HomeMy WebLinkAbout02- City Manager's Office CITY OF SAN BERNARDINO — REQUEST FOR COUNCIO�&19NAL
From: Charles McNeely, City Manager Subject: Follow-up Mayor and Common
Council Retreat/Workshop- Develop
Dept: City Manager's Office Conduct Guidelines and Discuss City
Charter Changes.
Date: June 3, 2010
Council Date: June 8, 2010
Synopsis of Previous Council Action:
March 25, 2010 Mayor and Common Council Retreat
March 26, 2010 Mayor and Common Council Retreat
March 27, 2010 Mayor and Common Council Retreat
May 25, 2010 Follow-up Mayor and Common Council Retreat/Develop Operating
Guidelines
Recommended Motion:
That the Mayor and Common Council discuss and talk possible action regarding
Conduct Guidelines
Signa ure
Contact person: Tanya Rnmo Phone: 909-384-5122
Supporting data attached: Staff Report, Operating Guidelines,
Management Partners Report
Ward: None
FUNDING REQUIREMENTS: Amount: None
Source:
Council Notes:
Agenda Item No.
STAFF REPORT
Subiect:
Follow-up Mayor and Common Council Retreat/Workshop:
A. Continue Development of Operating Guidelines
B. City Charter Change Discussion
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 Operating Guidelines until a future date. On May 25, 2010, the Council held a
workshop with Facilitator Dr. Mathis to develop Operating Guidelines which included:
Code of Conduct for the Mayor and Council, staff, and the public; Agenda Guidelines; and
guidelines for standing Council and Ad Hoc Committees. At that meeting, the Mayor and
Council concluded the discussion related to the Code of Conduct and agreed to continue
the discussion on the Agenda Process and Council Committees to the meeting on June 8th.
Additionally, at the workshop in March, several Charter revisions were discussed and it
was agreed that those would be heard at a separate workshop as well. Attached are a
number of excerpts from the report of the Mayor and Common Council Retreat that related
to the discussion on changes to the City Charter. At the retreat, the Mayor and Common
Council identified eight general goal areas with 18 specific goals. Goal number 10, which
is a part of the Responsive Government general goal, is defined as follows:
1
Goal #10. Review and update the City Charter to assure the most efficient and
effective form of government.
• Modernize City by sponsoring a charter change process and bring it
to the voters
• Decrease elected positions — City Clerk, City Treasurer, City
Attorney
• Implement a proposed Charter change that will benefit the residents
of San Bernardino
• Change the form of government by bringing outside
departments/agencies under one roof
• Change the form of government
• Review and update the Charter to assure the most efficient, effective
form of government
Further, during the retreat,the Council developed the following strategy:
Goal #10 is a Council issue and requires a policy-making discussion. We will meet
as a committee of the whole, have open and honest dialogue, and figure out how to
pursue the 3 or 4 separate issues as listed below:
(1) Bring agencies that are currently outside the Mayor's office into the
City Manager's office
(2) We have overlap between the Mayor's office and the City Manager's
Office in terms of roles and need to clarify those roles
(3) Taking certain elected offices and making them appointed offices
(4) Make sure that Council has a clear role in policy making — enable the
Council to take back the primary role in policy making
Additionally, the Council asked that the City Manager provide a list with specific
examples from about the impediments and the benefits regarding charter changes. This
information is provided in the attached report from Management Partners.
Finally, the following issues have been identified as potential charter changes for the
Council to consider:
• Modernize charter language to eliminate redundancies,
inconsistencies or obsolete language
• Review and modernize the charter defined election processes
Financial impact:
None.
2
Recommendation:
That the Mayor and Common Council discuss and take possible action regarding
Operating Guidelines and;
That the Mayor and Common Council discuss and take possible action regarding Changes
to the City Charter provisions.
Attachments:
1. Operating Guidelines — Code of Conduct, Agenda Process, and Council Committee
(from 5/25/10 Workshop)
2. Excerpts from the session report of the March 25`b - 27th 2010 Mayor and Council
Retreat
3. Management Partner's Report dated June 3, 2010
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Attachment 1
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 _ I[,
Date: May 29, 2000 C r`) " �f
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:
Agenda Item No. _
STAFF REPORT
Subject:
Conduct Guidelines for elected officials and employees
BackgLU d;
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:
4 Building trust and communication within City government and throughout the
community.
4 Organizing and planning for the future.
4 Streamlining City operations to improve efficiency and effectiveness.
One of the action items under this goal was to develop a comprehensive Code of
Conduct/Etbics. 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.
Financ— --- iW fmnacL-
None
Recommendation
It is recommended that the Mayor and Common Council approve the Conduct
Guidelines.
Ciiry of San Bernardino
CONDUCT GUIDELINES
Pulpose and Intent
It is the intent of the City of San Bemardino, 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.
ll.
Conduct uid Ifn Pertfnin=
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.
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Members of the Common Council shall not attempt to influence commission
or committee recommendations, or to influence or lobby individual commission or
j committee members on any item under consideration.
No member of the Common Council should exceed their authority or ask
j 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.
111.
Condu LPLQmacjLMffV=
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 professionaiism.
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.
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Members of Council should limit their debates to the issues before them.
Each Council Member should refrain from making personal and/or derogatory
remarks about other Council Members.
Items which require specialized knowledge ,and {esearch will be referred to
committees to the Largest extent possible. Due constderadon will be given to the
committee recommendation.
iV.
Conduct.•uid lin C pe aininr�o
All Elected Officials, Appointed Officials
And mRLQ=
All 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,
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nor shall any elected official or employee use any such information for personal
gain, in violation of law.
V.
RR=onsibility
The Mayor shall be responsible for implementing these Conduct Guidelines.
4
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1-f MW
L 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
j 13 of the City of San Bernardino. The objective of the rules is to
14 assure that meetings will proceed in an orderly manner and that
15 all interested parties shall have an opportunity to participate in
16 germane discussion of matters of business before the Common
17 Council.
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 Ouiel, Frazier. , Strickler
26 NAYS: Council member Hernandez
27 ABSENT: None
28
City Clerk
1 The foregoing resolution is hereb y approved i day
2 of _September 1984.
3
4 ayor f C 'ty of San Bernardino
5 Approved as to form:
7 City At orney �
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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 . Councii 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.
Fy�dl�If N
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
18 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
IS 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^
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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
7 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
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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
11 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
19 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
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J 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
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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
I0 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.
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--6-
"Building a Better Community"
Name of Program: Operational Guidelines
Program:Code of ConducvGuidelines
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 preeessesead-+ procedural rules for meetings of orideF 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 Iaterest
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
"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. _
Formatted:ydwt_left 0'
(etffl
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 should respect and adhere to the established proceduresnl
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 shAshould;theref)w, not interfere with the administrative
functions of the City or the professional duties of City staff; nor shouldaA they impair the ability
of staff to implement Council policy decisions per City Charter Section 104.
The Mayor and Common Council will not divert management from the approved priorities with
issues of personal interest or requests for information that may require significant staff resources
without the active approval of the majority of the Mayor and Common Council. The Council will
come to consensus regarding major issues that need further exploration and analysis so as to
judiciously assign tasks to the City Manager and his staff. This language does not prohibit The
won Council from bringing information forward and discussing it with the Citv
14. Public Relations
When the Mayor and Common Council have not taken a position on an issue,neither the Mayor
nor any Councilmember wi4-should speak on behalf of the Mayor and Common Council. When
presenting their individual opinions and posit ions, Councilmembers shall should explicitly state
that they do not represent their body, the City of San Bernardino,nor witHshould they encourage
al4evrthe 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 wiWshould speak with "one voice." Onee the ^°—mg- ^°°-°"
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
"Building a Better Community"
16. Communication with City Manager and Staff
• The City Manager is responsible for managing the day-today 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 leams 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, ggjJ_sae4rsanctions shall be limited toes reprimand,
formal censure,eFloss of committee assignments,or fines pursuant to Charter Section 34 only. 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 9
"Building a Better Community"
Name ofProgrant: 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 each the Mayor and each Councilmember so as to
be available no later than the Thursday preceding the Council Meeting.
Except in the case of items qualifying as urgency items under the Brown Act, no item shall be
considered by the Mayor and Common Council if not included in the agenda; however, a
correction or supplement to an item already contained in the packet may be included.
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"Building a Better Community"
4. Posting of Agenda
The City Clerk shall post the agenda of each City Council Regular or Adjourned Regular Meeting
at least 72 hours in advance of said meeting in a location that is freely accessible to members of
the public. The City Clerk shall maintain an affidavit indicating the location, date and time of
posting each agenda.
5. Failure to Meet Deadlines
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. Generally, Only those matters listed on the agenda shall be acted upon by the Mayor and
Common Council. However, if a matter arises after Posting of the agenda, the provisions of the
Brown Act shall
City GeFk. E)F City Attemey, at may, in aeaeFdanee with the BF0WR Aet, be added to the agende
and aeted apen b) the Playef and Gommen Geuneil if an explanation of the wgeney is stated in
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 not 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 encoura eg d to wilfsupport 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 majer-ityminority.
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"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.
{rwmamea:[MenC Left: 0' ___
ROLE OF CITY STAFF REGARDING COUNCIL MEETINGS
1. City staff will provide written analysis and information on all agenda items prior to the meetings.
Additionally,a copy of the materials,including technical reports,will be available to the public.
2. Staff will be available to answer questions of the City Council prior to and during City Council
meetings.
3. Staff will respond to questions from the public during City Council meetings when requested to do
so by the Mayor,City Council,or City Manager.
4. During Council meetings, staff shall turn off or switch any electronic equipment such as pagers
and cellular telephones to a silence mode.
5. Staff will remain objective on issues. Staff should not be an advocate for issues unless so directed
by the Mayor and Common Council;rather,they should promote or assist the efforts of Mayor and
Common Council.
6. City staff will implement all Mayor and Common Council policies as directed by the City
Manager.
ROLE OF THE PUBLIC DURING COUNCIL MEETINGS
1. Members of the public attending Council meetings shall observe the same rules and decorum
applicable to the Mayor,Common Council,and staff.
2. All speakers must approach the podium when recognized by the Mayor. Members of the public
shall only speak from the podium. Stemrying ef°-t whis•'-- ye - -- sheuti g,an&ef_,;m"Off
Page 6 of 9
"Building a Better Community"
tinsteeeptable _. b ie behavief.Thc Public shall not engage in conduct that
disrupts the meeting.
3. Members of the public shall turn off or switch any electronic equipment such as pagers and
cellular telephones to a silent mode while attending a City Council meeting.
4. If a member of the public desires to provide written correspondence(11 copies recommended)to
the Mayor and Common Council,all such materials shall be given directly to the City Clerk prior
to the meeting,or if during the course of the meeting,the materials shall be given to the City staff
on the dais. At no time shall the public provide materials directly to the Mayor and Council.
• �hnnsmea:tea ---___.. _..__�
Name of Program: Operational Guidelines
Program: Council Committees
PROPOSED STANDING AND AD HOC COUNCIL COMMITTEES GUIDELINES
STANDING COMMITTEES
I. Policv
It is the policy of the Mayor and Common Council to use standing committees in open and public
meetings to study City Business in greater depth than what is possible in the time allotted for
Council meetings.
