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HomeMy WebLinkAbout02- City Manager's Office CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION From: Charles McNeely, City Manager Subject: Follow-up Mayor and Common Council Retreat/Workshop- Dept: City Manager's Office Develop Operating Guidelines. Date: May 18, 2010 Council Date: May 25, 2010 ORIGINAL Synopsis of Previous Council Action: March 25, 2010 Mayor and Common Council Retreat Workshop March 26, 2010 Mayor and Common Council Retreat Workshop March 27, 2010 Mayor and Common Council Retreat Workshop Recommended Motion: That the Mayor and Common Council discuss and take possible action regarding Operational Guidelines. Alij/01 1.4z Signatur Contact person: Tanya Romo Phone: 909-384-5122 Supporting data attached: Staff Report, Operating Guidelines Ward: None FUNDING REQUI REM ENTS:None Amount: None Fiscal Year Budgeted Amount:N/A Balance as of: N/A Source: (Acct. No.) Acct. Description: Agenda Item No. Z 05-25- 26 !0 ORIGINAL STAFF REPORT Subject: Follow-up Mayor and Common Council Retreat/Workshop—Develop Operating Guidelines. Background: In March of this year, the Mayor and Common Council attended a three day Building a Better Community Retreat. The event was very successful. The Mayor and Common Council accomplished several goals which include: • Identifying a vision and adopting goals and priorities in an effort to provide clear guidance for the City's long term future. • Considering the City Manager's assessment and recommendations on organizational restructuring and • Hearing an update from Management Partners on the 2007 Organizational Study. • Exploring forms of government and roles of politicians and administration through facilitator Dr. John Nalbandian. Because of timing constraints, the Mayor and Common Council decided to hold off developing Operation Guidelines until a future date. The purpose of today's meeting is to develop Operation Guidelines which include: Agenda Guidelines; a Code of Conduct for the Mayor and Council, staff, and the public; and guidelines for standing Council and Ad Hoc Committees. Additionally, several Charter revisions were discussed during the March retreat and it was agreed that a separate workshop would be held to discuss those as well. Tuesday, June 8u' has been reserved for the Charter discussion. Financial impact: None. Recommendation: That the Mayor and Common Council discuss and take possible action regarding Operational Guidelines. "Building a Better Community" Name ofProFram: Operational Guidelines Program: Code of Conduct PROPOSED TOPIC AREAS FOR A CODE OF CONDUCT 1. General Overview The residents and businesses of the City of San Bernardino are entitled to have fair, ethical and accountable local government which has earned the public's full confidence for integrity. To this end, the Mayor and Common Council of the City of San Bernardino have adopted a Code of Conduct for its members to assure public confidence in the integrity of local government and its effective and fair operations. 2. Rules of Decorum The professional and personal conduct of the Mayor and Common Council must be above reproach and avoid the appearance of impropriety. The Mayor and members of the Common Council shall refrain from abusive conduct, personal or verbal attacks upon the character or motives of each other, the staff or the public. 3. Resaect for the Process The Mayor and members of the Common Council shall perform their duties in accordance with the processes and rules of order established by them in governing the deliberation of public policy issues, involvement of the public and the implementation of policy decisions of the Mayor and Common Council by City staff. 4. Conduct of Public Meetines The Mayor and Common Council shall prepare themselves for public issues; listen courteously and attentively to all public discussions before the body; and focus on the business at hand. They shall refrain from interrupting other speakers; making personal comments not germane to the business 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. Sharine 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. 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" 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. Representation of Private Interests The Mayor and Common Council shall not appear on behalf of private interests or third parties before the Council or any commissions or proceedings of the City. 12. 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. 13. 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 shall respect and adhere to the council-manager structure of city government whereby the Council determines the policies of the City with the advice, information and analysis provided by the public, commissions and City staff. The Mayor and Common Council shall, therefore, not interfere with the administrative functions of the City or the professional duties of City staff; nor shall they impair the ability of staff to implement Council policy decisions. The Mayor and Common Council will not divert management from the approved priorities with issues of personal interest or requests for information that may require significant staff resources without the active approval of the majority of the Mayor and Common Council. The Council will come to consensus regarding major issues that need further exploration and analysis so as to judiciously assign tasks to the City Manager and his staff. 14. Public Relations When the Mayor and Common Council have not taken a position on an issue, neither the Mayor nor any Councilmember will speak on behalf of the Mayor and Common Council. When presenting their individual opinions and positions, Councilmembers shall explicitly state that they do not represent their body, the City of San Bernardino, nor will they allow the inference that they do. After a decision is made, the Mayor serves as the spokesperson for the City's view on policy matters; the Common Council will speak with "one voice." Once the Common Council has taken a vote, members will let the decision stand and avoid undermining the Council's stated direction and decision. 15. Positive Work Place Environment The Mayor and Common Council shall support the maintenance of a positive and constructive work place 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. Page 2 of 8 "Building a Better Community" 16. Communication with City Manaaer and Staff • The City Manager is responsible for managing the day-to-day operations of City government. • Unless it is a simple inquiry, the Mayor or members of the Common Council will contact the City Manager before going to Department Directors. • When contacting Department Directors through e-mail, the Mayor and Council members will copy the City Manager as a courtesy. • The City Manager will ensure that the Mayor and Common Council are proactively informed on major policy issues or issues that may attract media or public attention; likewise, the Mayor and Common Council members will give the City Manager notice if he or she learns of issues of concern. • The Mayor, Common Council, City Manager and staff will not blindside each other in public. • Council members are encouraged to submit questions on agenda items to the City Manager as far in advance of the meeting as possible so that staff can be prepared to respond at the meeting. • The Mayor and Common Council shall not criticize staff in public. • The Mayor and Common Council will refer citizen complaints to staff and give them adequate time to respond. Staff will report back to the Council through the City Manager on the resolutions of these complaints. • The Mayor and Councilmembers will be provided with information from staff and other members on an equal basis so that they are equally prepared to make good decisions. 