or City Clerk should be directed to the appropriate Council Appointed
Officer. Council Members should not direct any questions on agenda items to other
members of the City Manager's staff or the staff of the other Council Appointed
Officers.
. Council Members will submit questions on agenda items no later than 9 a.m. on the
Monday of the Council meeting at which the item will be discussed. Any questions
received after that time may be responded to via email or, alternatively, will be
responded to at the Council meeting.
. Staff will not engage in "dialogues' with individual Council Members regarding
questions. Le. follow-up questions to initial questions will be responded to at the
Council meeting.
. Staff will give priority to responding prior to the Council meeting via email only on
items on the Consent Calendar. Questions which address the policy aspects of the
item on the Council agenda will not be responded to prior to the meeting~ , although
staff welcomes such questions in advance of the meeting in order to prepare for the
Council and publiC discussion. Technical and clarifying questions on non-Consent
Calendar items will be responded to as time permits,
8
. If the staff will be responding to a Council Member's Consent Calendar question at
the meeting rather than responding the questions via e mail. staff will inform the
Council Member as early as possible after receipt of the question{s).
. Questions and all staff-prepared responses will be forwarded to all Council Members
as well as put up on the special web page created for public review of Council
agenda questions and staff responses. Staff will include the name of the Council
Member posing the questions in the "subject" field of the email response,
. Written copies of all Council Member agenda questions and staff responses will be at
Council places at the meeting; additional copies will be made available in the Council
chambers for members of the public,
9
~
~
City Council Procedures Handbook
V. Standing Committees
A. Policy. It is the policy of the 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.
1. Purpose, These rules are intended to enhance public participation and
committee meetings so that the best possible decisions can be made for Palo
Alto.
B, General Requirements, Council standing conunittees shall be subject to the
following procedural rules.
I. Quorum. A majority of the conunittee membership shall constitute a
quorum,
2. Referrals. Only the Councilor City Manager shall make referrals to the
standing conunittees. Referrals will generally be directed to only one of the
standing conunittees. Items may be withdrawn from the committee and
. taken up for consideration by the Council at any Council meeting with the
consent of a majority of the Council, and subject to any applicable noticing
or agenda posting requirements. Council members who submit matters to
the Council which are referred to a standing conunittee may appear before
the standing committee to which the referral has been made in order to speak
as proponents of the matter. Standing conunittee 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 Council present
I
\
)
I
3. Function of committees, The purpose and intent of conunittee 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
Council and the public, to the end that Council action will be expedited.
Actions of the conunittee shall be advisory recommendations only.
I
I
I
,
4. Minutes. The City Clerk shall be responsible for the preparation and
distribution to the 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 all
Council Members before the Council meeting at which the committee's
recommendations are to be discussed.
I
J
City Council Procedure! Handbook (Revised 4/13/09) V - ]
~
~
City Council Procedures Handbook
5, Report of committee, The minutes of each committee meeting shall
serve as the report to the CounciL Any member may write a separate report.
6, Agenda, The chairperson of each standing committee shall prepare the
agenda for committee meetings, the sequence of study being, within
reasonable limits of practicalitj, the same as the sequence of referraL
7, Public Participation, Public comment on agenda items will be limited
to a maximum of five minutes per speaker, or any alternate time limit
specified by the presiding officer.
8, Conduct of standing committee meetings. The chairperson of each
committee may conduct meetings with as much informality as is consistent
with 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.
9, Oral Communications, Opportunities for oral communications shall
be provided in the same manner as Council meetings,
VI. Election of Mayor
Palo Alto Municipal Code Section 2.04,060 governs the election of the Mayor.
Nominations for Mayor may be made by any individual Council Member and do not
require a second.
.......
. palo Alto Municipal Code, ~ 2.04.0BO(b).
ii Palo Alto Municipal Code, ~ 2,04.120(c}; 2.04.l50(b)
iii Palo Alto Municipal Code, !i 2.04.010 (b) .
iv Palo Alto Municipal Code, ~ 2.04.050 (a) .
,v Palo Alto Municipal Code, ~ 2.04,070(c)
vi Palo Alto Municipal Code, ~ 2.04.020.
vii Palo Alto Municipal Code, !i 2,04.030.
v>ii Palo Alto Municipal Code, !i 2.04.040.
City Council Procedures Handbook (Revised 4/13/09) V-2
City of Portsmouth
Portsmouth City Council
Operating Guidelines
PORTSMOUTH CITY COUNCIL OPERATING GUIDELINES
Revised October 2, 2006
1. The City Council is responsible for providing bold, new leadership for the City through a defined vision
and goals and the City Manager, City Attorney, City Clerk, and City Assessor will support its direction
through professional, creative management.
