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HomeMy WebLinkAbout04- Announcements CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM OFFICE OF THE MAYOR EXT. 5133 Executive Order No. 95-1 November 16, 1995 TO: All Departments FROM: Mayor Tom Minor SUBJECT: Departmental Interaction with Legislative Branch PURPOSE To provide specific criteria for interaction betty Department/Division Heads and members of the Legislative body t will allow for the necessary and expedient flow of information carrying out the normal exercise of City business as genera outlined by Resolution No. 12527 (attached) AUTHORITY The Charter of the City of San Bernardino (Article IV, Sec . designates the Mayor as the Chief Executive Officer of the C: having general supervision over all departments and pub- institutions of the City. RESPONSIBILITY All Departments/Division Heads are to familiarize themselves wi this directive and respond to requests from the Legislative be accordingly. PROCEDURES An unusual amount of staff time and resources has been consum over the last few months for impromptu meetings requested individual Councilmembers. Further, within the last an inordinate amount of t 10 days or ime has been taken by an unusual amount telephone calls to staff which harassment could be interpreted to and threats. These examples of micromanagement and Aj // ' � EXECUTIVE ORDER No. 95-1 November 16, 1995 Page 2 continuous interruptions necessitate this Executive Order setti parameters for the usage of staff time and resources by individu members of the legislative body. I had hoped that t councilmembers creating these excessive demands on the day-to-d operations of departments would be reasonable in their use of sta time. However, such requests for attendance at unschedul meetings and repetitive telephone calls, continue to escalate the point of disruption of necessary City/Agency business. The; expenditures of staff time that are not authorized by publ: actions of either the Mayor and Common Council or Commission, a: equivalent to spending taxpayers, money without specif: authorization. In order to insure that our department operations are beiz efficiently and economically conducted: YOU ARE HEREBY ORDERED to report immediately to my office, preferably in writing, the time and place Of any meeting that you are requested to attend by any councilmember or council staff. I will notify you at that time if you are authorized to attend. This is also to include documenting telephone calls made to staff, the duration and the direction or request made of you. You are to limit the amount Of time spent in the meeting to 15 minutes . Any action requested of staff as a result of telephone requests/direction and/or meetings, will not occur until staff receives direction/approval from me. Meetings requiring substantial amounts of time will require my approval and will be accommodated as long as there is no conflict with previously established . schedules or priorities of your department . You are further instructed that if you or any of your staff attend any such meeting, a concise written report, outlining the context of the meeting, including a list of attendees and the amount of time consumed by the meeting with preparation and travel time, will be delivered to my office within three days . T inor, Mayor APR-13—'95 11:43 ID:=rf OF Y-N BDPU TEl NO:909--3e4-5461° n667 P94 f ' - I RESOLUTION no_ '— RESOLUTION OF THE CM OF SAN BERNARDINO ESTABLISHING POLICIES AND PROCEDURES PERTAINING TO COUNCILPANIC USE OF THE EXPERTISE A,NO PERSON 3 RESOURCES OF THE CITY TO ASSIST THEFT IN CARRYINC OUT THE DUTIES OF THEI ELECII4E OFFICES. 4 WHEREAS, the Charter of the City :)f San Bernardino specifically 5 ; establishes a Legislative and an Executive branch which are jointly re- 6 7 sponsible for the governing and direction of the City; and g WHEREAS, the Common Council is the Legislative Body of the City 9 and is responsible for the enactrent of all ordinances, resolutions, IO etc, governing the execution of the powers of the City; and lI WHEREAS, the Mayor is the Chief Executive Officer of the City and 12 is charged with the general supervision of all departments to assure th 13 they are honestly, economically and lawfully administered and is respon la far the general supervision of all City officers except Councilmen. IS WHEREAS, the existence of these two branches of government results 16 in an understandable amount of potential conflict in the carrying out o 17 the respective responsibilities involved and the protection of the demo cratic process; and I8 WHEREAS, because of the nature of local government, and the variou 19 20 services, operations and functions which it performs, the fine line bet, 21 Legislative and Executive responsibility is sometimes hard to define; a, 22 WHEREAS, the Com on Council and the Mayor unanimously agree that despite the adversary roles of their respective offices, the operation r 23 the City and the morale of the employees is a mutual responsibility of 24 both branches; and 23 26 WHEREAS, there have been occasions when unnecessary conflict betwe the Legislative and Executive branches has occurred which has reacted t. 27' 28 the detrimi�t of the morale ar.d welfare of City officials and employees ' and BROWN ACT Brown Act: Identification. Real Property Negotiators. Designated Representatives. SB 139 (KoW), Chanter 260 Statutes of 1998. This bill makes the following changes to the Brown Act: 1) Makes several changes affecting existing "safe harbor" law describing closed session items. i a) Existing law requires the identification of real property negotiating partie s. not individual negotiating agents. This bill requires the names of the agency "negotiators"to be listed i b) Existing law requires,for conferences with labor negotiator,the name of the agency "negotiator"to be specified. This bill changes the terminology { from "negotiator"to "designated representatives." [This change is intended to cover the instances when there may be more than one real estate negotiator or designated labor representative. The names of all negotiators must now be listed.] 