17. 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 Common Council may impose sanctions on members whose conduct does not comply with the City's ethical standards, such as reprimand, formal censure, or loss of committee assignments. A violation of this Code of Conduct shall not be considered a basis for challenging the validity of a council decision. The Mayor and Council members entering office shall sign a statement affirming that they have read and understood the Code of Conduct and protocol. Page 3 of 8 "Building a Better Community" Name ofProFram: Operational Guidelines Program: Agenda Guidelines PROPOSED AGENDA GUIDELINES FOR BRINGING MATTERS BEFORE COMMON COUNCIL 1. Placin¢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 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 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. 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 shall be delivered to eaeh the Mayor and each Councilmember so as to be available no later than the Thursday preceding the Council Meeting. Except in the case of items qualifying as urgency items under the Brown Act, no item shall be considered by the Mayor and Common Council if not included in the agenda; however, a correction or supplement to an item already contained in the packet may be included. 4. Pasting 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. Page 4 of 8 "Building a Better Community" 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. b. Generally, only those matters listed on the agenda shall be acted upon by the Mayor and Common Council. However, if a matter is deemed to be urgent by the Mayor, Councilmember, the City Manager, City Clerk, or City Attorney, it may, in accordance with the Brown Act, be added to the agenda and acted upon by the Mayor and Common Council if an explanation of the urgency is stated in open Council Meeting and a majority, or super majority, depending upon the applicable provisions of the Brown Act, of the Common Council consents to hear it. ROLE OF MAYOR AND COMMON COUNCIL REGARDING COUNCIL MEETINGS 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. 4. Once a vote is taken on an issue, Councilmembers will 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 majority. 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. Page 5 of 8 "Building a Better Community" 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 I. Members of the public attending Council meetings shall observe the same rules and decorum applicable to the Mayor, Common Council, and staff. 2. All speakers must approach the podium when recognized by the Mayor. Members of the public shall only speak from the podium. Stomping of feet, whistles, yells or shouting, and/or similar demonstrations are unacceptable public behavior. 3. Members of the public shall turn off or switch any electronic equipment such as pagers and cellular telephones to a silent mode while attending a City Council meeting. 4. If a member of the public desires to provide written correspondence (I 1 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" Nance of Program: 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. Ouorum A majority of the committee membership shall constitute a quorum. 5. Referrals Only the Common Council as a whole, the Mayor or the City Manager shall make referrals to the standing committees. Referrals will generally be directed to only one of the standing committees. Items may be withdrawn from the committee and taken up for consideration by the Common Council at any Common Council meeting with the consent of a majority of the Common Council, and subject to any applicable noticing or agenda posting requirements. Councilmembers who submit matters to the Mayor and Common Council which are referred to a standing committee may appear before the standing committee to which the referral has been made in order to speak as proponents of the matter. Standing committee meetings during which such referrals may be considered shall be noticed as Council meetings for the purpose of enabling the standing committee to discuss and consider the matter with a quorum of the Common Council present. 6. Function of Committees The purpose and intent of committee meetings is to provide for more thorough and detailed discussion and study of prospective or current Council agenda items with a full and complete airing of all sentiments and expressions of opinion on city problems by both the Common Council and the public, to the end that Common Council action will be expedited. Actions of the Page 7 of 8 "Building a Better Community" committee shall be advisory recommendations only. Within 120 days of the referral, the item will be placed back on the Common Council agenda for an update or final action. 7. Minutes The Common Council staff shall be responsible for the preparation and distribution to the Mayor and Common Council of the minutes of standing committee meetings. The minutes for these meetings shall be action minutes which reflect the motions made during these meetings. The minutes shall be delivered to the Mayor and Councilmembers before the Council meeting at which the Committee's recommendations are to be discussed. 8. 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. 9. 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. 10. 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. 11. Conduct of Standin¢Committee Meetinas The chairperson of each committee may conduct meetings with as much informality as is consistent with Mayor and Common Council procedural rules, which shall also be in effect during committee meetings. The views of interested private citizens may be heard in committee meetings, but in no case shall a committee meeting be used as a substitute for public hearings required by law. 12. Oral Communications Opportunities for oral communications shall be provided in the same manner as Council meetings. AD HOC COMMITTEES In addition to standing committees, the Mayor Pro Tempore, subject to approval of the Common Council, may appoint members to such other Ad Hoc Council Committees as deemed desirable and necessary to assist and advise the council in its work. Upon his/her appointment, the Mayor Pro Tempore shall review the number and purpose of the Ad Hoc Committees before assigning members. These Ad Hoc Committees meet on as needed basis. Page 8 of 8 fan Bernar ino �p Where History and the Future Meet! 