2. 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. Quorum
A majority of the committee membership shall constitute a quorum.
5. Referrals
Only a vote of the Common Council as a whole, shall make -
referrals to the standing committees. Referrals will generally be directed to only one of the
Page 7 of 9
"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-'m., ..om.....,. speak as proponents Standing committee meetings during hie
ffeseiit.
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
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"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
Attachment 2
Excerpts from the
Mayor and Common
Council Retreat
March 25 -27 , 2010
6) Create economic development plan and strategies (e.g. Downtown)
• Identify a master plan which will clearly spell out short and long term goals
• Reinvigorate downtown
• Aggressively pursue downtown redevelopment focused on EDA resources and
partnerships with SANBAG, Omnitrans, SBIA, IVDA, and County and Courts
• Plan with future "what-if" and worst case scenarios to prevent unintended
consequences
• Identify key economic development opportunities throughout City and Develop
strategic plan for capitalizing on opportunity areas
Education
7) Partner with School District to support K-12 education.
• Work with school district, university and community college to develop and support
educational reforms for our public schools to create a successful education K-12
pipeline
• Partner more closely with school administration (school by school and neighborhood
by neighborhood) to prevent crimes by and against children
• Strive for a high quality educational system
• Promote effective partnering with our education community
• Support public schools
• Development coordinated educational service from birth through retirement
8) Provide incentives and streamline support for charter, preschool and higher learning
• Support Charter schools
• Provide incentives and streamlined support for Charter, pre-school and higher
learning institutions
• Work with charter schools to support their physical campus needs
Responsive Government
9) Enhance customer service, communications with residents, and response times
• Develop a comprehensive communication strategy for City government
• Require 24-hour response time for email or phone
• Provide customer service training quarterly conducted by department heads
rewarding support staff with "atta boys/girls" via survey completions
• Mandatory customer service training
10)Review and update the City Charter to assure the most efficient effective form of
government
• Modernize City by sponsoring a charter change process and bring it to the voters
• Decrease elected positional - City Clerk, City Treasurer, City Attorney
• Implement a proposed Charter change with will benefit the residents of SB
• Change for of government by bringing outside departments/agencies under one roof
• Change form of government
• Review and update Charter to assure the most efficient, effective form of
government 0A
2
2010 MAYOR AND COMMON COUNCIL GOALS
Safe Community
1) Empower, support and expand neighborhood associations
2) Change image to one of a safe community through responsive public safety efforts
3) Implement proactive public safety strategies
Business and Economic Development
4) Streamline development process
5) Create an aggressive economic development marketing plan
6) Create economic development plan and strategies (e.g. Downtown)
Education
7) Partner with School District to support K-12 education
8) Provide incentives and streamline support for charter, preschool and higher learning
Responsive Government
9) Enhance customer service, communications with residents, and response times
0) and update the City Charter to assure the most efficient effective form of]
government
Vibrant Quality of Life
11)Enhance arts, culture, special event to include options and convenience to become a
destination city
12)Provide additional libraries, community centers, parks and recreation funding and
programs
Transportation and Infrastructure
13)Create transit oriented development
14)Establish an infrastructure plan
14
Beautification
15)Enhance code enforcement
16)Enhance gateway and commercial corridors and public right-of-ways
Housing and Home Ownership
17)Develop multifaceted housing strategy
18)Develop strategies and incentives to increase homeownership ratio
4
FOLLOW UP STRATEGY FOR GOALS AND PRIORITIES DEVELOPMENT
1. Develop Plan to Address Goals
Staff will use the Council's goals (except for Goal #10) to develop a strategic plan that
provides detail about how each goal could be addressed, including individual
objectives, the resources needed, and time frames
May be helpful to categorize the goals into a one-year, three year, and five year plan
Bring the strategic plan back to the Mayor and Council at a future time for review
Council will use this information to determine what the City can and can't do and what
will need to be pushed out to the future
r2) Mayor and Council will address Goal #10 as Committee of the Whole
Goal #10 is a Council issue and requires a policy-making discussion. We will meet as a
committee of the whole, have open and honest dialogue, and figure out how to pursue the
3 or 4 separate issues as listed below:
(1) Bring agencies that are currently outside the Mayor's office into the City
Manager's office
(2) We have overlap between the Mayors office and the City Manager's Office
in terms of roles and need to clarify those roles
(3) Taking certain elected offices and making them appointed offices
(4) Make sure that Council has a clear role in policy making - enable the
Council to take back the primary role in policy making
Mal
15
ACTION STEPS TO MOVE FORWARD
Action Step When
1. Tyler sends Report; Manager distributes to the Council Monday
2. Convene a meeting to do the OGL/Code of Conduct Post Apr 15 but
before May 15
3 Council would like to have a list with specific examples from the City No later than
Manager about the impediments and the benefits regarding charter May 15
changes. List the specific outcomes of what would happen if the
I were changed. Help us understand why each issue is a problem
and what would be the benefit of changing it.
[4.*
Convene a meeting to talk about Goal #10 (see strategy on page 14) Post Apr 15 but
before May 30
5. City Manager/Communications Manager will refine the Vision By April 30
6. Present the Vision statement to Council for review and revision April/May
and/or adoption
7. City Manager will bring to the Council a plan that addresses when the By May 15
Strategic Plants) information will be presented to the Council
8. Council will consider the Strategic Plan(s) provided by the Manager TBD
according to the development and implementation schedule
9. Review progress on goals/plans over the course of the year TBD
10.Hold an annual Council retreat to review progress (1-2 days) - it may TBD
be good to hold the session before budget meetings
16
Attachment 3
3)0 MANAGEMENT PARTNERS
I N C O R P O R A T E D
To: Charles E. McNeely, City Manager
City of San Bernardino
From: Andy Belknap, Regional Vice President
Lynn Dantzker, Senior Manager
Subject: City Charter, Council/Manager Form of Government and Effective and
Efficient Service Delivery
Date: June 3, 2010
Following a retreat held in March 2010 by the Mayor and Common Council of San Bernardino,
you asked Management Partners to prepare a memorandum report in response to the following
question:
"What elements of the City Charter or Municipal Code contribute to preventing the effective
implementation of the councillmanager form of government and improving the efficiency and
effectiveness of the organization?"
Management Partners reviewed the City Charter as well as elements of the Municipal Code.
This memo provides an inventory (Attachment A) of those Charter or Municipal Code provisions
that we believe operationally impact the ability of the City's chief administrative officer (City
Manager) to carry out duties typical of such a position. Within the industry, it is generally
accepted that the chief executive of a modern local government needs to be vested with enough
authority to be able to bring about the following objectives.
• Implement community-wide goals and objectives established by the Mayor and Common
Council.
• Establish consistent standards of accountability for performance across the entire
organization.
• Improve the effectiveness of internal services within the organization and service
delivery to the community.
While the Charter provides for the position of City Manager, the City organization actually
operates under a type of strong mayor-city manager (not council/manager), which is a hybrid
not typically found in other cities, especially the size of San Bernardino. In San Bernardino some
municipal functions report to the Mayor and/or Common Council, others to advisory bodies
(Component Boards), while still others report to the City Manager. In some cities with a directly
elected mayor with specified authority as well as a city manager (such as the City of San Jose),
there are clear delineations regarding who has the force and authority of the chief administrative
officer of the city (as does the City Manager in San Jose). This clarity is lacking in San
Bernardino.
2107 North First Street Suite 470 www.managementpartners.com 408 437 5400
San Jose, CA 95131 Fax 453 6191
City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 2
A number of operational impacts result from the confused lines of authority as provided in the
current San Bernardino City Charter, including the following.
• Internal service functions are fragmented, and they struggle to modernize, streamline
and provide valued, cost effective service to the community and the organization.
• Because of the decentralized nature of authority, significant and unnecessary amounts
of staff time and severely constrained resources are spent trying to bring various
municipal functions into a unified, goal-oriented team with a common vision and strong
commitment to produce results.
• The City suffers from compromised problem solving and strategic planning due to
fragmented and potentially conflicting lines of authority.
As was commented upon in our March 2007 organizational report, the City's performance under
these circumstances is, in many ways, impressive.
The inventory of Charter and or Municipal Code provisions described in Attachment A are
categorized into three areas. Management Partners believes these have significant operational
impacts.
1. Organizational Structure
2. Efficiency and Effectiveness
3. Fiscal Management and Responsibility
As in most California cities, with a city manager, for the city manager of San Bernardino to be
able to manage and lead the operations of the City government, mandate and implement
efficient and effective services to the community, and be held accountable for such operations
by the Mayor and Common Council, s/he needs to have authority to:
• Hire, discipline and terminate all department heads (effectively) and employees
(following collective bargaining agreements, state and federal laws, and a merit-based
personnel system).
• Direct changes for efficiency and improvement in all City departments.
• Recommend to the Mayor and Common Council policy changes and improvements and
regarding all City operations and implement them with consistency and professionalism
across all municipal functions.
By having a position called City Manager (which has been the job title used since the 1930s to
define the chief administrative officer for professionally managed cities), the residents of San
Bernardino should expect professional management. The 2004 charter change was an
important and significant step in recognizing this objective and the City hired a city manager with
this goal in mind. However, the current City Charter does not, provide the authority typically
assigned a city manager position in council/manager cities or, as the Argument in Favor of
Measure "G" stated in 2004, fully achieve the goal of vesting a professional with "the
responsibility to manage our City."
Background
The City recognized the need to begin to create a professional city management structure and
in November 2004, the voters of San Bernardino approved a ballot measure (Measure G) which
repealed the City Charter in effect at the time and replaced it with a new City Charter.
City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 3
According to the Impartial Analysis by the City Attorney, the major difference between the old
Charter and the new, "revolve around the creation of the position of city manager, and to make it
easier to file initiatives and recall City-wide elected officials." The new Charter became effective
in March 2006. Among other provisions, those relative to overall management of the City in the
proposed new City Charter included:
• Designating the Mayor as the chief executive officer of the City of San Bernardino.
• Creating the 'position of city manager and the eligibility, requirements to be appointed to
that position.'
• Designating the City Manager as the chief administrative officer of the City to be
responsible for the administration of all City departments, except the offices of the
Mayor, City Attorney, City Clerk, City Treasurer, the Water Department, the Free Public
Library and the Civil Service System. (The San Bernardino Municipal Code also
provides for oversight of the economic development function by the Mayor and Common
Council and the new Charter did not amend that structure).
• Setting forth the authority and duties of the City Manager relative to supervision,
appointment and removal of certain full-time, temporary, and part-time City employees
• Designating the Mayor as the person who appoints and removes the City Manager,
Acting City Manager, Police Chief and Fire Chief, subject to Council approval.
• Maintaining the Mayor's present general supervision of the Police Chief and Fire Chief.
The argument in Favor of Measure "G" stated that:
"It is time for our City to adopt a professional, City Manager form of government like the majority
of cities in California. Although a City Administrator has long been assigned many of the duties
of a City Manager, no professional administrator/manager position is authorized by our City
Charter. Consequently, San Bernardino City Administrators have not had the responsibility to
manage our city.... This proposed Charter keeps most of the provisions of the current Charter,
including a strong Mayor. However, Measure "G"creates the position of City Manager who will,
under the general supervision of the Mayor, direct the day to day operations of the City..." "The
Mayor will continue to ... have general supervision over all departments and institutions of the
city......