2) Clarifies the existing provisions related to meetings teleconferencing,that at least a quorum of the legislative body must be located at sites within the jurisdiction. (This addresses a concern raised by the newspaper publishers that existing law could be interpreted to permit all members to be out of the jurisdiction.) 3) Clarifies that the public has the right to inspect "or request a copy" of any record required to be disclosed under the requirements of the Public Records Act. (Due to other language in this section clarifying the public agency's right to change a fee or deposit for copies of public records, this change appears technical.) 4) Establishes that any meeting of a standing committee or advisory committee, for which an agenda is posted at least 72 hours prior to the meeting, shall be considered regular meetings of the legislative body. (This language provides an option for standing and advisory committees to give appropriate 72 hour notice of meetings without having to adopt a regular meeting schedule,or comply with more stringent special meeting notification requirements.) HTC:ea[arownACtsum] SB 139 Senate Bill - CHAPTERED Page 1 of 6 BILL NUMBER: SB 139 CHAPTERED BILL TEXT CHAPTER 260 FILED WITH SECRETARY OF STATE AUGUST 5, 1998 APPROVED BY GOVERNOR AUGUST 4, 1998 PASSED THE SENATE JULY 21, 1998 PASSED THE ASSEMBLY JULY 16, 1998 AMENDED IN ASSEMBLY JUNE 18, 1998 AMENDED IN ASSEMBLY JUNE 9, 1998 AMENDED IN SENATE JANUARY 5, 1998 AMENDED IN SENATE MARCH 4, 1997 INTRODUCED BY Senator Kopp JANUARY 13, 1997 An act to amend Sections 54953, 54954, 54954.5, 54956.8, 54957.5, and 54957.6 of the Government Code, relating to public meetings. LEGISLATIVE COUNSEL'S DIGEST SB 139, Kopp. Open meetings: local agencies. (1) The Ralph M. Brown Act authorizes a local agency to use teleconferencing in connection with a public meeting under specified conditions. This bill would require, as an additional condition under which teleconferencing may be used, that during the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction. (2) Under the act, each legislative body, except for advisory or standing committees, is required to provide, by ordinance, resolution, bylaw, or rule, the time and place for holding regular meetings. This bill would specify that meetings of advisory or standing committees, for which an agenda must be posted at least 72 hours in advance, shall be considered regular meetings of the legislative body. (3) Under the act, the meetings of the legislative body of a local agency are required to be conducted openly and publicly, with specified exceptions. Under the act, the legislative body of a local agency may hold closed sessions with the local agencies' designated representatives regarding specified negotiations and is also required to disclose specified information in an open and public session prior to holding a closed session with its real property or labor negotiator. This bill would require the legislative body of a local agency to disclose its real property negotiators prior to holding a closed session to discuss the purchase, sale, exchange, or lease of real property by or for the local agency and to disclose its designated representatives prior to holding a closed session with its labor negotiators. (4) The bill would also require the legislative body of a local agency to hold an open and public session in which it identifies its designated representatives prior to a closed session to discuss the salaries, salary schedules, or fringe benefits of its represented and unrepresented employees. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: http://www.leginfo.ca.gov/pub/97-98/bill/sen/sb_0101.../sb_139_bill_19980805_chaptered.htm 2/10/99 SB 139 Senate Bill - CHAPTERED Page 2 of 6 SECTION 1. Section 54953 of the Government Code is amended to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction. The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) No legislative body shall take action by secret ballot, whether preliminary or final. SEC. 2. Section 54954 of the Government Code is amended to read: 54954. (a) Each legislative body of a local agency, except for advisory committees or standing committees, shall provide, by ordinance, resolution, bylaws, or by whatever other rule is required for the conduct of business by that body, the time and place for holding regular meetings. Meetings of advisory committees or standing committees, for which an agenda is posted at least 72 hours in advance of the meeting pursuant to subdivision (a) of Section 54954.2, shall be considered for purposes of this chapter as regular meetings of the legislative body. (b) Regular and special meetings of the legislative body shall be held within the boundaries of the territory over which the local agency exercises jurisdiction, except to do any of the following: (1) Comply with state or federal law or court order, or attend a judicial or administrative proceeding to which the local agency is a party. (2) Inspect real or personal property which cannot be conveniently brought within the boundaries of the territory over which the local agency exercises jurisdiction provided that the topic of the meeting is limited to items directly related to the real or personal property. (3) Participate in meetings or discussions of multiagency significance that are outside the boundaries of a local agency's