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 o decorum create chaos disharmony and dysrun ction I. Background: Dr. Bill A. Code of Conduct 2000 Guidelines oB. 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 #z CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Fred Wilson, City Administrator Subject: Conduct Guidelines for elected officials and employees Dept: City Administrator's Office Date: May 29, 2000 M Synopsis of Previous Council Action: October 1998 - Mayor and Council adopt goals and priorities for the City. Recommended motion: Approve the Conduct Guidelines. Signature Contact person: Fred Wilson Phone: 384-5122 Supporting data attached: Staff report, attachment Ward: All FUNDING REQUIREMENTS: Amount: -0- Source: (Acct. No.) (Acct. Description) Finance: Council Notes: b�S�afbp Agenda Item No. 7 STAFF REPORT Subject: Conduct Guidelines for elected officials and employees arkground: 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 planning for 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. Financial Impact: None Recommendation: It is recommended that the Mayor and Common Council approve the Conduct Guidelines. City of San Bernardino CONDUCT GUIDELINES p" umose and Intent It is the intent of the City of San Bernardino, its Mayor, Common Council, other elected officials and employees, to promote conduct which reflects this City's commitment to fair, responsible, and Impartial decision-making. This City intends to conduct its business with integrity, courtesy, and professionalism. As such, the City's business is to be conducted in an orderly and efficient manner through proper channels. Its elected officials 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, City Attorney, City Treasurer, and all employees of the City of San Bernardino intends to adhere to the following Conduct Guidelines. II. OConduct Guidelines P rtainin¢ n The Mayor and Common Council These Conduct Guidelines affirm the Mayor as Chief Executive Officer of the City of San Bernardino, as provided in Article IV of the Charter for the City of San Bernardino. The Mayor shall have general supervision over all 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 City of San Bernardino. The Mayor and Members of the Common Council shall not attempt to coerce or influence City staff in making appointments, awarding contracts, selecting consultants, processing development applications, granting City licenses or permits, or conducting any administrative task within the authority of City staff. Members of the Common Council shall not attempt to change or interfere with the operating policies and practices of any City department without working through the proper channels for decision-making and communication, such as by contacting the Mayor or City Administrator. i 1 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 City, 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 discharge of his or her official duties. No Member of the Common Council shall use his or her office or the power or authority of that office in any manner intended to induce or coerce any person or entity to provide, directly or indirectly, anything of value which shall accrue to the advantage or benefit of that Council Member or any other person. Ill. Conduct of Council Meetinsa 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 meeting 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. 2 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. Items which require specialized knowledge and ,msearch will be referred to committees to the largest extent possible. Due co'nfideratibn will be given to the committee recommendation. IV. Conduct Guidelines Pertaining to All Elected Officials, Appointed Official And Emnloyees Ali elected officials, appointed officials and employees shall carry out the laws of the United States of America, State of California and the City 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 public officials and employees unless prohibited from doing so by law or legitimate requirements of their job. All elected officials, appointed officials and employees should conduct business in a fair and equitable manner with all individuals, groups, businesses, organizations and other elected and public official and employees. No elected official, appointed official or employee shall use City-owned property for personal use without reimbursement to the City for that use, except as provided by law, contract 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 elected official, appointed official or employee shall have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction, which is in conflict with the proper discharge of their official duties, in accordance with law. No elected official, appointed official or employee shall knowingly disclose confidential information acquired in the course of and by reason of official duties, 3 nor shall any elected official or employee use any such information for personal gain, in violation of law. V. Remonsibility The Mayor shall be responsible for implementing these Conduct Guidelines. 4 I RESOLUTION NO. 84-371 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING PROCEDURAL RULES FOR MEETINGS OF THE LEGISLATIVE BODY; AND REPEALING 3 RESOLUTION NO. 81-161. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: I 6 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. 11 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 i 15 all interested parties shall have an opportunity to participate in i 16 germane discussion of matters of business before the Common 17 Council. 18 SECTION 3. Resolution No. 81-161 is hereby repealed. 19 I HEREBY CERTIFY that the foregoing resolution was duly 20 adopted by the Mayor and Common Council of the City of San 21 Bernardino at a regular meeting thereof, held on 22 the 17th day of September , 1984, by the following vote, 23 to wit: 24 AYES: Council Members Castaneda, Reilly, Marks, 25 Niel, Frazier. , Strickler 26 NAYS: Council Member Hernandez 27 ABSENT: None 28 City Clerk Forney ing resolution is hereby approved i day 1984. ayor f C ty of San Bernardino form: � 8 9 10 11 I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 21 1 PROCEDURAL RULES FOR MEETINGS OF 2 THE MAYOR AND COMMON COUNCIL 3 4 I. PRESIDING OFFICER 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. 15 A. The Presiding Officer shall be fair and impartial during 16 the deliberations and proceedings of the Mayor and 17 Common Council. He shall be bound by and comply with 18 these rules of the Common . Council in his actions and 19 conduct as Presiding Officer. 