No argument against Measure "G" was filed.
Ballot arguments are not required to be factually correct; they represent the views and
perspectives of the individuals who submit them. While the new Charter created the position of
City Manager, an important step toward a council/manager form of government, the new City
Charter contains provisions that impede the City Manager from exercising responsibility and
authority for effective and efficient service delivery. Specifically, the City Charter:
• Did not formally establish the council/manager form of government for the City of San
Bernardino. Unlike many City Charters, no form of government was specifically stated in
the new City Charter (See Attachment B).
• Designated the Mayor as the Chief Executive Officer of the City (strong Mayor), with
responsibility for general supervision of the Police Chief and Fire Chief. While the City
Manager was designated to have day-to-day supervision of these functions, this does
not achieve the objective of having full responsibility for managing the City.
• Maintained three separate departments under the administrative and operational
direction of three advisory bodies (Component Boards) appointed by the Mayor and
City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 4
Common Council, not the City Manager. The Charter change also was silent with
respect to the Economic Development Agency, which was and still is under the
supervision of the Mayor and Common Council (by provision of the Municipal Code).
• Retained the authority of the Mayor and Common Council to appoint and remove all full-
and part-time City employees. Some, but not all, may be removed upon the
recommendation of the City Manager.
Attachment A provides an analysis of City Charter and Municipal Code sections that elaborate
further on these issues as well as others we believe impede the City Manager from effectively
planning, managing and delivering community services.
In March 2007, Management Partners prepared an Organization Review of the City of San
Bernardino and in March 2010 provided a Status Update on the 2007 Organization Review.
The 2007 report concluded that the current state of operations within the government was not
the result of wastefulness but, 'rather the natural result of the historical development of a
government that has outmoded information systems, inadequate management support and a
multitude of convoluted low value processes." "Compounded by a serious (and now urgent)
fiscal situation, the primary recommendation of the report was that the government must
modernize... and the political and management superstructure needs to be streamlined."
The report went on to state that if the City is committed to becoming an efficient and aligned
organization, then it must make major changes to the overarching way it is organized. The
March 2010 Status Update reported little change in this area. The report stated that the
consequence of making little or no change in the governance structure will sidestep the most
important issue that needs to be addressed to allow the City of San Bernardino to become a
cost-effective, progressive and sustainable government delivering valued services to the
community. Each report cited many, many examples of the operational and service delivery
impacts resulting directly from the current organizational structure.
Council/Manager Form of Government
There are 480 incorporated cities in California. Among these, 117 have their own charters.
Most of the cities with a charter (like San Bernardino) were incorporated during the first half of
the 20'h century, or earlier. About 75% of California cities operate under the general laws of the
State of California rather than their own charter. The council/manager form of government is
the predominant form of government in California, although some cities operate under a strong
mayor system. All five of the charter cities surveyed as part of this analysis formally designate
their organizations as operating under the council/manager (council/administrator in one city)
form of government (see Attachment B).
The council/manager form of government was a product of the reform era of local government in
the 1930s that sought to remove patronage and instill professionalism in local government. As
stated by International City/County Management Association (ICMA), under the
council/manager system, a professional city manager is hired by the governing body to provide
the following:
• Administration of personnel: Provide direction and leadership to department heads
and those that provide direct services to the community.
• Management of public funds: Ensure the cost-effectiveness of programs, balance
budgets, and secure the financial health of the city.
• Implementation of programs and policies: Work with elected officials and community
leaders to achieve common goals and objectives for the community.
City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 5
• Coordination of service delivery. Anticipate future needs, organize work operations,
and establish timetables to meet community needs.
Under the council-manager form of government, the council is the governing body of the city,
elected by the public, and the city manager is hired by the council to carry out the policies it
establishes. The council generally provides legislative and policy direction while the city
manager is responsible for all administration and day-to-day operations based on council policy.
The mayor and council set city policy, community goals and objectives, make land use
decisions, and authorize the budget. The city manager is responsible for managing the affairs
of the city, preparing the budget, directing day-to-day operations, hiring and firing personnel,
and serving as the council's chief advisor. City managers serve at the pleasure of the council.
In most council/manager cities, the council appoints the city manager and city attorney.
Sometimes, the council also appoints the city clerk. In some cities, the city treasurer, city clerk
and city attorney are elected, although that is in a minority among general law cities in
California. Charter cities which have adopted the council-manager form of government vary in
regard to final appointing authority for unclassified employees. In general law cities, appointing
authority for all employees typically resides with the city manager.
Management Partners has not reviewed every city charter from 117 cities; however, among the
peer charter cities (see Attachment B), appointing authority for classified employees resides
with the city manager, while final authority for unclassified employees varies, in some cases
requiring the review, approval or confirmation of the city council.
Duties of the City Manager
Again, as stated by ICMA, the typical powers and duties of a city manager are to:
1. Assist the council in developing long term goals and strategies to implement these goals.
2. Appoint and suspend or remove all city employees and appointive administrative
officers.
3. Direct and supervise the administration of all departments, offices and agencies of the
city, except as otherwise provided by charter or by law.
4. See that all laws, provisions of the City Charter or Municipal Code, and acts of the city
council, subject to enforcement by the city manager or by officers subject to the
manager's direction and supervision, are faithfully executed.
5. Prepare, submit and implement the annual budget and capital program, as approved by
the city council to achieve the goals of the city.
6. Make other reports as the city council may require concerning operations, the financial
condition and future needs of the city.
7. Provide staff support services for the mayor and council members.
8. Encourage and provide staff support for regional and intergovernmental cooperation.
9. Promote partnerships among council, staff, and citizens in developing public policy and
building a sense of community.
Management Partners has excerpted city charter or municipal code sections from among the
peer charter cities regarding the duties and responsibilities assigned the city manager (see
Attachment C). While stated in varying terms, they set forth the duties in some way comparable
to the typical duties as cited above, assigning management of the affairs of all the departments
of the city to the city manager.
City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 6
Conclusion
In addition to the current fiscal environment facing California local government generally and
San Bernardino specifically, the organizational structure of the City of San Bernardino remains
one of the foremost obstacles to developing the organization into a unified, well functioning
operational team. Streamlined, innovative, cost-effective services that are responsive to the
interests of the community under the policy guidance of the Mayor and Common Council cannot
only be a goal. It must be achieved for the City to be able to serve the public through proper
stewardship of limited resources.
City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 7
Attachment A
City Charter/Municipal Code Issues that Impede Service Delivery and
the Efficiency and Effectiveness of the City Organization
The following issues are excerpted from the San Bernardino City Charter, unless reference to
the Municipal Code is made specifically. Each issue identified is one which impedes
implementation of the council/manager form of government and the efficient and effective
delivery of services to the community.
Note: Throughout the City of San Bernardino City Charter are numerous citations of City
Attorney Opinions (17 alone in one section) which presumably are intended to clarify or interpret
various provisions of the City Charter. Management Partners did not review these opinions as it
was beyond the scope of this engagement. In reviewing the peer city charters we did not find
such citations or references. In some charters, there were editor notations or references to
case law;however, it was not incumbent upon the reader to refer to a different set of documents
in order to review the charter. The number of City Attorney opinions "interpreting" the City of
San Bernardino Charter suggests the need for revisions in support of streamlining and clarifying
the "constitution"of the City, to reduce the need for the City Attorney's Office to produce such
opinions, and to minimize the need for a reader to spend considerable time researching what it
means.
Organizational Structure
1. Issue: The Mayor is designated as the chief executive officer (Section 50), giving general
policy direction, but not day-to-day directives (Charter Section 221). The city manager is
designated as the chief administrative officer of the City(Charter Section 100).
Operational Impact: Having the Mayor serve as the chief executive officer leads to
confusion regarding authorities and responsibilities and priorities among department heads
as well as who is actually in charge of operations. With the San Bernardino Charter
designating the City Manager as the chief administrative officer of the City for some
departments and not others, s/he is not actually functioning as the administrative or
executive head of the entire organization. These must be inextricably linked together to
assure seamless delivery of municipal services. These distinctions impact the ability of the
city manager to lead all the departments as an effective operational and unified team,
mandate participation by all municipal functions in problem solving and improving service
delivery, and exact performance and accountability.
Under a council/manager form of government, the city manager functions as the chief
executive officer. A chief executive officer is the person responsible for the operations of the
organization, including the appointment of other managers and employees. Under a
council/manager form of government, 'the elected officials are the community leaders and
policy makers who establish a vision for their community and who hire a manager to carry
out policy and ensure that all residents are being equitably served. The city manager
coordinates the work of department heads and other employees, who help ensure the
smooth and efficient delivery of services." (International City/County Management
Association).
City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 8
2. Issue: Common Council appoints and removes the Chief of Police and Chief of the Fire
Department, subject to nomination and recommendation of the Mayor (Charter Section 40
(s)). The City Manager is designated to supervise and possess the power and authority over
the funds, moneys and appropriations for the use of the Police and Fire Department
(Charter Section 184).
Operational Impact: The City Manager is held accountable and responsible for the efficient
and effective delivery of all City services. The current Charter does not provide the City
Manager the authority to determine who leads the police and fire departments, yet s/he is
responsible for their fiscal and service delivery performance. In most council/manager forms
of government, the city manager has authority to appoint qualified department heads,
ensure they are carrying out their duties appropriately, and discipline and/or remove them as
needed. While a number of the peer city charters require appointment and removal of
department heads to be reviewed and in some cases approved by the council, it is also
clear that the city manager ultimately makes the appointment and all department heads
report to the city manager.
3. Issue: The Police and Fire Departments are under the general supervision of the Mayor.
The City Manager is the immediate supervisor of the Chief of Police and the Chief of the Fire
Department (Charter Section 180).
Operational Impact: The difference between general supervision and immediate
supervision is difficult to define and has the potential for confusing reporting relationships
and responsibilities. Accountability with respect to performance, fiscal responsibility, goals
and priorities is fragmented. Effectively the city manager does not have full authority over
the organization and operation of two of the most costly municipal functions today. In an
effective municipal organization, there should only be one "chief executive officer,"
designated to lead the organizational team and held responsible for delivering the vision,
goals and objectives of the policy and legislative body(Mayor and Common Council).
4. Issue: Council has the power to appoint, confirm, and remove such appointed officers and
appointed full-time permanent employees...upon the recommendation of the City Manager,
except that the appointment and removal of ...the Chief of Police and Chief of the Fire
Department shall only be acted upon in response to the Mayor's nomination in instances of
appointment and the Mayor's recommendation in instances of removal(s). The Council may
not remove employees of a city manager-directed department except the Council may give
consent to such removal as provided in Section 102 (b). ...removal of such employees in the
unclassified service (in manager-directed departments) is subject to the consent of the
Mayor and Common Council (Charter Sections 40(s) and 102 (b)).
