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HomeMy WebLinkAbout10- City Manager CITY OF SAN BERNARDINO-REQUEST FOR COUNC A From: Charles McNeely, City Manager Subject: Resolution o the ayor and Common Council adopting Operational Prepared by: Debra Kurita, Guidelines which include a Code of Conduct Assistant City Manager for the Mayor and Common Council, Agenda Guidelines and Council Committee Dept: City Manager's Office Guidelines. Date July 27, 2010 Meeting Date: August 2,2010 Synopsis of Previous Council Action May 25, 2010 — Mayor and Common Council discussed and recommended changes to the Operational Guidelines Code of Conduct. June 8, 2010 - Mayor and Common Council discussed and recommended changes to the Operational Guidelines Code of Conduct. Recommended Motion: That said resolution be adopted. � n Si Contact Person: Debra Kurita, Phone: 384-5122 Assistant City Manager Supporting Data Attached: Staff Report,Exhibits, Reso, Ward: All FUNDING REQUIREMENTS: AMOUNT and SOURCE: N/A Finance: CouncilNotes: K-l`�jd ao/0 -ash Agenda Item No._p STAFF REPORT Subject: Resolution of the Mayor and Common Council adopting Operational Guidelines which include a Code of Conduct for the Mayor and Common Council, Agenda Guidelines and Council Committee Guidelines. Background: During the Building a Better Community retreat, held in March of this year, the Mayor and Common Council were presented with a number of Operational Guidelines, including a Code of Conduct for the Mayor and Common Council, Agenda Guidelines and Council Committee Guidelines. The Code of Conduct is indented to provide efficient procedures for elected officials to follow to assure public confidence in the integrity of local government, its effective operations, and fair treatment of people. The Agenda and Council Committee Guidelines are indented to provide procedures for staff and elected officials to follow to assure clear direction for agenda preparation, posting requirements and deadlines. Details regarding the day-to-day administration of agenda items may still be found in Department/Director Letters (DDL's) which have been created administratively. At the follow up retreat meetings, held on May 251h and June 81h, the Council discussed and recommended a number of changes to the proposed Operational Guidelines. Since that time, staff has been working to create a final document that incorporates the modifications requested by the Council, as well as needed alterations to language identified by the City Attorney. These changes are shown on the tracking copy attached for reference. At this time, the Mayor and Common Council are being asked to adopt the Operational Guidelines. These guidelines will be effective immediately following the adoption of the resolution and may be brought forth for discussion at any time by the Mayor or any member of the Common Council. An amendment to these guidelines shall only be made by resolution with a majority vote of the Council. In addition, at the May 251h workshop, the Mayor and Common Council requested that a Code of Conduct be created for City staff working in unclassified service positions, as identified in City Charter Section 248(1). This Code has been developed administratively, and approved as Department/Director Letter Number 83 (DDL#83). Recommendation That said resolution be adopted. 1 Operational Guidelines—July 28,2010 ATTACHED FOR REFERENCE __- Farnatted:rxpndel tH Ell FortnalteC:Centenal "Building a Better Community" Operational Guidelines retmattes:roar.14 at F«manes:rop: I Name ofProrram: Operational Guidelines Program:Code of Conduct/Guidelines ff2gtow Code of Getaluet'GuRle'aftes Formatted:tine stedW, 1.5 lines PROPOSED TONG Ally,A A FOR ' CODE OF CONDUCT/GuidetinesGIJIDELINES 1. General Overview The residents and businesses of the City of San Bernardino are entitled to have fair, ethical and accountable local ovemment which has earned the public's full confidence for integrity,—'_....--t.a.���=Hghlgh[ ooen honest and uansnarent manner. To this end_,the Mayor and rnniwaw:aymgm - 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 govemmeq and its effective end_-_-f_eiF ronunetd:ugtY4et operations,and fair treatment of people: ramutaad:t1lptYlya 2. Rules of Decorum Formatted:agtsgta 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. Resoeet for the Process The Mayor and members of the Common Council shall perform their duties in accordance with the pmeessessend+Wesp oced rat rules for meet nos ef-ed established by them,in governing the deliberation of public policy issues, involvement of the public and the implementation of policy decisions of the Mayor and Common Council by City staff. 4. Conduct of Public Meetines The Mayor and Common Council shall prepare themselves for public issues; listen courteously and attentively to all public discussions before the body;and focus on the business at hand. They shall refrain from interrupting other speakers; making personal comments not germane to the business 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 the matter under their consideration, which they may have received from sources outside of the public decision-making process. 7. Conflict 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. g. 