20 B. The Presiding Officer may make brief introductory 21 remarks and may recommend, or advocate approval or 22 disapproval , a continuance , or any other action 23 concerning any business item after the number and title 24 of the item is announced by the City Clerk. The 25 Parliamentarian may act to terminate those introductory 26 remarks that appear to be excessive and, thereafter, 27 such remarks shall cease. Introductory remarks can be 28 made by the originator of the item. F,xHt�C1 i{ 1 I C. Any comments, debate or discussion may be terminated at 2 any time, without recognition by the chair, by a motion 3 for the previous question which is duly adopted by the 4 Common Council. 5 D. The Presiding officer shall maintain control of the 6 meeting and impartially recognize persons desiring to 7 address the Common Council. He shall strive to be fair, 8 impartial and courteous while maintaining control. 9 Concerning contested or controversial items, he shall 10 attempt to fairly apportion the allotted time for debate 11 or presentation of evidence between proponents and 12 opponents. He shall not threaten, intimidate or engage 13 in personal attacks upon or criticism of any person at 14 the meeting. He shall not comment upon or evaluate the 15 remarks made by any person except in the lawful exercise 16 of his right to approve or disapprove any order of the 17 Common Council. Such right shall be exercised before i8 adjournment. 19 E. Except when the motion is non-debatable , the Presiding 20 officer shall permit each Council member to make remarks 21 relevant to the matter under discussion before the vote 22 thereon is taken. 23 F. The City Clerk, City Administrator or City Attorney 24 shall be recognized by the Presiding Officer after such 25 official has sought recognition by obtaining the 26 attention of the Presiding officer and shall be given 27 the floor as soon as the speaker having the floor is 28 finished. -2-- 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 15 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 1g 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 in 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. -3- I C. Members shall strive , at all times , to keep their 2 remarks germane to the item which is on the floor for 3 discussion and every attempt shall be made to process 4 the business of the meeting in an expeditious and 5 courteous manner. 6 IV. COUNCIL AGENDA I All items to be considered by the Mayor and Common Council at 8 a public meeting shall be presented to the City Clerk, for 9 placement on the agenda of the Mayor and Common Council prior to 10 4 :00 p.m. on the Tuesday following the first and third Mondays of 11 the month for regular meetings, prior to 2: 00 p.m. at least three 12 business days before any adjourned regular meeting of the Mayor 13 and Common Council , and at least 24 hours before special meetings, 14 and for the emergency supplemental agendas , prior to noon on the 15 Wednesday before the regular meeting , Except as provided in these 16 rules , no item or matter shall be presented to the Mayor and 17 Common Council at a public meeting unless and until a motion is 18 adopted by the Common Council to waive the agenda deadline 19 requirements. 20 Any request to reconsider an item previously considered and 21 acted upon in a final manner by the Mayor and Common Council shall 22 be placed at the end of the supplemental agenda for a determinatio 23 of whether it should be set for a hearing at an appropriate time 24 and place. 25 V. PROCESSING OF MOTIONS 26 When a motion is made and seconded , it shall be stated by the 27 Presiding Officer or City Clerk before debate. A motion may be 28 withdrawn by the mover or seconder at any time before a vote is -4- i taken on the item. 2 A. Motions Out of Order. The Presiding Officer shall at 3 any time , by majority consent of the members, permit a 4 member to introduce an ordinance , resolution or motion 5 out of the regular agenda order. 6 B. Division of Question. If the question contains two or 7 more divisible propositions , the Presiding Officer may, 8 and upon request of a member shall (unless appealed ) , 9 divide the same. 10 VI. PRECEDENCE OF MOTIONS H When a motion is before the Common Council , no motion shall 12 be entertained except: (a) to adjourn, (b) to fix hour of 13 adjournment, (c) to lay on the table , (d ) for the previous 14 question, (e) to amend or present a substitute motion, (f) to 15 postpone (continue ) to a certain day , (g ) to refer , and (h) to 16 postpone indefinitely. The foregoing motions shall have 17 precedence in the order indicated above. 18 EXPLANATION OF MOTIONS 14 A. Motion to Adjourn. (debatable as to time and place) A 20 motion to adjourn shall be in order at any time, except 21 as follows : (1) when repeated without intervening 22 business or discussion; (2) when made as an interruption 23 of a member while speaking; (3 ) when the previous 24 question has been ordered; and (4 ) while a vote is being 25 taken. A motion to adjourn to a specified time shall be 26 debatable only as to the time to which the meeting is 27 adjourned. 28 B. Motion to Fix Hour of Adjournment. The purpose of a I motion to fix the hour of adjournment is to set a 2 definite time at which to adjourn. The motion is 3 undebatable and amendable except as to the time set. 4 C. Motion to Table. (debatable only as to time and place) 5 The purpose of a motion to table is to temporarily 6 bypass the subject. A motion to lay on the table is 7 non-debatable and shall preclude all amendments or 8 debate of the subject under consideration. If the 9 motion shall prevail, the matter may be "taken from the 10 table" at any time. 11 D. Motion for Previous Question. The purpose of a motion 12 for the previous question is to close debate on the main 13 motion. It is non-debatable. (Just stating "question" 14 or "call for the question" does not accomplish the same 15 thing. ) If the motion fails, debate is reopened; if the 16 motion passes, then there shall be a vote on the main 17 motion. 18 E. Motion to Amend. (debatable only as to amendment) A 19 motion to amend an amendment is in order, but one to 20 amend an amendment to an amendment is not. An amendment 21 modifying the intention of a motion is in order, but an 22 amendment relating to a different matter shall not be in 23 order. A substitute motion on the same subject is 24 acceptable. Amendments shall be voted first, then the 25 main motion as amended shall be voted. 26 F. Motion to Reconsider. (non-debatable after being 27 seconded ) The motion to reconsider shall include the 28 -6- i I reason for the request in order to be recognized and 2 valid. 3 G. Motion to Continue. (debatable only as to reason) 4 H. Motion to Refer. (debatable only as to destination of 5 referral ) 6 VII. VOTING 7 On the passage of every motion, the vote shall be taken and 8 entered in full upon the record. 9 A. Failure to Vote. Every member should vote unless 10 disqualified for cause. 