Operational Impact: Under the current City Charter, the City Manager is responsible and
held accountable for the City Manager-directed departments, but ultimately does not have
full control over the appointments of those who leads them. This appointment and removal
provision of the Charter may be contradictory to the charter provision which says that the
Mayor and City Council will not, "in any manner interfere with or prevent the City Manager,
from exercising judgment in the appointment of officers and employees in the administrative
services." Again, a council/manager form of government places accountability and authority
for appointment and removal of employees with the city manager, subject to local bargaining
agreements, civil service provisions, state and federal laws.
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City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 9
5. Issue: City Manager directs and exercises immediate supervision over all City departments
(manager-directed departments) except the Water Department, Free Public Library and the
Civil Service Administration (Charter Section 100). Further, economic development
activities of the City, as well as the redevelopment function are supervised by the Mayor and
Common Council (Municipal Code Chapter 2.40).
Operational Impact., Three departments are technically exempt from the direction of the
designated administrative officer of the City, as well as, to some degree, the Police and Fire
Departments (general supervision remains with the Mayor). Additionally, economic
development is under the supervision of the Mayor and City Council. Therefore, two primary
functions of any municipality—public safety and economic development— are not under the
leadership, management and direction of the chief administrator officer(city manager).
Effective service delivery, responsiveness and innovation within any municipality cannot be
achieved when departments are able to operate independently, almost as standalone
functions. It requires accountability for good management, fiscal responsibility, public
stewardship and consistency in the application of policies and procedures. These objectives
currently reside with appointed boards, a step removed from the people elected to ensure,
through their chief administrative officer, that the organization is professionally managed
using best practices. In order to ensure that these departments have the opportunity to work
together to achieve the overall City goals and objectives, the organizational structure needs
to be in place to support this system.
6. Issue: Three departments of the City (Water, Free Public Library and Civil Service
Administration) report to three Component Boards established under the authority of the
Mayor and Common Council. Each Board has the formal authority to hire, terminate,
promote, or demote, any person applying for or occupying a salaried position under City
government (unclear whether this refers to Component Boards or Mayor and Common
Council) (Charter Sections 163, 211, 246).
Operational Impact., While the individuals serving on these Boards are undoubtedly civic
minded and have the best of intentions for San Bernardino, from an organizational
standpoint, these provisions create a significant managerial risk for the City. Component
Boards may not view the community's needs as whole or those of the City-wide organization
and therefore decisions could be made without respect to the impact on the municipal
organization or the priorities of the community.
7. Issue: Neither the Mayor nor any member of the Common Council shall dictate or attempt
to dictate, either directly or indirectly, the appointment of any person to office or employment
by the City Manager or in any manner interfere with or prevent the City Manager from
exercising judgment in the appointment of officers and employees in the administrative
services.... Neither the Mayor, Common Council Member, employees of the Common
Council, nor employees of the Office of the Mayor, shall give orders to any of the
subordinates of the City Manager, either public or privately. (Charter Section 104).
Operational Impact: This Charter language is a good provision and similar to municipal
code or charter provisions in cities operating under a council/manager form of government.
However, this Charter language could be inconsistent with another Charter requirement that
appointment of all permanent City employees is made by the Mayor and Common Council
(Charter Section 40(s). Aside from the operational inefficiency of having all full-time
permanent employee appointments require approval by the City Council (see below),
City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 10
Section 40(s) suggests to the community and the workforce that in practice, the Mayor and
City Council have significant opportunity to interfere with the City Manager's administration
and leadership of the City Manager-directed departments. Again, this apparent conflict
creates perceptions of influence and impacts the professional management of the City.
Also, this Charter provision suggests the Mayor and Common Council can give orders to
subordinates of other departments (non-Manager directed). If so, this can and will result in
conflicting direction regarding operations, priorities and resource allocation, all of which
impact service delivery. Attachment D provides a listing of other, similar charter or municipal
code provisions in the peer cities that address this topic.
8. Issue: Mayor and Common Council, upon the recommendation of City Manager, have
power to fix and prescribe the organization, government and discipline of the Police and Fire
Departments (Charter Section 180).
Operational Impact: Organization, management and discipline of employees are matters
that should be under the direction of the City Manager or Chief Administrative Officer. The
current organizational structure could lead to conflicts between policymakers and
professional management regarding, among other things, priorities, goals and objectives
and how best to achieve them.
9. Issue: The Civil Service Board, subject to the approval of the Mayor and Common Council,
adopts, amends and enforces a code of rules and regulations providing for appointment and
employment in all positions in the classified services...which shall have the force and effect
of law. The Civil Service Examiner reports to the Civil Service Board, which is a Component
Board under the Mayor and Common Council (Charter Section 250).
Operational Impact: The administration of public sector labor and employee relations,
hiring and promotion, and compensation must be strongly linked together to address the
complex employment environment of today. In the City of San Bernardino, the personnel
function is completely separate from the administration of the civil service system; in fact a
separate department. (As Attachment B shows, among the five peer cities, San Bernardino
is the only one with a separate civil service department.) As a result, hiring, promotion and
discipline processes are lengthy and bureaucratic and negatively impact employee retention
and recruitment of a quality workforce.
The Civil Service Administration and department head (Chief Examiner) report to a separate
Component Board appointed by the Mayor and Common Council. In order to ensure that the
chief administrative officer of the City and other City department heads have the ability to
influence the ongoing operations of their functions, such as recruiting and retaining a quality
workforce responsible for delivering quality services to the community, the department
heads should report to the city manager.
10. Issue: Free Public Library Board of Trustees define the powers and prescribe the duties of
all officers, to determine the number of, and elect all necessary subordinate officers and
assistants, and at their pleasure remove such officer or assistant, subject to the civil service
provisions of the Charter (Charter Section 211).
Operational Impact: The City Library is funded primarily from the City's General Fund, yet
a Component Board is empowered beyond the typical role of an advisory body. While the
City Manager is officially responsible for the budget of the library, the operations, staffing
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City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 11
and service levels are not officially within the City Manager's purview, meaning that s/he
cannot be held accountable for any of the Library's fiscal or operational matters.
Efficiency and Effectiveness
1. Issue: The Common Council appoints, confirms and removes appointed officers and
appointed full-time permanent employees upon the recommendation of the City Manager
(Section 40 (s)). Subject to this charter provision, the City Manager exercises immediate
supervision over, suspends, and removes all City employees of all manager-directed
departments of the City in both the classified and unclassified services; except for the
classified services, such powers are pursuant to Civil Service provisions of the Charter. The
Council may not remove employees of a City Manager-directed department except the
Council may give consent to such removal as provided in Section 102 (b). ...removal of such
employees in the unclassified service (in manager-directed departments) is subject to the
consent of the Mayor and Common Council (Charter Sections 40(s)and 102 (b)).
Operational Impact. This process is extremely inefficient with respect to hiring of
employees. Having to go to the Mayor and Common Council to appoint all City employees,
is not typical of any other local government in California that Management Partners is aware
of (see Attachment B for other peer Charter Cities). In addition, this adds to the time and
inefficiency to a process which is already complicated by a separate Civil Service function.
2. Issue: Purchasing Agent has charge of purchasing supplies, materials, etc. required of any
office, department or agency of the City, except the Municipal Water Department and Free
Public library (Municipal Code Section 2.06.020).
Operational Impact: Having redundant purchasing systems results in a increased costs for
purchasing as well as increased personnel and operating costs. Additionally, having
separate purchasing operations can lead to inconsistent purchasing policies and practices.
The Finance Department and Purchasing Agent should oversee the finance and purchasing
services of all City departments. In addition, another example of redundant purchasing
services is the fact that there is a separate Redevelopment(Economic Development Agency
which reports directly to the Mayor and Common Council. In order to ensure that the
services provided to the San Bernardino community are as efficient and effective as
possible the internal services need to be streamlined.
3. Issue: Human Resources Director is in charge of the personnel program of the City, except
functions related to the Municipal Water Department and the Free Public Library (Municipal
Code Section 2.04.030).
Operational Impact. These departments and the Economic Development Agency have to
some degree created redundant personnel functions within their departments. As a result
there are different retirement and other benefits in place and the potential exists for even
more fragmentation. Virtually all cities have a centralized system of oversight by a human
resources professional with responsibility on a Citywide basis. It is important to note that
Human Resources currently provides human resources services for the Library and they are
currently in negotiations with the Economic Development Agency to provide these services
as well.
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City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 12
4. Issue: Divisions of the Finance Department are prescribed by the Municipal Code and the
division heads are designated in the unclassified Civil Service by Code (Municipal Code
Section 2.10.040).
Operational Impact: Designating the organizational structure of a department in a
Municipal Code is inefficient and costly, especially when all departments are listed in the
code. Requiring a change to a Municipal Code to change a department's structure does not
encourage innovation or recognize changing demands for service. Designating speck
division heads also does not allow for changing capacities and responsibilities within
functions, changing fiscal conditions or ongoing changes in professional governmental
accounting. Generally accepted practice is that municipal codes prescribe functions,
standards and requirements not specific organizational structures or speck departments.
5. Issue: Preference for appointments to positions in the classified service shall be given to
bona fide residents of the City of San Bernardino who have been residents for at least one
year ...and who are...qualified electors of said City (Charter Section 251).
Operational Impact: While a preference, it does not necessarily encourage the best and
most qualified applicants to apply. Additionally, it is contrary to the State of California
Constitution to require residency. Article XI, Section 10(b) of the Constitution states: "cities
may not require their employees to reside within the city's corporate limits."
6. Issue: The Civil Service Board appoints the Chief Examiner (department head) and such
subordinates as the City Council, by ordinance, may prescribe (Charter Section 248).
Operational Impact: The Civil Service department head accountability is currently to the
Civil Service Board and not the City Manager. A streamlined hiring and promotion process
is critical to the successful delivery of essential City services by a professional workforce.
The head of the personnel operation, including civil service, should be an appointment by
and under the full administrative direction of the City Manager. In order to ensure that there
is a continuation of the streamlined recruitment and retention processes, these functions
need to be integrated operationally.
City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 13
Fiscal Management and Responsibility
1. Issue: The City Manager shall coordinate with other departments that are not manager-
directed (Municipal Code Section 2.02.050).
Operational Impact: The City Manager is responsible for the fiscal health of the City and
the delivery of services to the community. This Municipal Code provision suggests that for
non-City Manager directed departments, this must be accomplished through coordination,
as opposed to direction. This presents the potential for organizational "stand-offs"which can
be time consuming and expensive to resolve. In order for the City Manager to be
responsible and accountable for these objectives, s/he must have full authority for
performance, operations and fiscal accountability.
2. Issue: Classification of positions in the Police and Fire Departments are created and fixed
in the City Charter. Monthly salaries of local safety members of the Police and Fire
Departments are set by arithmetic formula in the City Charter (Charter Section 186).
Operational Impact: The Mayor and Common Council are elected and ultimately held
accountable for the overall fiscal health of the City and community services. A major
element of that fiscal responsibility and its impact on the remainder of the organization has
been removed from their control and influence. As the needs of the City change, employee
classifications must also change. Having classifications in the Charter does not enable
efficient and effective delivery of service when changes are needed. Additionally, having an
arithmetic formula for salaries of police and fire employees removes the judgment and
authority of the City Council in determining wages, which should be made on the basis of
numerous factors, including the City's financial ability to pay, and the ability to recruit and
retain competent employees.