2. The City Council is responsible for setting clear direction and policies and for holding the City Manager
accountable for achieving those policies.
3. The City Manager manages the day-to-day operations of City government.
4. The Council will use specified time limits for agenda items to insure that it has adequate, joint dialogue
about policies it is considering. The Council Members will exercise self-management and individual
prompting to keep the agenda flowing to make certain that high quality discussion can occur.
5. After the Council reaches a consensus or the vote is taken, the Council will speak with "one voice,"
Once Council has taken a vote, Members will let the decision stand and avoid undermining the
Council's stated direction and decision,
6. After the decision is made, the Mayor serves as the spokesperson for the City Council's view on policy
matters,
7. The Council will be encouraged to grow personally and professionally through training and local, state,
and national conferences and are encouraged to share information with other Council Members on
important policy/municipal issues and the experience of other localities,
8. Council Members will be provided with information from staff and other Members on an equal basis so
that they are equally prepared to make good decisions,
9 The City Manager will ensure that the City Council is proactively informed on major policy issues or
issues that may attract media or public attention; likewise, the City Council will give the City Manager
notice if he or she learns of issues of concern (personnel, citizen, or process/system,)
10, The roles of the Mayor and Vice Mayor will be established through a consensus of the City Council,
unless otherwise established by state law or the City's Charter.
11, The Council will ensure that the diversity of the City is represented on its boards and commissions,
12. The Council will insure that the mission and work of its boards and commissions appropriately serve
the Council's vision and will evaluate and adjust as necessary.
13. Council Members will conduct themselves in a courteous and civil manner.
Portsmouth City Council Operating Guidelines, Revised 10-2-06, page 2
14, Individual Members of the Council will not divert management from Council-approved priorities with
personal to-do lists or with requests for information or action that may require significant staff resources
without the active approval of the majority of Council. The City Council will come to consensus about
major issues that need further exploration and analysis so as to judiciously assign tasks to the City
Manager and his staff,
15, The Council will insure that the liaison role is effective by making a personal commitment to attending
meetings and reporting objectively to the Council and by having dedicated, structured time on the
agenda for reporting,
16 Liaisons will be created and appointed with the consent of the Council.
-<-
City of Sunnyvale
Code of Ethics
CITY OF SUNNYVALE CODE OF ETHICS
For members of Sunnyvale City Council. Boards and Commissions
Adopted by the Sunnyvale City Council
June 27, 1995
Preamble
The citizens and businesses of Sunnyvale are entitled to have fair, ethical and accountable
local government which has earned the public's full confidence for integrity, In keeping
with the City of Sunnyvale Commitment to Excellence, the effective functioning of
democratic government therefore requires that:
public ofticials. both elected and appointed, comply with both the letter and spirit of the
laws and policies affecting the operations of government; public officials be independent,
impartial and fair in their judgment and actions; public office be used for the public good,
not for personal gain; and public deliberations and processes be conducted openly, unless
legally confidential, in an atmosphere of respect and civility.
To this end, the Sunnyvale City Council has adopted a Code of Ethics for members of the
City Council and of the City's boards and commissions to assure public confidence in the
integrity of local government and its effective and fair operation.
I. Act in the Public Interest
Recognizing that stewardship of the public interest must be their primary concern,
members will work for the common good of the people of Sunnyvale and not for any
private or personal interest, and they will assure fair and equal treatment of all persons,
claims and transactions coming before the Sunnyvale City Council, boards and
commissions.
2. Comply with the Law
Members shall comply with the laws of the nation, the State of Cali fomi a and the City of
Sunnyvale in the performance of their public duties. These constitutions; the Sunnyvale
City Charter; laws pertaining to conflicts of interest, election campaigns, financial
disclosures, employer responsibilities, and open processes of government; and City
ordinances and policies.
3. Conduct of Members
The professional and personal conduct of members must be above reproach and avoid
even the appearance of impropriety. Members shall refrain from abusive conduct,
personal charges or verbal attacks upon the character or motives of other members of
Council, boards and commissions, the staff or public.
4. Respect for Process
Members shall perform their duties in accordance with the processes and rules of order
established bv the City Council and board and commissions goveming the deliberation of
public policy' issues, meaningful involvement of the public, and implementation of policy
decisions of the City Council by City staff.
S. Conduct of Public Meetings
Members 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 of the body: or otherwise interfering with the orderly conduct of meetings.
6. Decisions Based on Merit
Members shall base their decisions on the merits and substance of the matter at hand,
rather than on unrelated considerations.