11 1. Self-disqualification, without approval, which 12 results in a tie vote should be avoided as 13 thwarting Council action, but no Council member 14 shall be forced to vote. 15 2. Tie votes are "lost" motions and, by vote of the 16 Council, may be reconsidered later. 17 B. Presence Required. only those members of the Common 18 Council actually present in the Council Chambers at the 19 time the vote is called for shall vote. Council members 20 shall cast their vote as expeditiously as possible and 21 may press their voting button on an item when leaving 22 the Chambers for a short time and that vote shall count. 23 A Council member should strive to be present at all 24 times during an evidentiary and quasi-judicial hearing. . 25 C. Reconsideration. Any member may move a reconsideration 26 of any Council action at the same meeting. 27 D. Changing Vote. Any member may change his vote before the 28 meeting is adjourned for that day, provided he orally i -7- I and publicly announces to all members present that his 2 vote will be changed. (A Council member should consider 3 the effect of his change of vote on the vested rights of 4 others who may have relied upon a prior Council action. ) 5 VIII. APPEALS FROM THE RULING OF THE CHAIR 6 A. Whenever a decision has been rendered by the Presiding 7 Officer concerning the operating procedures of the 8 Common Council and before the Common Council moves on to 9 further business , any member wishing to dissent that 10 decision may, without recognition by the Presiding 11 Officer, declare "I appeal the ruling of the chair". 12 B. When this occurs , the Presiding Officer shall, without 13 the allowance of any discussion , call for a vote on the 14 motion to appeal; and if the voting members of the 15 Common Council sustain the appeal by a vote of five or 16 more, then the appeal shall be sustained and the 17 business under discussion when the ruling was made shall 18 proceed as if the Presiding Officer had not made the 19 ruling in question. 20 C. If the appeal is not supported by at least five of the 21 voting members present , then the appeal shall be 22 declared lost by the Presiding Officer and the Common 23 Council shall proceed with the order of business. 24 25 26 27 28 -8- I "Building a Better Community" Name of Program: Operational Guidelines Pro ram. Code of Conduct,Guidel i ncs • PROPOSED TOPIC AREAS FOR A 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. To this end, the Mayor and Common Council of the City of San Bernardino have adopted a Code of Conduct for its members to assure public confidence in the integrity of local government and its effective and fair operations. 2. Rules of Decorum The professional and personal conduct of the Mayor and Common Council must be above reproach and avoid the appearance of impropriety. The Mayor and members of the Common Council shall refrain from abusive conduct, personal or verbal attacks upon the character or motives of each other,the staff or the public. 3. Respect for the Process The Mayor and members of the Common Council shall perform their duties in accordance with the pies of order established by them in governing the deliberation of public policy issues, involvement of the public and the implementation of policy decisions of the Mayor and Common Council by City staff. 4. Conduct of Public 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 a 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 9 "Building a Better Community" 9. Confidential Information The Mayor and Common Council shall respect the confidentiality of information concerning the property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization,nor use such information to advance their personal,financial or other private interest. 10. Use of Public Resources The Mayor and Common Council shall not use public resources that are not available to the public in general, such as City staff time, equipment, supplies or facilities for private gain or personal purposes. 11. Rex {Pa:matroa:r :len:s . o' Gee 12. 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. 13. 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 sha l-should respect and adhere to the established oroceduresal f 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 sheNshould herefere, not interfere with the administrative functions of the City or the professional duties of City staff; nor shouldeB they impair the ability of staff to implement Council policy decisions ner 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 Mavor and Common Council from bringing information forward and discussing it with the City Manager and Staff. 14. Public Relations When the Mayor and Common Council have not taken a position on an issue, neither the Mayor nor any Councilmember w}Wshould 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 wok hould they encourage allew 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." hag takemi a N ote, membefg will let the decision stmd md avoid tinderimiiining the Getineil's stated ifee.i,vmvZrorrand deeiamTd deeisiodeeis:,._ 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. Page 2 of 9 C "Building a Better Community" 16. Communication with City Manager and Staff • The City Manager is responsible for managing the day-to-day operations of City govemment. • 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. 7 • 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 r ed to respond at the meeting. 5 N J • The Mayor and Common Council not criticize staff in public. • The Mayor and Common Council ill refer citizen complaints to staff and give them adequate time to respond. Staff will report back to the Council through the City Manager on the resolutions of these complaints. • The Mayor and Councilmembers will be provided with information from staff and other members on an equal basis so that they are equally prepared to make good decisions. 17. 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. T e d Common Council may impose sanctions on members whose conduct does not comply with the 1 dards, sueh sanctions shall be limited toes reprimand, e J O formal censure,of-loss of committee assignme ursuant to Charter Section 34 onl A c ytq�o ✓u violation of this Code of Conduct shall not be considered a bests t in th ' ' I council decision.The Mayor and Council members entering office shall tgn a s[a et t-afliuy>_ng V t?q �J 'd' that they have read and understood the Code of Conduct and protocol. Page 3 of 9 "Building a Better Community" Name of Program: Operational Guidelines Program: Agenda Guidelines PROPOSED AGENDA GUIDELINES FOR BRINGING MATTERS BEFORE COMMON COUNCIL 1. Placine 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 and Common Council, 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 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. 