3. Issue: City Manager may request any officer, or head of any non-City Manager directed
department and agency(s) to provide information and assist in carrying out the policies and
orders of the Mayor and Common Council and the administrative duties of the City Manager
(Municipal Code Section 2.02.060 F).
Operational Impact: The City Manager has been assigned the responsibility to ensure that
all laws, ordinances, orders, resolutions, contracts and franchises are enforced and
executed; however, s/he has no real authority to do so among the non-City Manager
directed departments. The Mayor and Common Council have developed goals and
objectives for the organization and the community, yet the City Manager may not have good
or sufficient information upon which to allocate resources and operational support to
implementation of those goals.
4. Issue: City Manager shall supervise and possess power and authority over the funds,
moneys and appropriations for the use of the Police and Fire Department, also the
organization, government and discipline, subject to restrictions cited in Organizational
Structure Item 8 above (Charter Section 184).
Operational Impact: The City Manager is held accountable for the budget and fiscal
health of the entire City, and needs to have actual authority to prescribe or make changes to
the organization of the Police and Fire Departments.
City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 14
5. Issue: Fire and Police Commission Boards may investigate and examine or inquire into the
affairs or operation of any division or section of the respective departments and make
recommendations to the Chief or Council (Municipal Code Sections 2.32.030 B and
2.34.020 B).
Operational Impact The City Manager is ultimately responsible for the budget and
financial condition of these departments, not appointed advisory boards. These boards
should recommend areas that the City Manager reviews to ensure a community-wide and
full organization perspective on any such recommendations.
6. Issue: Director of Finance shall have charge of the administration of the financial affairs of
the City, but not the Municipal Water Department (Municipal Code Section 2.10.030).
Operational Impact: While the City staff strives to work together and be efficient where
possible, this provision creates redundancy. The chief financial officer of the City has no
formal control over a major municipal enterprise, accountable for all intents and purposes to
a Component Board of appointed officials (Board of Water Commissioners), rather than to
the elected officials of the municipality. This is a very unusual arrangement with respect to
municipal utility functions in California local government.
7. Issue: Contracts in excess of $25,000 must be awarded by the Mayor and Common
Council (Municipal Code Section 3.04.085).
Operational Impact: This provision results in delays in contract awards for routine matters,
leading to cost increases and unnecessary review. A modem municipal purchasing system
(clearly set forth in the Municipal Code and administrative policies and procedures) should
be capable of including safeguards, policies and procedures which ensure fiscal
responsibility and appropriate contracting. Contracting procedures should also be in the
Municipal Code so they can be updated and respond to changing policy interests and fiscal
conditions.
8. Issue: The Board of Water Commissioners is authorized to incur indebtedness or liability not
exceeding in any year the income and revenue provided for such year, subject to the debt
limitation provisions of the Constitution of the State of California (Charter Section 163 (4)).
Operational Impact: Due to the fiduciary responsibility of the Mayor and Common Council,
the final authority over incurring indebtedness or liability, on advice and recommendation of
the City Manager or the Chief Financial Officer, should rest with the Mayor and Common
Council, not with appointed board members. Such a major responsibility resting with an
appointed board is very unusual in California cities.
City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 15
9. Issue: The Board of Water Commissioners is authorized to employ such persons as the
necessities of the water service may require, to fix and pay out of the Water Fund the
compensation of any and all employees... (Charter Section 163 (2)).
Operational Impact. The Board of Water Commissioners determines staffing levels, pay
and compensation for employees, obligating the rate payers to support the levels
determined by a non-elected body. This is a management risk for the City. While the Board
reports to the Mayor and Common Council, pay and compensation of all municipal water
employees should be consistent with the compensation policies of the rest of the City
employees.
10. Issue: The Free Public Library Board of Trustees fixes the salaries of the librarian and
assistants, and other employees, rents and equips such building or buildings, room or rooms
as may be necessary for such Library... (Charter Section 211).
Operational Impact., The Board of Trustees determines staffing levels, pay and
compensation for employees, obligating the General Fund to support the levels determined
by a non-elected body. This is a management risk for the City. While the Board reports to
the Mayor and Common Council, pay and compensation of all municipal Library employees
should be consistent with the compensation policies of the rest of the City employees.
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Attachment C — Duties and Responsibilities of the City Manager in
Peer Cities
San Bernardino
CHARTER: Article 5, Section 102
The City Manager shall have the following authority and duties:
(a) To direct and exercise immediate supervision over the administration of all Manager-directed
departments of the City;
(b) To appoint, subject to section 40(s) of this charter; exercise immediate supervision over,
suspend, and remove, all City employees of all Manager-directed departments of the City in
both the classified and unclassified service; except that for the classified service, such powers
shall be pursuant to the Civil Service provisions of this Charter, Civil Service rules, regulations
and ordinances, and except that the removal of such employees in the unclassified service is
subject to the consent of the Mayor and Common Council; and to appoint any temporary, part-
time employees of all Manager-directed departments of the City;
(c) To ensure, in cooperation with the Attorney General, District Attorney, City Attorney, Police
Chief and Fire Chief, that all laws, ordinances, orders, resolutions, contracts and franchises are
enforced and executed;
(d) To attend all meetings of the Mayor and Common Council or council committee meetings,
and to have the right to participate in the discussion without vote;
(e) To prepare and submit the annual budget and to keep the Mayor and/or the Mayor and
Common Council fully advised as to the financial condition and needs of the City, including the
filing of annual and interim financial reports;
(f) To submit such reports as the Mayor and/or the Mayor and Common Council may require
concerning the operations of Manager-directed departments, and to recommend to the Mayor
and Common Council the adoption of measures deemed advisable;
(g)To perform such other duties as are specified in the Charter, by law or required by the Mayor
and/or the Mayor and Common Council;
(h)To confer regularly with the Mayor, to implement the policies of the Mayor and Common
Council as directed by the Mayor and to keep the Mayor informed of any issues, events and
controversies that may arise; to be responsible for the implementation of the Mayor's policy
directives and to insure that those C— 18 directives are acted upon by all supervisors and
employees in the Manager directed departments of the City;
(i) To confer regularly with the City Attorney on legal issues; to immediately notify the City
Attorney of any important legal issues or difficulties that arise; to obtain the legal advice of the
City Attorney, and to carefully consider such advice, understanding that recommendations of the
City Attorney are advisory only. Neither the City Attorney, nor employees of the Office of the
City Attorney, has authority to issue orders to the City Manager or any of his/her subordinates; it
is the responsibility of the City Manager to insure that all Manager-directed departments and the
employees of those departments perform all of their duties legally and that those departments
City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 19
and their employees are faithful in the observance, adherence, and enforcement of all pertinent
laws, ordinances, and legal requirements in the performance of their duties and in their official
conduct;
0) To confer regularly with the City Treasurer on financial issues, to obtain the financial advice
of the City Treasurer and to carefully consider that advice, and to keep the Treasurer informed
of all financial matters and to immediately notify the City Treasurer of any important financial
issues or difficulties that arise.
MUNICIPAL CODE: Chapter 2.02, Section 060
Under the general supervision of the Mayor, the City Manager shall be responsible for the
performance of such duties as may be placed in his or her charge as specified in the City
Charter, by law, by the Mayor, and/or by the Mayor and Common Council. In connection
therewith, the City Manager shall report to the Mayor and Common Council from time to time
the status and enforcement of the Mayor and Common Council's policies, rules and regulations
and accordingly, shall coordinate and monitor the activities of financing, purchasing and
personnel. In addition to the authority and duties outlined in Article V, Section 102 of the City
Charter, the City Manager shall:
A. Direct and exercise immediate supervision over the administration of all Manager-directed
departments of the City. As defined in Article XIII, Section 221 of the City Charter, Manager-
directed departments of the City shall be all City departments except the Offices of the Mayor,
City Attorney, City Clerk, and City Treasurer and except for the Water Department, Free Public
Library and the Civil Service Administration.
B. Appoint, subject to Section 40(s) of the City Charter, exercise immediate supervision over,
suspend, and remove, all City employees of all Manager-directed departments of the City in
both the classified and unclassified service; except that for the classified service, such powers
shall be pursuant to the Civil Service provisions of the City Charter, Civil Service rules,
regulations and ordinances, and except that the removal of such employees in the unclassified
service is subject to the consent of the Mayor and Common Council; and to appoint any
temporary, part-time employees of all Manager-directed departments of the City;
C. Ensure, in cooperation with the Attorney General, District Attorney, City Attorney, Police
Chief and Fire Chief, that all laws, ordinances, orders, resolutions, contracts and franchises are
enforced and executed;
D. Attend all meetings of the Mayor and Common Council or council committee meetings, and
have the right to participate in the discussion without vote;
E. Coordinate with all other departments that are not Manager-directed.
F. Review the departmental and agency(s) budget requests and the various items in the
proposed budget, including revenues, expenditures and reserves; he or she shall submit his or
her recommendation on the proposed annual budget and annual capital improvement program
to the Mayor and Common Council;
G. Keep the Mayor and/or the Mayor and Common Council fully advised as to the financial
condition and needs of the City, including the filing of annual and interim financial reports, and
make such recommendations as may seem desirable by the City Manager;
City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 20
H. Make such other reviews, evaluations, studies and surveys and perform such other
administrative duties as he or she may recommend to the Mayor and Common Council and/or
as are ordered by the Mayor and Common Council;
I. Submit such reports as the Mayor and/or the Mayor and Common Council may require
concerning the operations of Manager-directed departments, and recommend to the Mayor and
Common Council the adoption of measures deemed advisable;
J. Recommend to the Mayor and Common Council the adoption of new and revised orders and
resolutions when in his or her judgment such action will promote improved City services and
operations and are in the public interest;
K. Confer regularly with the Mayor, implement the policies of the Mayor and Common Council
as directed by the Mayor, and keep the Mayor informed of any issues, events and controversies
that may arise; be responsible for the implementation of the Mayor's policy directives and insure
that those directives are acted upon by all supervisors and employees in the Manager directed
departments of the City;
L. Confer regularly with the City Attorney on legal issues; immediately notify the City Attorney of
any important legal issues or difficulties that arise; obtain the legal advice of the City Attorney,
and carefully consider such advice, understanding that recommendations of the City Attorney
are advisory only. Neither the City Attorney, nor employees of the Office of the City Attorney,
has the authority to issue orders to the City Manager or any of his/her subordinates; it is the
responsibility of the City Manager to insure that all Manager-directed departments and the
employees of those departments perform all of their duties legally and that those departments
and their employees are faithful in the observance, adherence, and enforcement of all
pertinent laws, ordinances, and legal requirements in the performance of their duties and in their
official conduct;
M. Confer regularly with the City Treasurer on financial issues, obtain the financial advice of the
City Treasurer and carefully consider that advice, and keep the Treasurer informed of all
financial matters and immediately notify the City Treasurer of any important financial issues or
difficulties that arise;
N. Sign all contracts, deeds, and other documents on behalf of the City when authorized to do
so by the Mayor and Common Council; and
O. Make such administrative rules and regulations as the City Manager deems necessary for
the orderly administration of the various departments of the City
City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 21
Huntington Beach [City Administrator]
CHARTER: Section 401
Except as otherwise provided in this Charter, the City Administrator shall be responsible to the
City Council for the proper administration of all affairs of the City. Without limiting this general
grant of powers and responsibilities, the City Administrator shall have the power and be required
to:
(a)Appoint, promote, demote, suspend or remove department heads, officers and employees of
the City except elective officers. However, no department head shall be appointed or removed
until the City Administrator shall first have reviewed such appointment or removal with the City
Council and have received approval for such appointment or removal by a majority vote of the
full City Council.