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 Page I of 9 "Building a Better Community" Operational Guidelines f rammna:rune a of compromise their independence of judgment or action, or give the appearance of being compromised. 9. Confidential Information The Mayor and Common Council shall respect the confidentiality of information concerning the property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization,nor use such information to advance their personal,financial or other private interest. 10. Use of Public Resources The Mayor and Common Council shall not use public resources that are not available to the public in general, such as City staff time, equipment, supplies or facilities for private gain or personal purposes. 44— R.RurvpM-fien TtK 5i!shall not appear on behalfef priveae interests Of thiFE1 befeFO tile ------ Mmrathd:rdme reft: W Caused Of any commissions 8F pfeeeedings ef the Gity, 431 I. Independence of Boards and Commissions The Mayor and Common Council shall refrain from using their position to unduly influence the deliberations or outcomes of commission proceedings. 4312. Policy 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 shop should respect and adhere to the established proceduresal eetmeil manager struet"te 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 sheHshould;�her'efera, not interfere with the administrative functions of the City or the professional duties of City staff;nor shouldo[4 they impair the ability of staff to implement Council policy decisions per 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 ex loration and analysis so as to judiciously assign tasks to the City Manager and his staff. Farrrr.rtd:nghught Aft Fnrr:raftd:Highlight Farmalten:HghluM 4413. Public Relations When the Mayor and Common Council have not taken a position on an issue,neither the Mayor nor any Councilmember wil4-should speak on behalf of the Mayor and Common Council. When presenting their individual opinions and positions, Councilmembers shall-should explicitly state that they do not represent their body,the City of San Bernardino,nor wilkhould they encourage allow-the inference that they do. After a decision is made, the Mayor serves as the spokesperson for the City's view on policy matters; the Common Council will-should speak with "one voice." Onee the Common Ce"nei Page 2 of 9 "Building a Better Community" Operational Guidelines ........ Fo1maLLW:fv Apt 4-514. 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. U15. Communication with City Manager and Staff e The City Manager is responsible for managing the day-lo-day operations of City government. e Unless it is a simple inquiry,the Mayor or members of the Common Council will contact the City Manager before going to Department Directors. e When contacting Department Directors through e-mail,the Mayor and Council members will copy the City Manager as a courtesy. e The City Manager will ensure that the Mayor and Common Council are proactively informed on major policy issues or issues that may attract media or public attention; likewise,the Mayor and Common Council members will give the City Manager notice if he or she learns of issues of concern. e The Mayor,Common Council,City Manager and staff will not blindside each other in public. e Council members are encouraged to submit questions on agenda items to the City Manager as far in advance of the meeting as possible so that staff can be prepared to respond at the meeting. e The Mayor and Common Councilphag-should not criticize staff in public. _ F°^n'tm°HgMq^t e The Mayor and Common Council will refer citizen complaints to staff and give them adequate time to respond. Staff will report back to the Council through the City Manager on the resolutions of these complaints. e The Mayor and Councilmembers will be provided with information from staff and other members— "- Fgmanee: une aacL -%I; on an equal basis so that they are equally prepared to make good decisions. 4716. Compliance and Enforcement The Code of Conduct expresses standards of ethical conduct expected of the Mayor and Common Council. The protocols are intended to be self-enforcing; members themselves have the primary responsibility to assure that the standards are understood and met. The Mayor has the additional responsibility to intervene when the actions of Council members appear to be in violation of the Code during the process of conducting the Council meetings. The Mayor and G�msen Gearscil ma� impose sonotiens en members whese eenduct does no Forme e:H41,14ht eammittee assignments,_ A violation Bf this Gode of Gong ist shall nat b, eatisidpopd fi bgsis-fef challenging the validity of a sounpil dpoision The Mayor and Council meffibeFS entering OffiVe shall sign a statement affirming that they have read and widersteed the CAaie ef Gendoet an Y om - . - Formateea:Intlen[:len: a" ;W7 1hesc, odg of conduci/edde lines shall also a 1v�D!"vCGt - Folmattea:H4hl4ht and its Chairman. Fmmateea:H4hl4ht ' famuuee:Irtica:Hanging: OF Forngltrd:IMmt lea: m" Page 3 of 9 "Building a Better Community" Operational Gurdrhnes. - rotmamd:rme r4 P1 -� Name ofProrri m: Operational Guidelines Program: Agenda Guidelines