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 shall be delivered to eeek 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. Page 4 of 9 "Building a Better Community" 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 Clerk shall not,without the consent of the City Manager,accept any new agenda item after the deadlines established in the administrative policies except for the Mayor and Common Council.City Treasurer.and City Attorney. b. GeHefal ly Only those matters listed on the agenda shall be acted upon by the Mayor and Common Council. However, if a matter arises after oostine of the agenda, the provisions of the Brown Act shall sty a o_,. _ A e. of the Common Co .. _ _ to�.e.,_&f. ,�.�..� 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. 4. Once a vote is taken on an issue,Councilmembers are encouraged to wiHsupport 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 materityminority. Page 5 of 9 "Building a Better Community" 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. Foomrieea:rwern:art: o^ 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. C 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. Stomping of feet, whistles. yells of shouting, and/°- _:_' Page 6 of 9 "Building a Better Community" demonstrations ftFe ah - - "° beh °-.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(I1 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. (Ponca:La Name of Program: 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. Ouorum A majority of the committee membership shall constitute a quorum. 5. Referrals Only a vote ol'the Common Council as a whole, the Meya_ ^- the G "^°flag°- shall make referrals to the standing committees. Referrals will generally be directed to only one of the Page 7 of 9 lo— "Building a Better Community" 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. made in Oldei to speak as PFOPOReRtS efthe fflagff. Standing eemmi4tee meetings during which pest. 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. 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. 9. 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. 10. 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. 11. Conduct of Standing Committee Meetings Page 8 of 9 "Building a Better Community" 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 be heard in committee meetings, but in no case shall a committee meeting be used as a substitute for public hearings required by law. 12. Oral Communications Opportunities for oral communications shall be provided in the same manner as Council meetings. AD HOC COMMITTEES In addition to standing committees,the Mayor Pro Tempore,subject to approval of the Common Council, may appoint members to such other Ad Hoc Council Committees as deemed desirable and necessary to assist and advise the council in its work. Upon his/her appointment,the Mayor Pro Tempore shall review the number and purpose of the Ad Hoc Committees before assigning members. These Ad Hoc Committees meet on as needed basis. Page 9 of 9 City of Albany City Council Code of Ethics o CITY OF ALBANY, CALIFORNIA CITY COUNCIL CODE OF ETHICS 1. Cite 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 Council or regarding a Council consensus. However, minority opinions and viewpoints should be honored. Individuals may speak individually, but should note that they are speaking on their own behalf. 2. Build Teamwork Be open with ideas. feelings and attitudes. Seek and gain an honest evaluation of your ideas and recruit assistance in implementing them. I 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 Oand work to draft a solution to meet the largest number of those goals. 4. Value Your Vote You were elected to express your opinions 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 decision of the group. 6. Respect Non-Partisanship The strength of local 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 1. City Councilmembers shall not interfere with the powers and duties of the City Administrator. a. City Councilmembers shall not attempt to interfere with the internal 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. 2. 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. O5. City Councilmembers shall permit Committees. Boards and Commissions to function independently so that recommendations coming from such Boards and Commissions reflect 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 ATASCADERO -SMG'° o COUNCIL NORMS AND PROCEDURES (2007) 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 A.S.A.P. 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: Issues being discussed o Options being considered Progress • Council and committees will give clear and focused direction as early as possible. COUNCIL INTERACTION AND COMMUNICATION WITH STAFF City Manager • 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 off. • Critical information will be 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, i.e., 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 Attorney • 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 Tern 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. Votin - 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 Meetings - 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 Tern 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 functioning 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 'of the City Council and the City's commissions to assure public confidence in the integrity of local government and its effective and fair operation. For ease of reference in the Code of Conduct, the term"member"refers to any member of the Fairfield City Council or any of the City's commissions established by the City Council. 11245.0001%869875v1 City of Fairfield Code of Conduct Page 2 of 5 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's commissions. 2. Comply with the Law Members shall comply with the laws of the federal government, the State of California 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 of public 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. II245.000V869875vI City of Fairfield Code of Conduct Page 3 of 5 7. Communication Members shall publicly share substantive information that is relevant to a matter under consideration by the Council or 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. 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 purposes. 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. 11245.0001\869875v1 City of Fairfield Code of Conduct Page 4 of 5 13. Advocacy Members shall represent the official policies or positions of the City Council or 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 of the 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. 15. 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\869875vI City of Fairfield Code of Conduct Page 5 of 5 18. 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 Council or commission decision. 11245.0001\869875v1 City of Laguna Woods Administrative Policy 1 . 2 Council Meetings — Rules of Decorum CITY OF LAGUNA WOODS ADMINISTRATIVE 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, al l 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 i 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. 1. 