(b) Prepare the budget annually, submit it to the City Council, and be responsible for its
administration upon adoption.
(c) Prepare and submit to the City Council as of the end of each fiscal year, a complete report
on the finances of the City, and annually or more frequently, a current report of the principal
administrative activities of the City.
(d) Keep the City Council advised of the financial condition and future needs of the City and
make such recommendations as may seem desirable.
(e) Maintain a centralized purchasing system for all City offices, departments and agencies.
(f) Prepare, administer and enforce rules and regulations recommended to and adopted by the
City Council governing the contracting for, purchase, inspection, storage, inventory, distribution
and disposal of all supplies, materials and equipment required by any office, department or
agency of the City government.
(g) Be responsible for the compliance by the City with the laws of the State pertaining to the
City, the provisions of this Charter and the ordinances, franchises and rights of the City.
(h) Subject to policy established by the City Council, exercise control of all administrative offices
and departments of the City and of all appointive officers and employees except those directly
appointed by the City Council and prescribe such general rules and regulations as he may
deem necessary or proper for the general conduct of the administrative offices and departments
of the City under his jurisdiction.
(i) Perform such other duties consistent with this Charter as may be required by the City
Council.
MUNICIPAL CODE: Chapter 2.08, Section 2.08.010
In addition to the powers and duties of the City Administrator enumerated in the Huntington
Beach City Charter, Article VI, the following shall also apply:
(a) Route Administration. To execute on behalf of the Council, its administrative supervision
and control of such affairs of the City, as may be placed in his/her charge; (3718-8/05)
City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 22
(b) Meeting. To attend meetings of the Council, with the duty of reporting on or discussing any
matter concerning the affairs of the departments, services or activities under his/her
supervision upon which in his/her judgment the Council should be informed unless excused
therefrom by the City Council, except when his/her removal is under consideration by the
City Council; (3718-8/05)
(c) Mail. To receive and open all mail addressed to the Council and give immediate attention
thereto to the end that all administrative business referred to in said communications and not
necessarily requiring councilmanic action, may be disposed of between Council meetings.
Provided that all actions taken pursuant to such communications shall be reported to the
Council at its next regular meeting thereafter;
(d) Coordination of Departments. To assist the Council in coordinating the administrative
functions and operations of the various departments, divisions and services of the city
government; and, on its behalf to carry out the policies, rules and regulations and ordinances
adopted by it, relating to the administration of the affairs of such departments, divisions or
services;
(e) Analysis and Recommendations. To analyze the functions, duties and activities of the
various departments, divisions and services of the city government and of all employees
thereof; and to make such recommendations to the Council with reference thereto as in
his/her judgment will result in the highest degree of efficiency in the overall operation of the
city government; (3718-8/05)
(f) Director of Civilian Defense. To act as local director of civilian defense;
(g) Budget Estimates. To cause to be prepared and submitted to him by each department,
division or service of the city government, itemized annual estimates of expenditures
required by any of them for capital outlay, salaries, wages and miscellaneous operating costs;
to tabulate the same into a preliminary consolidated municipal budget and submit the same to
Huntington Beach Municipal Code Chapter 2.08 Page 2 of 3 the Council before the fifteenth day
of June of each year with recommendations as to such changes which he/she deems advisable;
(3718-8/05)
(h) Administration of Budget. To be responsible for the administration of the budget after its
final adoption, and to keep the Council informed with respect thereto;
(i) Supervision over Expenditures. As agent for the Council, to supervise the expenditures of
all departments, divisions or services of the city government;
Q) Equipment Inventory and Purchase. To make, and keep up to date, an inventory of all
property, real and personal, owned by the City, and to recommend to the Council the
purchase of new machinery, equipment and supplies whenever in his/her judgment the same
can be obtained at the best advantage, taking into consideration trade-in value of machinery,
equipment, etc., in use; (3718-8/05)
(k) Public Improvements. To develop and organize necessary public improvement projects and
programs; and to aid and assist the Council and various departments in carrying the same
through to successful conclusion;
(1) Cooperation with Community Organizations. To cooperate within lawful limits, with all
City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 23
community organizations whose aim and purpose it is to advance the spiritual and material
interests of the City and its people; and to provide the, within lawful limits, with assistance
through the city government;
(m) Additional Duties. To perform such other duties pertaining to this position as the Council
may from time to time reasonably require;
(n) Agency for Council--Limitations.The City Administrator shall act as the agent for the City
Council in the discharge of its administrative functions but shall not exercise any policymaking
or legislative functions whatsoever, nor attempt to commit or bind the Council or any
member thereof to any action, plan or program requiring official councilmanic action; (3718-
8/05)
(o) Duties Vested Elsewhere. It is not intended by this section to grant any authority to, or
impose any duty upon the City Administrator which is vested in or imposed by general law
or valid city ordinances in any other city commission, board, department, officer or employee.
(524-2/48, 1935-11/74, 3718-8/05)
City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 24
Glendale
CHARTER: Article IV, Section 4
Appointment and removal of department heads, subordinate officers, etc., generally.
The city manager shall appoint and remove, subject to the civil service provisions of this
Charter, all department heads of the city, except as otherwise provided by this Charter, such
appointments and removals to be subject to the approval of the council. Department heads shall
appoint and remove, subject to the civil service provisions of this Charter, all of their subordinate
officers, assistants, deputies, clerks, and employees, except as otherwise provided by this
Charter, such appointments and removals to be subject to the approval of the city manager.
(1953.)
CHARTER: Article IX, Section 1
City manager selection, compensation and qualifications.
The council shall appoint a city manager who:
(a) Shall serve at the pleasure of the council;
(b) Shall be the chief administrative officer of the city;
(c) Shall be chosen on the basis of administrative qualifications;
(d) Shall be compensated as directed by the council commensurate with the responsibilities of
the office;
(e) Shall not have served on the council within a period of two (2) years immediately preceding
the date of appointment;
(f) Shall establish, within ninety (90) days of the effective date of appointment, and maintain a
residence within the city;
(g) Shall engage in no other business or occupation, except as may be permitted by the council;
(h) Appoint and remove at his pleasure, a secretary.
The appointment of the city manager requires the affirmative vote of three (3) members of the
council. An action to remove, suspend, or request the resignation of the city manager, requires
the affirmative votes of three (3) members of the council, provided, however, that during a
period of one hundred thirty-five (135) days after a councilmember election the council shall
take no action to remove, suspend or request the resignation of the city manager, except by a
unanimous vote of the entire council. (1921; 1947; 1953; 1982.)
CHARTER: Article X, Section 6
City manager as executive head of certain departments, etc.
Except as otherwise provided in this Charter, or by authority thereof, the city manager shall be
executive head of the department of management services and of the various departments of
the city.
CHARTER: Article XXIII, Section 1
Authority of city manager to assign clerks, etc., to work in any department, etc.
Notwithstanding anything in this Charter contained, the city manager may from time to time, in
order to facilitate the prompt, economical and efficient dispatch of city business, assign
assistants, deputies, clerks or employees from any office or department of the city government
to perform work or service in connection with any other office or department of the city
City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 25
government, or may assign any assistant, deputy, clerk, or employee of the city to work in more
than one (1) of said offices or departments.
MUNICIPAL CODE: Section 2.08.020
General administration division- City manager generally.'
The city manager, for the purposes of this chapter, shall be the head of the general
administration division. (Prior code § 2-20)
City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 26
Modesto
CHARTER: Section 801
The City Manager shall be the chief administrative officer and head of the administrative branch
of the City government. The City Manager shall be responsible to the Council for the proper
administration of all affairs of the City and to that end, subject to the personnel provisions of this
Charter, the City Manager shall have power and shall be required to:
(a) Appoint and, when necessary for the good of the service, discipline and remove all officers
and employees of the City except as otherwise provided by this Charter, and except as the City
Manager may authorize the head of any department or office to appoint or remove subordinates
in such department or office. The City Manager may also authorize the head of any department,
including deputy directors, police captains and fire battalion chiefs, or other city employees as
designated by ordinance, to recommend and impose discipline in accordance with this Charter.
(b) Prepare the draft budget annually and submit it to the Mayor and Council, prepare the
proposed budget annually and submit it to the Mayor and Council and be responsible for its
administration after its adoption by the Council, prepare all other necessary budget documents,
and prepare and submit to the Mayor and Council the Capital and Operating Mid-Year Budget
Report.
(c) Prepare and submit to the Council within ninety (90) days of the end of the fiscal year, a
complete report on the finances and administrative activities of the City for the preceding year.
(d) Review procedures relating to the assessment, levy and collection of ad valorem property
taxes and make recommendations regarding the same to the Council if deemed appropriate.
(e) Establish a centralized purchasing system for all City offices, departments and agencies.
(f) Establish and enforce specifications for supplies, materials and equipment required by the
City.
(g) Cause all supplies purchased by the City to be inspected and a determination made that
the same comply with specifications.
(h) Prepare rules and regulations governing the contracting for, purchasing, storing, inventory,
distribution or disposal of all supplies, materials and equipment required by any office,
department or agency of the City government and recommend them to the Council for its
adoption by ordinance. Preference shall be given to the purchase of supplies, materials and
equipment from local merchants, quality and price being equal.
(i) Enforce the laws of the State pertaining to the City, the provisions of this Charter and the
ordinances, franchises and rights of the City.
0) Keep the Council advised of the financial conditions and future needs of the City and make
such recommendations on any matter as the City Manager may deem desirable.
;)p
City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 27
(k) Make and execute contracts on behalf of the City involving budgeted or appropriated
expenditures which do not exceed the amount specified by ordinance of the City Council.
(1) Appoint advisory boards, without compensation, to assist the City Manager in the
performance of the City Manager's duty, if the City Manager deems it necessary.
(m) Interchange employees between or among departments if the City Manager deems it
proper so to do.
(n) Immediately upon taking office, and annually thereafter, inventory and place a value on all
real estate, buildings, furniture and fixtures, supplies and movable property of every kind and
nature belonging to the City; and to require each officer or department head to inventory the
same or any portion thereof. One (1) copy of such inventory shall be filed with the Council and
one (1) with the auditor.
(o) Be responsible for the custody and control of all City property, the custody and control of
which has not otherwise been provided for by this Charter.
(p) Perform such other duties as may be prescribed by this Charter or required of the City
Manager by the Council not inconsistent with this Charter.
(q) Sign all contracts, deeds and other documents on behalf of the City when authorized to do
so by the Council or by this Charter.