RR9R9SE4-AGENDA GUIDELINES FOR BRINGING MATTERS BEFORE COMMON COUNCIL 1. Placing Matters On The Agenda Jn addition to matters pending before any committee, commission or other advisory bodg ramnrm:Hghlpht Common Council, matters pertinent to and within the jurisdiction of the City shall be placed on the agenda by the Mayor,CpltttnA Members City Clerk rtwae«r v_r_w-r_=-, and City - Wmatted.HQN'ft 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 Agenda Item Staff Reports Mayor and Common Council staff reports 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. Preparation and Distribution of the Agenda Packet The City Clerk shall prepare the Agenda packet. tit later than 5:00 p.m.on the Thursday prior to FarmattisH Highlight each regular Common Council meeting,Aa copy of the agenda,with accompanying staff reports FormatteE Highlight and other background materials,shad-should be delivered to eaeh the Mayor and each Council Formatted Highlight Mmember so as to be available no later than the Thursday preceding the Council mmeeting. _eo.anud:Highlight 'Porm .Highlight Except in the ease of items qualifying oil which the need gi take action arose after the agendamA---- Iwnotlisd:Highlight posted per the.wFgefte-L a:,�o;.&r i,F Brown Act, no item shall be considered by the Ma's Paec 4 ot9 —L "Building a Better Community" a"(11,otut R:uirle(iues.. _. . r "a'°:rme ty pt and Common Council if not included in the agenda„Wwevcr,a correction or supplement to an - Fanualted:agmgnt item already contained in the packet may be included. Formatted:nghiya 4. Postine of Aeenda 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 Cleric shall not,without the consent of the City Miniger,accept any new agenda - Formatma:ngniglrc __ item after the deadlines established in the administrative policies except items from the Mayor and Council Members Cite T eamrer and b. Genenrky—eOnly those matters listed on the agenda shall be acted upon by the Mayor and Common Council. However, if a matter arises after posting of the Benda, the provisions of the Brown Act shall apply. Gity GleflE, of Gil) Atisifney, it me),, in fteonkinee with the Boewn Aet, be added to the agend mid aeted upon b5 the Makyer and Gennison Council i'm explanation of the tugene) is aimed in of fhe Bnown Aet,of the Gammon Gossett eansems to bear 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 and the Mayor should acknowledge sneakers in the order in which they seek recognition.- 3. Any Ceouncilmember shall have the right to express dissent from,or protest to,or comment upon, any action of the Common Council. 4. Once a vote is taken on an issue,Councilmembers are encouraged to wilEsupport the low-made-hy the Common decision. When possible, the Common Council should attempt to reach Page 5 of 9 "Building a Better Community" Operational Guideiimes Farrnmetlo Font 14 pt -� consensus on an issue. When this is not possible,the majority vote shall prevail.;Hhowever,the Common Council shall respect the opinion of the e3ejerityminorit . 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 Councilmembers will allow the opportunity to dialogue with each other to build consensus on an item: 7. ------ Formatulae iM :Hawiru: 0.5",Numbered +level:1+Numbering Style:1,2,3,_+ Start at:]+Alignment Left+Aligned at ROLE OF CITY STAFF REGARDING COUNCIL MEETINGS 0.25"+Tab after: 0.5" 1. City staff will provide written analysis and information on all agenda items emanatinp from their respective departments as soon as it is available stings Additionally,a copy of the materials,including technical reports,will be available to the public in compliance with the Brown Act. 2. Staff will he 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 ea-issues' the iF-oresen[aCon of their recommendations on issues before the Mayor and Common Council. 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 Page 6 of 9 "Building a Better Community" Operational Guidelines :. Pormanea:ram:Apt 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. Stemp ng of feel, whistles,5-ells er shaming, andlor simil deme.stratiens we wasteptable p__..: `eh -"The Public shall not engage in conduct that disrupts the meeting 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 ofProrram: Operational Guidelines Program: Council Committees • PROPOSED STANDING AND AD HOC COUNCIL COMMITTEES GUIDELINES STANDING COMMITTEES 1. Policy It is the policy of the Mayor and Common Council to use standing committees in open and public meetings to study City Business in greater depth than what-is possible in the time allotted for Council meetings. 2. Purpose These rules are intended to enhance public participation and committee meetings so that the best possible decisions can be made for San Bernardino. 3. General Requirements Common Council standing committees shall be subject to the following procedural rules. 4, Guarani A majority of the committee membership shall constitute a huomm� ... CamnrM Iml: Cammant[AMIJ: S. °Referrar`'-°°'s Comm [�31: Page 7 of 9 "Building a Better Community" ,Operational Guidelines ", rnmapea:Poor.to a items ffia�- he withdrawn fmm the amnotf,,� and I-keii up for eansidefatieR by the Common Council m my Common Council meeting with the eansent afa majefit) of the Common Getineil, and subject to any applicable F1866IRg OF agenda POStiflg FeElHiFefflemS. made in eFdef to speak as PFOPO"efitS Of the matter. St"ding eammittee meetings during%hieh sueh Felerrals may be considered shall be noticed as GeuRoil meetings fef the Purpose ef eflablin present 65. 