7. Communication
Members shall publicly share substantive information that is relevant to a matter under
consideration by the Councilor boards and commissions, which they may have received
from sources outside of the public decision-making process.
8. Conflict of Interest
In order to assure their independence and impartiality on behalf of the common good,
members 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.
In accordance with the law, members shall disclose investments, interests in real
property, sources of income, and gifts; and they shall abstain from participating in
deliberations and decision-making where conflicts may exist.
9. Gifts and Favors
Members shall not take any special advantage of services or opportunities for personal
gain, by virtue of their public office, that are 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.
10. Confidential Information
Members 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 interests,
11. Use of Public Resources
Members shall not use public resources not available to the public in general, such as
City staff time. equipment, supplies or facilities, for private gain or personal purposes.
12. Representation of Private Interests
In keeping with their role as stewards of the public interest, members of
Council shall not appear on behalf of the private interests of third parties before the
Councilor any board. commission or proceeding of the City, nor shall members of boards
and commissions appear before their own bodies or before the Council on behalf of the
private interests of third parties on matters related to the areas of service of their bodies,
13. Advocacy
\Icmbcrs shall represent the official policies or positions of the City Council, board or
commission to the best of their ability when designated as delegates for this purpose.
When presenting their individual opinions and positions, members shall explicitly state
they do not represent their body or the City of Sunnyvale, nor will they allow the
inference that they do,
I.t Policy Role of Members
Members shall respect and adhere to the council-manager structure of Sunnyvale city
government as outlined by the Sunnyvale City Charter. In this structure, the City Council
determines the policies of the City with the advice, information and analysis provided by
the public, boards and commissions, and City staff.
Except as provided by the City Charter, members therefore shall 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.
IS. Independence of Boards and Commissions
Because of the value of the independent advice of boards and commissions to the public
decision-making process, members of Council shall refrain from using their position to
unduly influence the deliberations or outcomes of board and commission proceedings.
16. Positive Work Place Environment
Members shall support the maintenance of a positive and constructive work place
environment for City employees and for citizens and businesses dealing with the City.
Members shall recognize their special role in dealings with City employees to in no way
create the perception of inappropriate direction to staff.
17. Implementation
As an expression of the standards of conduct for members expected by the City, the
Sunnyvale Code of Ethics is intended to be self-enforcing. It therefore becomes most
effective when members are thoroughly familiar with it and embrace its provisions.
For this reason, ethical standards shall be included in the regular orientations for
candidates for City Council, applicants to board and commissions, and newly elected and
appointed officials. Members entering office shall sign a statement affirming they read
and understood the City of Sunnyvale code of ethics. In addition, the Code of Ethics shall
be annually reviewed by the City Council, boards and commissions, and the City Council
shall consider recommendations from boards and commissions and update it as
necessary,
18. Compliance and Enforcement
The Sunnyvale Code of Ethics expresses standards of ethical conduct expected for
members of the Sunnyvale City Council, boards and commissions. Members themselves
have the primary responsibility to assure that ethical standards are understood and met,
and that the public can continue to have full confidence in the integrity of government
The chairs of boards and commissions and the Mayor have the additional responsibility
to intervene when actions of members that appear to be in violation of the Code of Ethics
arc brought to their attention.
The City Council may impose sanctions on members whose conduct does not comply
with the City's ethical standards, such as reprimand, formal censure, loss of seniority or
committee assignment. or budget restriction,
Under the City Charter, the City Council also may remove members of boards and
commissions from office,
A violation of this code of ethics shall not be considered a basis for challenging the
validity of a Council. board or commission decision.
MODEL OF EXCELLENCE
Sunnyvale City Council, Boards and Commissions
MEMBER STATEMENT
As a member of the Sunnyvale City Councilor ofa Sunnyvale board or commission, 1
agree to uphold the Code of Ethics for elected and appointed officials adopted by the City
and conduct myself by the following model of excellence. I will:
Recognize the worth of individual members and appreciate their individual talents,
perspectives and contributions;
Help create an atmosphere of respect and civility where individual members, City staff
and the public are free to express their ideas and work to their full potential;
Conduct my personal and public affairs with honesty, integrity, fairness and respect for
others;
Respect the dignity and privacy of individuals and organizations;
Keep the common good as my highest purpose and focus on achieving constructive
solutions for the public benefit;
A void and discourage conduct which is divisive or harmful to the best interests of
Sunnyvale;
Treat all people with whom I come in contact in the way I wish to be treated;
I affirm that I have read and understood the City of Sunnyvale Code of Ethics,
Signature Date
Name Office
Lawmakers want to limit text messages, e-mails - LA Daily News
Page 1 of 3
dailynews.com
Nmakers want to limit
text messages, e-mails
Evelyn Nieves, The Associated Press
Updated: 03/21/2010 11:37:30 AM PDT
The Motorola Devour with Motoblur 3G phone has a
Iy' '~l-jed aluminum exterior and user-friendly Android
ng software, the Devour lets you surf the Web,
a-mail and update your Facebook status with
relative ease. (Jeff Chiu/Associated Press)
SAN FRANCISCO - Open government in the
heart of Silicon Valley is starting to mean turn
off, tune out, power down,
When the San Jose City Council meets just miles
from the Apple and Google campuses, its m
embers shut down all portable electronic
devices, as though they were in a theater, If
Advertisement
they're on and they get a text or e-mail from a
lobbyist or anyone discussing city business, they
must say so right then and there.