(r) The City Manager shall have the authority to transfer equipment and supplies between
departments, and with the approval of the Council, sell obsolete, and unused or surplus
personal property of the City.
(s) The City Manager shall be accorded a seat at the Council table and shall be entitled to
participate in the deliberations of the Council, but shall not have a vote.
(t) The Council shall have the right to instruct the City Manager in matters of policy and the City
Manager shall be responsible for implementing such Council policy. Any action, determination
or omission of the City Manager shall be subject to review by the Council, but no such action,
determination or omission shall be overruled or modified by a vote of less than four-sevenths of
the members of such Council.
(u) The City Manager, pursuant to Section 725 of the Charter, shall direct creation of draft
written statements of Policy for each City department which is under the administration of the
City Manager.
(v) The City Manager annually shall conduct an independent, written performance evaluation of
each head of a city department which is under the administration of the City Manager. Such
performance evaluation shall include, without limitation, an evaluation of the department head's
performance in implementing the Council's Statement of Policy for that department. The City
Manager shall provide such performance evaluations to the Council for their review pursuant to
Section 725 of the Charter. After such Council review, the Mayor may comment on the
performance evaluation pursuant to Section 601(m) of the Charter.
3)P
City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 28
MUNICIPAL CODE: Title 2, Chapter 3, Article 1, Sections 2-3-101 — 2-3-103
Creation and Functions
The office of the City Manager is established by the Charter of the City of Modesto. The City
Manager shall have the duties, responsibilities, authority and jurisdiction provided by the
Charter, and the ordinances and resolutions adopted by the Council in accordance therewith.
Organization and Direction
The City Manager is empowered to make such rules and regulations as the City Manager
deems necessary for the conduct of the various administrative departments of the City which
are under the City Manager's jurisdiction. The City Manager is authorized to delegate the
authority to make such rules and regulations to the heads of the various administrative
departments.
Acting City Manager
There shall be two (2) Deputy City Managers. In the case of absence or disability of the City
Manager, either Deputy City Manager, or such other officer of the City as shall be appointed
City Manager pro tempore by the Council, shall perform the duties and exercise the powers of
the City Manager.
3)P
City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 29
Irvine
CHARTER: Section 501
The appointment, removal, powers and duties of the City Manager shall be as established by
ordinance of the City Council.
MUNICIPAL CODE: Division 3, Chapter 2, Sections 1-3-201 — 1-3-215
General: The City Manager shall be the administrative head of the government of the City under
the direction and control of the City Council except as otherwise provided in this division. He or
she shall be responsible for the efficient administration of all the affairs of the City which are
under his or her control. In addition to his or her general powers as administrative head, and not
as a limitation thereon, it shall be his or her duty and he or she shall have the powers set forth in
this chapter.
Law Enforcement: It shall be the duty of the City Manager to enforce all laws and ordinances of
the City and to see that all franchises, contracts, permits and privileges granted by the City
Council are faithfully observed.
Authority over Employees: It shall be the duty of the City Manager, and he or she shall have the
authority to control, order and give directions to the City Attorney, the City Clerk, the City
Treasurer, all heads of departments and to subordinate officers and employees of the City
under his or her jurisdiction through their department heads.
Power of Appointment and Removal: It shall be the duty of the City Manager to, and he or she
shall appoint, remove, promote and demote any and all officers or employees of the City other
than those officers required by law to be appointed by the City Council subject to all applicable
personnel ordinances, rules and regulations and provided that all such appointments, removals,
promotions and demotions of City officers and department heads shall be subject to prior
approval of the City Council.
Administrative Reorganization of Offices: It shall be the duty and responsibility of the City
Manager to conduct studies and effect such administrative reorganization of offices, positions or
units under his or her direction as may be indicated in the interest of efficient, effective and
economical conduct of the City's business.
Ordinances: It shall be the duty of the City Manager and he or she shall recommend to the City
Council for adoption such measures and ordinances as he or she deems necessary.
Attendance at Council Meetings: It shall be the duty of the City Manager to attend all meetings
of the City Council unless at his or her request he or she is excused therefrom by the chair
individually or the City Council, except when his or her removal is under consideration.
Financial Reports: It shall be the duty of the City Manager to keep the City Council at all times
fully advised as to the financial condition and needs of the City.
Budget: It shall be the duty of the City Manager to prepare and submit the proposed annual
budget and the proposed annual salary plan to the City Council for its approval.
City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 30
Expenditure Control and Purchasing: It shall be the duty of the City Manager to see that no
expenditures shall be submitted or recommended to the City Council except on approval of the
City Manager or his or her authorized representative. The City Manager, or his or her authorized
representative, shall be responsible for the purchase of all supplies for all the departments or
divisions of the City.
Investigations and Complaints: It shall be the duty of the City Manager to make investigations
into the affairs of the City and any department or division thereof, and any contract or the proper
performance of any obligations of the City. Further, it shall be the duty of the City Manager to
investigate all complaints in relation to matters concerning the administration of the City
government and in regard to the service maintained by public utilities in the City.
Public Buildings: It shall be the duty of the City Manager and he or she shall exercise general
supervision over all public buildings, public parks, and all other public property which are under
the control and jurisdiction of the City Council.
Additional Duties: It shall be the duty of the City Manager to perform such other duties and
exercise such other powers as may be delegated to him or her from time to time by ordinance or
resolution or other official action of the City Council.
City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 31
Chula Vista
CHARTER: Section 401
Generally. The City Manager shall be the head of the administrative branch of the City
government, and be responsible to the City Council for the proper administration of all affairs of
the City. Without limiting the foregoing general grant of powers, responsibilities and duties, the
City Manager shall have power and be required to:
(a) Appointment and Removal of Employees and officers.
Subject to the provisions of Section 500 of Article V of the Charter, the City Manager shall
appoint all department heads and officers of the City except elective officers and those
department heads and officers whose power of appointment is vested in the City Council, and
pass upon and approve all proposed appointments and removals by department heads and
other appointive officers.
(b) Prepare the budget annually, submit such budget to the City Council, and be responsible
for its administration after adoption;
(c) Prepare and submit to the City Council as of the end of the fiscal year a complete report
on the finances and administrative activities of the City for the preceding year;
(d) Keep the City Council advised of the financial condition and future needs of the City and
make such recommendations as may seem desirable;
(e) Establish a centralized purchasing system for all City offices, departments and agencies;
Section 401 (continued)
(f) Prepare rules and regulations governing the contracting for, purchasing, storing,
distribution or disposal of all supplies, materials and equipment required by any office,
department or agency of the City government and recommend them to the City Council for
adoption by it by ordinance;
(g) Enforce the laws of the State pertaining to the City, the provisions of this Charter and the
ordinances of the City; and
(h) Perform such other duties consistent with this Charter as may be required by the City
Council.
MUNICIPAL CODE
Not specified.
City Charter, Council/Manager Form of Government
and Effective and Efficient Service Delivery Page 32
Attachment D — Interference Provisions/Prohibitions in Peer Cities
Huntington Beach [City Administrator]
CHARTER Section 307. Non-Interference with Administration
Except as otherwise provided in this Charter, no member of the City Council shall order, directly
or indirectly, the appointment by the City Administrator, or by any of the department heads in
administrative service of the City, of any person to any office or employment, or removal
therefrom. Except for the purpose of investigation and inquiry, the members of the City Council
shall deal with the administrative service under the jurisdiction of the City Administrator solely
through the City Administrator, and no member of the City Council shall give orders to any
subordinate of the City Administrator, either publicly or privately.
Glendale
Not specified.
Modesto
MUNICIPAL CODE: Section 2-1.22. Council not to Interfere in Administrative Service
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 him from
exercising his own 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.
Irvine
Not specified.
Chula Vista
CHARTER Section 305. Prohibited Acts
No member of the Council shall directly or indirectly, by suggestion or otherwise, attempt to
unduly influence the City Manager or other officer appointed or confirmed by the Council in their
performance of duties. The Mayor and the Councilmen are hereby individually and collectively
prohibited from performing any administrative or executive functions except as same may be
authorized by this Charter or by ordinance of the City of Chula Vista. Except for the purpose of
inquiry, the Council and its members shall deal with that part of the administrative service for
which the City Manager is responsible solely through the City Manager. A violation of the
provisions of this section by any member of the Council shall constitute misconduct for which
the offending member may be removed from office by the Council.
Page 1 of 1
Clark_Ra
From: Clark Re
Sent: Tuesday, July 20, 2010 9:57 AM
To: Romo_Ta
Cc: Kurita_De; Sutherland_Li; Hartzel_Li
Subject: RE: Operational Guidelines 5-24-10 Inc Approved from Summary 6-8-10 and 6-17-10
Hi Tanya,
I have carefully reviewed the attached operational guidelines and compared them to the motions
approved at the June 8 and June 17 Council meetings. The only discrepancies I found are listed as
follows:
6/8/10 Workshop: Approved Motion: General Overview the second sentence shall read: The City will
operate in an open, honest and transparent manner.
The version you emailed to me did not change the word "intends"to"will"so it still reads The City intends
to operate in an open, .....
Approved Motion: 13. Policy Role of Members. The last sentence shall read: "This language does not
prohibit the Mayor, Council Members, City Attorney, City Clerk, or City Treasurer from bringing
information forward and discussing it with the City Manager and/or staff'
The version you emai led states: "This language does not prohibit The Mayor and Common Council from
bringing information forward and discussing it with the City Manager and Staff
Everything else is consistent with action taken at the Council meetings.
Let me know if you have any questions.
City Clerk
City of San Bernardino
Phone: (909) 384-5002
E-mail: clark_ra @sbeity.org
Apply for your passport at the 5an Bernardino City Clerk's Office!
` j Please consider the environment before printing this e-mail
From: Romo_Ta
Sent: Monday, July 12, 2010 5:54 PM
To: Clark Ra
Cc: Kurita_De
Subject: Operational Guidelines 5-24-10 Inc Approved from Summary 6-8-10 and 6-17-10
Rachel,
I've attached the operational guidelines with the approved motions from the June 17, 2010
meeting. Please let me know if you have any edits.
Thank you,
Tanya Romo
�a
7/20/2010 /, D
Page 1 of 1
Clark_Ra
From: Romo_Ta
Sent: Monday, July 12, 2010 5:54 PM
To: Clark Ra
Cc: Kurita_De
Subject: Operational Guidelines 5-24-10 Inc Approved from Summary 6-8-10 and 6-17-10
Attachments: Operational Guidelines 5-24-10 Inc Approved from Summary 6-8-10TR.doc
Rachel,
I've attached the operational guidelines with the approved motions from the June 17, 2010
meeting. Please let me know if you have any edits.