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 an item beine Else referred to a Committee by the Mayor or Common Council al,the item will be placed back on the Common Council agenda for an update or final action. 76. 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 he delivered to the Mayor and Councilmembers before the Council meeting at which the Committee's recommendations are to be discussed. 87. Report 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. Council staff will compile and present a quarterly report to the full Council of a lit of items pending by title sponsm and the date it was placed and the department responsible. 98. Agenda 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. 409. Public Participation Page 8 of 9 "Building a Better Community" operational Guidelines ----------- --------- -- ----------fr tt'd`r°""14 M ----------- 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. #1O. Conduct of Standing Committee Meetings The chairperson of each committee may conduct meetings with as much informality as is consistent with Mayor and Common Council procedural rules for meetings,which shall also be in effect during committee meetings. The views of interested private citizens may-shall be heard in committee meetings, but in no case shall a committee meeting be used as a substitute for public hearings required by law. 4211. Oral Communications Opportunities for oral communications shall he provided in the same manner as Council meetings. AD HOC COMMITTEES In addition to standing committees,the Mayor Pro Tempore, subject to approval of the Common Council, may appoint members to such other Ad Hoc Council Committees as deemed desirable and necessary to assist and advise the council in its work. Upon his/her appointment,the Mayor Pro Tempore shall review the number and purpose of the Ad Hoc Committees before assigning members. These Ad Hoc Committees meet on m needed basis. Page 9 of 9 1 RESOLUTION NO. C O p� 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL ADOPTING OPERATIONAL GUIDELINES WHICH INCLUDE A CODE OF CONDUCT FOR THE 3 MAYOR AND COMMON COUNCIL, AGENDA GUIDELINES AND COUNCIL COMMITTEE GUIDELINES 4 WHEREAS,as part of the Building a Better Community retreat,the Mayor and Common 5 Council were presented with Operational Guidelines ("Operational Guidelines"); and 6 WHEREAS,the Operational Guidelines have been developed to provide better and more 7 efficient communication between elected officials, staff, and the public; and 8 WHEREAS, the Code of Conduct for the Mayor and Common Council is intended to 9 provide efficient procedures for elected officials to follow to assure public confidence in the integrity 10 of local government, its effective operations, and fair treatment of people, and 11 WHEREAS,the Agenda Guidelines and Council Committee Guidelines are intended to 12 provide procedures for staff and elected officials to follow to assure clear direction for agenda 13 preparation, posting requirements and deadlines; and 14 WHEREAS,the Mayor and Common Council have been given the opportunity to review 15 and make desired modifications to the Operational Guidelines; and 16 WHEREAS, the Operational Guidelines have been developed pursuant to the applicable 17 provisions of the San Bernardino City Charter and reviewed by the City Attorney. 18 19 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 20 SECTION 1. The Operational Guidelines, inclusive of the Code of Conduct for the 21 Mayor and Common Council, the Agenda Guidelines, and the Council Committee Guidelines, all 22 as attached hereto as Exhibit A and by this reference made a part hereof, are hereby adopted. 23 SECTION 2. The Operational Guidelines supersede all inconsistent guidelines of earlier 24 date. 25 SECTION 3. The Operational Guidelines shall become effective upon adoption of this 26 ® resolution. 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL ADOPTING OPERATIONAL GUIDELINES WHICH INCLUDE A CODE OF CONDUCT FOR ® 1 THE MAYOR AND COMMON COUNCIL, AGENDA GUIDELINES AND COUNCIL 2 COMMITTEE GUIDELINES. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 4 and Common Council of the City of San Bernardino at a meeting thereof, held 5 on the day of , 2010 by the following vote, to wit: 6 Council Members: AYES NAYS ABSTAIN ABSENT 7 MARQUEZ 8 DESJARDINS 9 10 BRINKER 11 SHORETT 12 KELLEY 13 JOHNSON 14 MCCAMMACK 15 16 17 Rachel G. Clark, City Clerk 18 The foregoing resolution is hereby approved this day of 19 , 2010. 20 21 Patrick J. Morris, Mayor City of San Bernardino 22 lAnomey to form: 23 24 ENMAN, 25 26 27 28 July 28,2010 Exhibit A "Building a Better Community" CODE OF CONDUCT/GUIDELINES 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. The City will operate in an open, honest and transparent manner. 