http://www.leginfo.ca.gov/pub/97-98/bill/sen/sb_0101.../sb_139_bill_19980805_chaptered.htm 2/10/99 • SB 139 Senate Bill - CHAPTERED Page 3 of 6 jurisdiction. However, any meeting or discussion held pursuant to this subdivision shall take place within the jurisdiction of one of the participating local agencies and be noticed by all participating agencies as provided for in this chapter. (4) Meet in the closest meeting facility if the local agency has no meeting facility within the boundaries of the territory over which the local agency exercises jurisdiction, or at the principal office of the local agency if that office is located outside the territory over which the agency exercises jurisdiction. (5) Meet outside their immediate jurisdiction with elected or appointed officials of the United States or the State of California when a local meeting would be impractical, solely to discuss a legislative or regulatory issue affecting the local agency and over which the federal or state officials have jurisdiction. (6) Meet outside their immediate jurisdiction if the meeting takes place in or nearby a facility owned by the agency, provided that the topic of the meeting is limited to items directly related to the facility. (7) Visit the office of the local agency's legal counsel for a closed session on pending litigation held pursuant to Section 54956.9, when to do so would reduce legal fees or costs. (c) Meetings of the governing board of a school district shall be held within the district except under the circumstances enumerated in subdivision (b) , or to do any of the following: (1) Attend a conference on nonadversarial collective bargaining techniques. (2) Interview members of the public residing in another district with reference to the trustees' potential employment of the superintendent of that district. (3) Interview a potential employee from another district. (d) Meetings of a joint powers authority shall occur within the territory of at least one of its member agencies, or as provided in subdivision (b) . However, a joint powers authority which has members throughout the state may meet at any facility in the state which complies with the requirements of Section 54961. (e) If, by reason of fire, flood, earthquake, or other emergency, it shall be unsafe to meet in the place designated, the meetings shall be held for the duration of the emergency at the place designated by the presiding officer of the legislative body or his or her designee in a notice to the local media that have requested notice pursuant to Section 54956, by the most rapid means of communication available at the time. SEC. 2.5. Section 54954.5 of the Government Code is amended to read: 54954.5. For purposes of describing closed session items pursuant to Section 54954.2, the agenda may describe closed sessions as provided below. No legislative body or elected official shall be in violation of Section 54954.2 or 54956 if the closed session items were described in substantial compliance with this section. Substantial compliance is satisfied by including the information provided below, irrespective of its format. (a) With respect to a closed session held pursuant to Section 54956.7: LICENSE/PERMIT DETERMINATION Applicant (s) : (Specify number of applicants) (b) With respect to every item of business to be discussed in closed session pursuant to Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: (Specify street address, or if no street address, the parcel number or other unique reference, of the real property under negotiation) http://www.leginfo.ca.gov/pub/97-98/bill/sen/sb_0101.../sb_139_bill_19980805_chaptered.htm 2/10/99 SB 139 Senate Bill - CHAPTERED Page 4 of 6 Agency negotiator: (Specify names of negotiators attending the closed session) Negotiating parties: (Specify name of party (not agent) ) Under negotiation: (Specify whether instruction to negotiator will concern price, terms of payment, or both) (c) With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of case: (Specify by reference to claimant's name, names of parties, case or claim numbers) or Case name unspecified: (Specify whether disclosure would Jeopardize service of process or existing settlement negotiations) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (Specify number of potential cases) (In addition to the information noticed above, the agency may be required to provide additional information on the agenda or in an oral statement prior to the closed session pursuant to subparagraphs (B) to (E) , inclusive, of paragraph (3) of subdivision (b) of Section 54956.9. ) Initiation of litigation pursuant to subdivision (c) of Section 54956.9: (Specify number of potential cases) i (d) With respect to every item of business to be discussed in closed session pursuant to Section 54956.95: LIABILITY CLAIMS Claimant: (Specify name unless unspecified pursuant to Section 54961) Agency claimed against: (Specify name) (e) With respect to every item of business to be discussed in closed session pursuant to Section 54957: THREAT TO PUBLIC SERVICES OR FACILITIES Consultation with: (Specify name of law enforcement agency and title of officer) PUBLIC EMPLOYEE APPOINTMENT Title: (Specify description of position to be filled) PUBLIC EMPLOYMENT Title: (Specify description of position to be filled) PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: (Specify position title of employee being reviewed) PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (No additional information is required in connection with a closed session to consider discipline, dismissal, or release of a public employee. Discipline includes potential reduction of compensation. ) (f) With respect to every item of business to be discussed in closed session pursuant to Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: (Specify names of designated representatives attending the closed session) Employee organization: (Specify name of organization representing employee or employees in question) or Unrepresented employee: (Specify position title of unrepresented employee who is the subject of the negotiations) http://www.leginfo.ca.gov/pub/97-98/bill/sen/sb_0101.../sb_139_bill_19980805_chaptered.htm 2/10/99 SB 139 Senate Bill - CHAPTERED Page 5 of 6 (g) With respect to closed sessions called pursuant to Section 54957.8: CASE REVIEW/PLANNING (No additional information is required in connection with a closed session to consider case review or planning. ) (h) With respect to every item of business to be discussed in closed session pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code: REPORT INVOLVING TRADE SECRET Discussion will concern: (Specify whether discussion will concern proposed new service, program, or facility) Estimated date of public disclosure: (Specify month and year) HEARINGS Subject matter: (Specify whether testimony/deliberation will concern staff privileges, report of medical audit committee, or report of quality assurance committee) (i) With respect to every item of business to be discussed in closed session pursuant to Section 54956.86: CHARGE OR COMPLAINT INVOLVING INFORMATION PROTECTED BY FEDERAL LAW (No additional information is required in connection with a closed session to discuss a charge or complaint pursuant to Section 54956.86. ) SEC. 3. Section 54956.8 of the Government Code is amended to read: 54956.8. Notwithstanding any other provision of this chapter, a legislative body of a local agency may hold a closed session with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the local agency to grant authority to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease. However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its negotiators, the real property or real properties which the negotiations may concern, and the person or persons with whom its negotiators may negotiate. For purposes of this section, negotiators may be members of the legislative body of the local agency. For purposes of this section, "lease" includes renewal or renegotiation of a lease. Nothing in this section shall preclude a local agency from holding a closed session for discussions regarding eminent domain proceedings pursuant to Section 54956.9. SEC. 4. Section 54957.5 of the Government Code is amended to read: 54957.5. (a) Notwithstanding Section 6255 or any other provisions of law, agendas of public meetings and any other writings, when distributed to all, or a majority of all, of the members of a legislative body of a local agency by any person in connection with a matter subject to discussion or consideration at a public meeting of the body, are disclosable public records under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) , and shall be made available upon request without delay. However, this section shall not include any writing exempt from public disclosure under Section 6253.5, 6254, or 6254.7. (b) Writings that are public records under subdivision (a) and that are distributed during a public meeting shall be made available http://www.leginfo.ca.gov/pub/97-98/bill/sen/sb_0101.../sb_139_bill_19980805_chaptered.htm 2/10/99 SB 139 Senate Bill - CHAPTERED Page 6 of 6 for public inspection at the meeting if prepared by the local agency or a member of its legislative body, or after the meeting if prepared by some other person. (c) Nothing in this chapter shall be construed to prevent the legislative body of a local agency from charging a fee or deposit for a copy of a public record pursuant to Section 6257. (d) This section shall not be construed to limit or delay the public's right to inspect or obtain a copy of any record required to be disclosed under the requirements of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) . Nothing in this chapter shall be construed to require a legislative body of a local agency to place any paid advertisement or any other paid notice in any publication. SEC. 5. Section 54957.6 of the Government Code is amended to read: 54957.6. (a) Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agency's designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation. However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its designated representatives. Closed sessions of a legislative body of a local agency, as permitted in this section, shall be for the purpose of reviewing its position and instructing the local agency's designated representatives. Closed sessions, as permitted in this section, may take place prior to and during consultations and discussions with representatives of employee organizations and unrepresented employees. Closed sessions with the local agency's designated representative regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits may include discussion of an agency's available funds and funding priorities, but only insofar as these discussions relate to providing instructions to the local agency's designated representative. Closed sessions held pursuant to this section shall not include final action on the proposed compensation of one or more unrepresented employees. For the purposes enumerated in this section, a legislative body of a local agency may also meet with a state conciliator who has intervened in the proceedings. (b) For the purposes of this section, the term "employee" shall include an officer or an independent contractor who functions as an officer or an employee, but shall not include any elected official, member of a legislative body, or other independent contractors. http://www.leginfo.ca.gov/pub/97-98/bill/sen/sb_0101.../sb_139_bill_19980805_chaptered.htm 2/10/99