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 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: 1. 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 NUMBER: 30 DATE ADOPTED/AMENDED: August 16, 2005 SUBJECT: Council Norms POLICY: General 1. 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. 2. 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 1. 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 Citv Manaeer and Staff I. 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. 2. When City Council members email Department Directors or staff for information, they should copy the City Manager as a courtesy. 3. Department Directors and staff will keep the City Manager informed of any communication with City Councilmembers. 4. 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. O8. 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. 0 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 Meetings • 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 civility 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 presiding officer in maintaining order and equity. 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 problem-solving approaches. 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 respectful of other people's time. Stay focused and act efficiently during public meetings. In Private Encounters • Treat others as you 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 professionals. 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 through the appropriate senior City staff. Questions of City staff should be directed oniv 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 open government, all Council Members should make decisions with the same information from staff on agendized or soon-to-be agendized items (i.e. items on the tentative agenda or in a Council Committee). Never publicly criticize an individual employee including Council-Appointed 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 get 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 representing City positions 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 meetings unless requested by 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. • Respect 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. • Depend upon the staff to respond to citizen concerns and complaints. 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 attending a Board or Commission meeting identify your 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 advisory 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 concern 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 respectful of diverse opinions. 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. • Keep political support away from public 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 relationship. 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 • Respond to Council questions as fully and as expeditiously as is practical. 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. • Respect the role of Council Members as policy makers for the City Staff is expected to provide its best professional recommendations on issues. Staff should not try to determine Council 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 alternatives to staff recommendations as appropriate, as well as pros and cons for staff recommendations and alternatives • Demonstrate professionalism and non-partisanship in all interactions with the community and in public meetings • It is important for the staff to demonstrate respect for the Council at all times. All Council Members should be treated equally. OTHER PROCEDURAL ISSUES • Commit to annual review of important 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 politicize procedural issues (e.g. minutes approval or agenda order) for strategic purposes. 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 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. • Respect the work of the Council standing 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 Mayor and Vice Mayor should work with staff to plan the Council meetings. 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. Comply 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 California 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. Respect 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. 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 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. Advocacy: 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 a 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 (i.e. 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 a 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 a mail or, alternatively, will be responded to at the Council meeting. • Staff will not engage in "dialogues" with individual Council Members regarding questions, i.e. 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 a mail 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 a 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 a mail 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 committees shall be subject to the following procedural rules. 1. Quorum. A majority of the committee membership shall constitute a quorum. 2. Referrals. Only the Council or City Manager shall make referrals to the standing committees. Referrals will generally be directed to only one of the i standing committees. 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 committee may appear before the standing committee to which the referral has been made in order to speak ) as proponents of the matter. Standing committee meetings during which f 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. 3. 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 Council and the public, to the end that Council action will be expedited. Actions of the committee shall be advisory recommendations only. 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 City Council Procedures Handbook(Revised 4/13/09) V-1 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 practicality,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. ..699.. i ' Palo Alto Municipal Code, § 2 .04.080(b) . Palo Alto Municipal Code, § 2 .04.120(c) ; 2.04 ,150 (b) ss; Palo Alto Municipal Code, § 2 .04 .010 (b) . s" Palo Alto Municipal Code, § 2.04 .050 (a) . -" Palo Alto Municipal Code, § 2 .04 .070(c) Palo Alto Municipal Code, § 2.04.020. "ss Palo Alto Municipal Code, § 2.04 .030. Palo Alto Municipal code, § 2.04.040. City Council Procedures Handbook(Revised 4113/09) V-2 City of Portsmouth Portsmouth City Council Operating Guidelines C 0Z.- 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.ft 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. O13. 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. O City of Sunnyvale Code of Ethics O CITY OF SUNNYVALE CODE OF ETHICS For members of Sunnyvale Citv 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 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 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 O integrity of local government and its effective and fair operation. 