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, its effective operations, and fair treatment of people 2. Rules of Decorum The professional and personal conduct of the Mayor and Common Council must be above reproach and avoid the appearance of impropriety. The Mayor and members of the Common Council shall refrain from abusive conduct, personal or verbal attacks upon the character or motives of each other, the staff or the public. 3. Respect for the Process The Mayor and members of the Common Council shall perform their duties in accordance with the procedural rules for meetings, 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 Meetings 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 the matter under their consideration, which they may have received from sources outside of the public decision-making process. 7. Conflict 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. Page 1 of 8 "Building a Better Community" Name of Program: Operational Guidelines Program: Code of Conduct 9. Confidential Information The Mayor and Common Council shall respect the confidentiality of information concerning the property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interest. 10. Use of Public Resources The Mayor and Common Council shall not use public resources that are not available to the public in general, such as City staff time, equipment, supplies or facilities for private gain or personal purposes. 11. Independence of Boards and Commissions The Mayor and Common Council shall refrain from using their position to unduly influence the deliberations or outcomes of commission proceedings. 12. Policy 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 should respect and adhere to the established procedures 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 should not interfere with the administrative functions of the City or the professional duties of City staff; nor should they impair the ability of staff to © implement Council policy decisions per 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 language does not prohibit the Mayor, Council Members, City Attorney, City Clerk, or City Treasurer from bringing information forward and discussing it with the City Manager and/or Staff. 13. Public Relations When the Mayor and Common Council have not taken a position on an issue, neither the Mayor nor any Councilmember should speak on behalf of the Mayor and Common Council. When presenting their individual opinions and positions, Councilmembers should explicitly state that they do not represent their body, the City of San Bernardino, nor should they encourage 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." 14. 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. C Page 2 of 8 "Building a Better Community" Name of Program: Operational Guidelines Program: Code of Conduct 15. Communication with City Manager and Staff • The City Manager is responsible for managing the day-to-day operations of City government. • Unless it is a simple inquiry, the Mayor or members of the Common Council will contact the City Manager before going to Department Directors. • When contacting Department Directors through e-mail, the Mayor and Council members will copy the City Manager as a courtesy. • The City Manager will ensure that the Mayor and Common Council are proactively informed on major policy issues or issues that may attract media or public attention; likewise, the Mayor and Common Council members will give the City Manager notice if he or she learns of issues of concern. • The Mayor, Common Council, City Manager and staff will not blindside each other in public. • Council members are encouraged to submit questions on agenda items to the City Manager as far in advance of the meeting as possible so that staff can be prepared to respond at the meeting. • The Mayor and Common Council should not criticize staff in public. • The Mayor and Common Council will refer citizen complaints to staff and give them adequate time to respond. Staff will report back to the Council through the City Manager on the resolutions of these complaints. • The Mayor and Councilmembers will be provided with information from staff and other members on an equal basis so that they are equally prepared to make good decisions. O16. Compliance 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. 17. Community Development Commission This code of conduct shall also apply to the Community Development Commission and its Chairman. Page 3 of 8 "Building a Better Community" Name ofPronram: Operational Guidelines Pronram: Agenda Guidelines AGENDA GUIDELINES FOR BRINGING MATTERS BEFORE COMMON COUNCIL 1. Placing Matters On The Agenda 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 Mayor, Council Members, City Clerk, City Attorney, 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 Agenda Item Staff Reports Mayor and Common Council staff reports 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. Preparation and Distribution of the Agenda Packet The City Clerk shall prepare the Agenda packet. Not later than 5:00 p.m. on the Thursday prior to each regular Common Council meeting. A copy of the agenda, with accompanying staff reports and other background materials, should be delivered to the Mayor and each Council Member so as to be available no later than the Thursday preceding the Council meeting. Except in the case of items qualifying on which the need to take action arose after the agenda was posted per the Brown Act,no item shall be considered by the Mayor and Common Council if not included on the agenda. However, a correction or supplement to an item already contained in the packet may be included. 