Experts say San Jose's policy is a model for open
government in the digital age, Other cities and
state legislatures are adopting their own rules at
a time when officials are increasingly fielding
requests for iawmakers' cell phone records, e-
mails and text messages,
"Essentially what we've said is a public record is
a public record," San Jose Mayor Chuck Reed
said, "no matter where it exists,"
More than half of the legislative chambers in
the states restrict the use of electronic devices
in some form, including dozens that prohibit the
use of cell phones on the floor, according to the
National Council of State Legislatures,
In California, the new Assembly Speaker, John
Perez, D-Los Angeles, is trying to impose a ban
on texting from lobbyists to lawmakers on the
floor or in committee, The state Senate already
rE!quests that its members not use personal cell
phones and electronic devices during meetings,
San Francisco Mayor Gavin Newsom says he is
considering banning texting and e-mailing
between lobbyists and lawmakers during City
Hall meetings,
But advocates for open and accountable
government say that banning texting or e-
mailing during meetings leaves huge loopholes
http://www.dailynews.com/news/ci_14717874
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Lawmakers want to limit text messages, e-mails - LA Daily News
Page 2 on
dailynews.com
lobbyists and lawmakers could text or e-
",~" each other just before or after a meeting,
other devices,
The better policy, they say, is one like San Jose's,
which requires officials to disclose all
discussions of public business, including those
conducted on personal cell phones or laptops,
"A ban is better than nothing but not much,"
said Peter Scheer, executive director of the First
Amendment Coalition, a San Rafael, Calif.-based
non-profilthat advocates for open and
accountable government.
"It's more a cosmetic political gesture aimed at
avoiding embarrassment since so many public
officials are actually receiving messages during a
hearing or a voting session that tells them how
to vote," Scheer said, "Disclosure is the better
idea."
San Jose's policy is a prototype, he said, But the
law did not arrive there easily,
's enacted months after a series of articles
J San Jose Mercury News last summer called
~ntion to how text messaging between
council members and lobbyists skirted the city's
promises of open-govemment reform,
The law also took a lawsuit from an
environmental group, which cited the California
Public Records Act in suing the mayor and council
for refUSing to produce e-mails, text messages
and other electronic communications about city
business from officials' personal cell phones or
Mayor Reed said discussion of the new policy
began a year ago, after a City Council member
received a text from a lobbyist during a voting
session that was meant for another council
member. The text, which the member made
public, appeared to be directions on how to vote
on the lobbyist's issue,
Under the new policy and depending on the
severity of the breach, the mayor said, violators
could face public exposure or possible censure,
In Florida, with one of the most far-reaching
open records laws in the country, a state
commission recommended a number of new
policies in a January 2009 report, including a ban
on texting during public meetings to eliminate
external communications with parties not
speaking publicly at the meetings,
To date, however, very few cities in Florida have
adopted the recommendations, said Barbara
Peterson, chair of the commission and president
o! the First Amendment Foundation, an open
government advocacy group,
"Cities have been all over the map," Peterson
said, "We're not really dealing with these issues
on a statewide basis,"
Peterson and other First Amendment advocates
say that no matter what laws are enacted
regarding texting, e-mailing and other electronic
communication, anyone determined not to
Advertisement
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3/24/2010
Lawmakers want to limit text messages, e-mails - LA Daily News
Page 3 of 3
dailynews.com
.y can probably find a way to skirt the law
w""out being discovered.
Texts are easy to delete, Those that can be
retrieved through a cell phone provider are only
available for a short time, a few days for the
most part. And it can take longer than a few
days to obtain a subpoena for a text record,
So bans on texting largely rely on the honor
system. "We've got a ways to go," Peterson said,
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3/24/2010