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 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 California 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 OCouncil, boards and commissions, the staff or public. 4. Respect for Process v Members shall perform their duties in accordance with the processes and rules of order established by the City Council and board and commissions governing the deliberation of public policy issues, meaningful involvement of the public, and 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. 7. Communication Members shall publicly share substantive information that is relevant to a matter under consideration by the Council or 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. V11. 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 Council or 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 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 of Sunnyvale, nor will they allow the inference that the), do. 14. 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. 15. 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 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. 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 Council or of a Sunnyvale board or commission,I 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 Osolutions for the public benefit; QAvoid 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 © I Lawmakers want to limit text messages, e-mails - LA Daily News Page 1 of 3 d a 1Nmakers want to limit they're on and they get a text or e-mail from a lobbyist or anyone discussing city business, they text messages, a-mails must say so right then and there. Experts say San Jose's policy is a model for open Evelyn Nieves,The Associated Press government in the digital age. Other cities and Updated:03/21/2010 11:37:30 AM PDT state legislatures are adopting their own rules at a time when officials are increasingly fielding { � requests for lawmakers' cellphone records, e- mails and text messages. "Essentially what we've said is a public record is .... �j a public record," San Jose Mayor Chuck Reed i i said, "no matter where it exists." v' I More than half of the legislative chambers in the states restrict the use of electronic devices Q©QQ©OpQQpD in some form, including dozens that prohibit the atsQtaton 98000 use of cell phones on the floor, according to the 000soa a©©�° National Council of State Legislatures. ©l�eloo© In California, the new Assembly Speaker, John Perez, D-Los Angeles, is trying to impose a ban The Motorola Devour with Moloblur 3G phone has a on texting from lobbyists to lawmakers on the t•• hed aluminum exterior and user-friendly Android floor or in committee. The state Senate already ng software,the Devour lets you surf the web, requests that its members not use personal cell e-mail and update your Facebook status with relative ease.(Jeff Chiu/Associated Press) phones and electronic devices during meetings. SAN FRANCISCO—Open government in the San Francisco Mayor Gavin Newsom says he is heart of Silicon Valley is starting to mean turn considering banning texting and e-mailing off, tune out, power down. between lobbyists and lawmakers during City Hall meetings. When the San Jose City Council meets just miles from the Apple and Google campuses, its m But advocates for open and accountable embers shut down all portable electronic government say that banning texting or a- devices, as though they were in a theater. If mailing during meetings leaves huge loopholes Advertisement 1 Bring Classroom to With a Degree Online From Florida Tech TV Rod&Tech d" UNIVERS111 ONLINE ® APPLY TODAY! 1. �a FloridaTechOnline.com/fEl 1-888-253-5946 Print Powered By a Fo, r1 I•-.cDynamics 1.4tr.•/h.n.,....1.,:1.,.,e..... ....«.�..,......�... 14' 1' 07 t 1 11 A Inn.n Lawmakers want to limit text messages, e-mails - LA Daily News Page 2 of 3 rr - r lobbyists and lawmakers could text or e- other devices. each other just before or after a meeting. Mayor Reed said discussion of the new policy The better policy, they say, is one like San Jose's, began a year ago, after a City Council member which requires officials to disclose all received a text from a lobbyist during a voting discussions of public business, including those session that was meant for another council conducted on personal cell phones or laptops. member. The text, which the member made public, appeared to be directions on how to vote "A ban is better than nothing but not much," on the lobbyist's issue. said Peter Scheer, executive director of the First Amendment Coalition, a San Rafael, Calif.-based Under the new policy and depending on the non-profit that advocates for open and severity of the breach, the mayor said, violators accountable government. could face public exposure or possible censure. "It's more a cosmetic political gesture aimed at In Florida, with one of the most far-reaching avoiding embarrassment since so many public open records laws in the country, a state officials are actually receiving messages during a commission recommended a number of new hearing or a voting session that tells them how policies in a January 2009 report, including a ban to vote," Scheer said. "Disclosure is the better on texting during public meetings to eliminate idea." external communications with parties not speaking publicly at the meetings. San Jose's policy is a prototype, he said. But the law did not arrive there easily. To date, however, very few cities in Florida have adopted the recommendations, said Barbara �s enacted months after a series of articles Peterson, chair of the commission and president San Jose Mercury News last summer called of the First Amendment Foundation, an open a«ention to how text messaging between government advocacy group. council members and lobbyists skirted the city's promises of open-government reform. "Cities have been all over the map," Peterson said. "We're not really dealing with these issues The law also took a lawsuit from an on a statewide basis." environmental group, which cited the California Public Records Act in suing the mayor and council Peterson and other First Amendment advocates for refusing to produce e-mails, text messages say that no matter what laws are enacted and other electronic communications about city regarding texting, e-mailing and other electronic business from officials' personal cell phones or communication, anyone determined not to Advertisement N Classroom to Your Home Bring With a • Degree Online From Florida Tech • A Pr 11+ Print Powered By d f r> i i:° Dynamics" him./6,n.-.., .J..:L.......... ........./..�...,,i,.: in�i -�o-�n ,. ,...,....... Lawmakers want to limit text messages, e-mails - LA Daily News Page 3 of 3 • 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. Advertisement M' Bring • Classroom o Your o • With • Degree Online From 1 1 Fbrida Tech FloridaTechOnline.com/F0 1 t 1-888-253-5946 Print Powered By d'Fc Dynamics