4. Posting of Agenda 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 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 except items from the Mayor and Council Members, City Treasurer, and City Attorney. Page 4 of 8 "Building a Better Community" Name of Program: Operational Guidelines Program: Agenda Guidelines Only those matters listed on the agenda shall be acted upon by the Mayor and Common Council. However, if a matter arises after posting of the agenda, the provisions of the Brown Act shall apply. 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 and the Mayor should acknowledge speakers in the order in which they seek recognition. 3. Any Councilmember shall have the right to express dissent from, or protest to, or comment upon, any action of the Common Council. 4. Once a vote is taken on an issue, Councilmembers are encouraged to support the decision. 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 minority. Q5. 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 Councilmembers 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 emanating from their respective departments as soon as it is available. Additionally, a copy of the materials, including technical reports, will be available to the public in compliance with the Brown Act. 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. Page 5 of 8 "Building a Better Community" 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 in the presentation of their recommendations on issues before the Mayor and Common Council. 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. The Public shall not engage in conduct that disrupts the meeting, 3. Members of the public shall turn off or switch any electronic equipment such as pagers and ® cellular telephones to a silent mode while attending a City Council meeting. 4. If a member of the public desires to provide written correspondence (11 copies recommended) to the Mayor and Common Council, all such materials shall be given directly to the City Clerk prior to the meeting, or if during the course of the meeting, the materials shall be given to the City staff on the dais. At no time shall the public provide materials directly to the Mayor and Council. Page 6 of 8 "Building a Better Community" Name ot'Proeram: Operational Guidelines Program: Council Committees PROPOSED STANDING AND AD HOC COUNCIL COMMITTEES GUIDELINES STANDING COMMITTEES 1. Policy It is the policy of the Mayor and Common Council to use standing committees in open and public meetings to study City Business in greater depth than is possible in the time allotted for Council meetings. 2. Puraose These rules are intended to enhance public participation and committee meetings so that the best possible decisions can be made for San Bernardino. 3. General Requirements Common Council standing committees shall be subject to the following procedural Hiles. 4. Ouorum A majority of the committee membership shall constitute a quorum 5. 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 i ns of opinion on city problems b both the Common airing of all sentiments and expresso p ty p y 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 an item being referred by the Mayor and Common Council to a committee, the item will be placed back on the Common Council agenda for an update or final action. 6. 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. 7. Renort 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. Council staff will compile and present a quarterly report to the full Council of a list of items pending by title, sponsor, and the date it was placed and the department responsible. Page 7 of 8 "Building a Better Community" Name of Program: Operational Guidelines Program: Council Committees 8. Agenda 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 9. Public Participation 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. 10. Conduct of Standing Committee Meetings The chairperson of each committee may conduct meetings with as much informality as is consistent with Mayor and Common Council procedural rules for meetings, which shall also be in effect during committee meetings. The views of interested private citizens shall be heard in committee meetings, but in no case shall a committee meeting be used as a substitute for public hearings required by law. 11. Oral Communications Opportunities for oral communications shall be provided in the same manner as Council meetings. QAD HOC COMMITTEES In addition to standing committees, the Mayor Pro Tempore, subject to approval of the Common Council, may appoint members to such other Ad Hoc Council Committees as deemed desirable and necessary to assist and advise the council in its work. Upon his/her appointment, the Mayor Pro Tempore shall review the number and purpose of the Ad Hoc Committees before assigning members. These Ad Hoc Committees meet on as needed basis. Page 8 of 8