Thank you,
Tanya Romo
I
I
i
7/20/2010
I
"Building a Better Community"
Name of Program: Operational Guidelines
Program: Code of Conduct G delines
_CODE OF CONDUCT/GUIDELINES pwe.a:PROPOSED TOPIC J
"-------- ---- AREAS FORA
1. General Overview DwtM.cmadme.__- ;
The residents and businesses of the City of San Bernardino are entitled to have fair,ethical and _
a-QQQwtable local government which has earned the public's full confidence for integrity The Ci ____ osr.tw:.
intends o o rate in an-gpeu honest and tmnsnarent manner.To this end,the Mayor and Common - rb:merue:Issnyla
of the City of San Bernardino have adopted a Code of Conduct for its members to assure
public confidence in the integrity of local government,its effective gpemtigna and fair treatment rEannotted2 ht
o�eople�
L Rules of Decorum
The professional and personal conduct of the Mayor and Common Council must be above ht
reproach and avoid the appearance o f impropriety. The Mayor and members of the Common �� ;Highlight
Council shall refrain from abusive conduct, personal or verbal attacks upon the character or Fommil
motives of each other,the staff or the public.
3. Respect for the Process
The Mayor and members of the Common Council shall perform their duties in accordance with
the procedural roles for meetings established by them in governing the deliberation of public -. ow pm— dnd-
policy issues,involvement of the public and the implementation of policy decisions of the Mayor owas:orordr
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 band They
shall refrain from interrupting other speaker, 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. Shari::n 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 fiom accepting any gifts, favors or promises of future benefits which might
compromise their independence of judgment or action, or give the appearance of being
compromised.
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9. Confidential Information
The Mayor and Common Council shall respect the confidentiality of information concerting 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. -- _._. - - - ----_ _. ------ ---w'r tDmktW*12. Independence of Boards and C ommissions sd Cmmnon Comcil sI.0
The Mayor and Common Council shall refrain from using their position to unduly influence the bd f fm h b
deliberations or outcomes of commission proceedings. pry�m���oCiry a 13. Policy Role of Members :indent:tart: o•
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,hould respect and adhere to the established procedures pf city, paw w:sins
government whereby the Council determines the policies of the City with the advice,information DoWted:d
and analysis provided by the public,commissions and City staff. nawwd: .fl-numger
The Mayor and Common Council houl not interfere with the administrative functions of the paWd:,b of t
City or the professional duties of City staff; nor shoA they impair the ability o_f_ staff to oa�M:deu
implement Council policy decisions per City harter Section 104.
The Mayor and Common Council will not diver management from the approved priorities with m°ewa'
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 lanyuaae does not prohibit_The J4-4 tbmnuad:Mgnsoht
Mavo Eenrraen Council from briming information forward and discussing it with the City
Mann erandStaff. L me:mbcet-f,CI ( i4MK Je CeekK, C-I— 1xrRS
14. Public Relations �
When the Mayor and Common Council have not taken a position on an issue,neither the Mayor �/
nor any Councilmember hs ould speak on behalf of the Mayor and Common Council. When------- oewtw:w;n
presenting their individual opinions and positions, Councilmembers should state that--- -- Deleted:,h ll
they do not represent their body, the City of San Bernardino, nor h:s Auld they encourage the_ ---.-(Wleted:„ai
inference that they do. pawted:eaow
After a decision is made, the Mayor serves as the spokesperson for the City's view on policy
matters;the Common Council should speak with"one voice." , __-_ palatMe riff
15. Positive Work Place Environment DawtM:once the Cn�on C..aW
The
Mayor and Common Council shall support the maintenance of a positive and constructive °i Wk.. 48,..b.WW Ia1h8
y rPl� 1p dacbiona d end e and unda imng dw
work place environment for City employees and for residents and businesses dealing with the cn.¢a.seaddm tea®d aecnm
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 Manager and Staff
• The City Manager is responsible for managing the day-today 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 his ould nat criticize staff inpubhe.--- - - - DOW*&w
• The Mayor and Common Council will refer citizen complaints to staff and give them adequate Fail:ON06 HgMFht
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-enforeing; 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
+ -----C_ --_-during a process o conducting a Council meetings. `��n s�anma ea
The�yor and C�n
]8 fhesc code of conduct/ ,uidclines shall also a Iv to the Community Dcvelooment Commissio-. -
w--- member whose.duct does not comply
and its Chairman. with the C¢y's cluead standmde,aa,d
i anon es reprimand,fo`mel c uoe,
Fomutted:Highlight
Fomwtied:Indent:Leh: 0"
Deleted:or
Noted:pose ofc osnee
sewgnmena,. A tiolenon oN is Code of
Conduct shsa not be considered a owls
for coil®giag the validity ofa oowcd
decision.The Meyor and Council
members entenng office shill sign a
eb srt affirming thin they have read
and urdemtood the Code ofCOndvcl and
pmt000l t
Formatted:Hghlght
Fomuttad:Indent:Hanging: O.4
Fomutbd:Indent:leR: o'
Name ofProeram: Operational Guidelines
Page 3 of 8
"Building a Better Community"
Program: Agenda Guidelines
PROPOSED AGENDA GUIDELINES '
FOR BRINGING MATTERS BEFORE COMMON COUNCIL
1. Placing Matters On The Agenda
err addition to matters pending_before any committee,.commission or other_advisoiy-body_of the_ - rO1"'p9d:nghxshr
Common Council, matters pertinent to and within the jurisdiction of the City shall be placed on
the agenda by the Croy
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.
Z. 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;hoxuci be delivered to esah the Mayor and each Council NAember so as oditW:d"
to be available no later than the Thursday preceding the Council- ;eeting. fir`m —I
DOW W:N
JExc_e_pt in the case of items qualifying���, 6 oiler the agenda N%as f ronmusc Xghosht
Brown Act,no item shall be considered by the Mayor and Common Council if not o.wa:W"'PWYh®ffi`a°
included in the agenda;however, a correction or supplement to an item already contained in the
packet may be included.
4. Posting of Agenda
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"Building a Better Community"
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.
S Failure to Meet Deadlines 4
a. ,The City Clerk shall not,without the consent of the City Manager,accept any new agenda , fomwtted:ngni SM
item after the deadlines established in the administrative policies except items from the MaN or and
Council Members_Cih Tmasurer.and Cite(lltomev.
b. Only those matters li sted on the agenda-shall be acted upon by the Mayor and-Commonne a y,n
Council. However,if a matter arises after posting of the agenda,the provision of the Brown Act _
shall apl h DW&t*d:is deemed to be ag®t by me
Maya. ,City Cle l;or it City
Manager,City Clerk,it City Attorney,,
ROLE OF MAYOR AND COMMON COUNCH.REGARDING COUNCIL MEETINGS be addedtto aaem and ct�tyonby
1. While the Common Council is in session, the Mayor, Councilmembers and City staff shall ate Maya and COtmnon Council it an
explanation of the urson:y is Blared in
maintain strict order and decorum. Neither the Mayor nor any Councilmember shall delay or open Coaxal Meeting and a nmiaity,or
per majority,depondi%ap.the
interrupt the proceedings of the Common Council or interrupt any member while speaking. applicable prmsioea of the Honsti Act
ofthe Covanon Council co®e t,to lieu
it
2. Councilmembers should indicate to the Mayor that they want to speak. The Mayor will
acknowledge them before they begin to speak and the Mayor should acknowledge speakers in the V
order in which they seek recognition Q a--
3. Any councilmember shall have the right to express dissent from or protest to, or comment upon,
any action of the Common Council. L/�
4. Once a vote is taken on an issue,Councilmembers support the n). When_ . Dahed:wal
possible, the Common Council should attempt to reach consensus on an issue. When this is not caused
claw msJeuryme Ca®ou
possible,the majority vote shall prevail;however,the Common Council shall respect the opinion
of the pinori t�.. .. - .._- ----_---. _ _.._ - Dd"-malesty
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.
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"Building a Better Community"
trident Uft P
Id
ROLE OF CITY STAFF REGARDING COUNCIL MEETINGS ishi
1. City staf� ilj provide written analysis and information on all agenda items ° 1I!inp fm» tLsir
Additionally,a copy of the materials, including Dented'v^°�'° aeee.
technical reports,will be available to the public ,r,ecuyal,mcc;.;th Gs 1srov.11
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 ''-.� Dekead:m isauee
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. /c Public shall not cg,ipc in conduct that disrupts the -r- Debtae:stomping of fmt,whudm,
yeas or shouting a d/a similes
dammetra=are meccepmble 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"
Name offtwam: Operational Guidelines
AoPram: Council Committees
PROPOSED STANDING AND AD HOC COUNCIL COMMITTEES GUIDELINES
STANDING COMMITTEES
L Policy}L (a I
It is the policy of the Mayor and Common Council to use standing committees in open and public Y
meetings to study City Business in greater depth than is possible in the time allotted for Council WOWS what
meetings.
2. Purpose
These Hiles 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. OUDn=
A majority of the committee membership shall constitute a quonun.
Deleted:s._ReannOW I
Only Wa Cmmmon Conrad m i wholq
tae Mayor a de city Manager ahia
make refmrels m dte standing
comaraees. Rafeidswillgeneteaybe
6. Function of Committees
directed to only one of dw standing
committees. Iteme maYb^withdrawn
The purpose and intent of committee meetings is to provide for more thorough and detailed from tin coamdaee and taken up for
caudemaon by the Common Council M
discussion and study of prospective or current Council agenda items with a full and complete guy Co..Cwned meaning with the
airing of all sentiments and expressions of opinion on city problems by both the Common Council conana t fa�r a ry applicable
and the public, to the end that Common Council action will be expedited. Actions of the nobmigora tultp°nngre9'n'°n'e°'' t
committee shall be advisory recommendations only. Within 120 days of the referral,the item will Deleted:Comann an is.w .b-"tq
matters to the Mayor and Common
be placed back on the Common Council agenda for an update or final action. Co in1 wWch are mfi n al m a standing
committee may appear befae the
standing commiace to wWcb the ref ionl
7. Minutes his been made in ordarto speak in
pmponenm of We matter. Standing
The Common Council staff shall be responsible for the preparation and distribution to the Mayor mnmlttea maetings dining wWon.um
,.fonds may bit wnsidaM sad[be
and Common Council of the minutes of standing committee meetings. The minutes for these notioad as Coming neatims,for me
propose ofenabling the standing
meetings shall be action minutes which reflect the motions made during these meetings. The ammo«to it..and cmenda ate
matter with a quorum oftla Commw
Cmmcd Presa l
Page 7 of 8
"Building a Better Community"
minutes shall be delivered to the Mayor and Councihnembers before the Council meeting at which
the Committee's recommendations are to be discussed.
S. Report of Committee (o I 11
The minutes of each committee meeting shall serve as the report to the Mayor and Common
Council. Any member may write a separate report. Council ;tall «ill compile and Present a
quarterly report to the full Council of a list of items pending_by title, sponsor,and the date it was
placed and the department responsible.
9. Ausnda
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 Stand nE Committee Meethm � 0
The chairperson of each committee may conduct meetings with as much informality as is �2
consistent with Mayor and Common Council procedural rules_, r r, ii,�_;,which shall also be in
effect during committee meetings. The views of interested private citizens kill be heard in pdeuea ney
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 C
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
CITY OF SAN BERNARDINO RECEIVED-CITY CL—,,(
CITY MANAGER'S OFFICE 1010 JUN -8 PM 12: 39
INTEROFFICE MEMORANDUM
TO: Mayor and Common Council
FROM: Charles McNeely, City Manager
SUBJECT: Operating Guidelines—Code of Conduct Changes from 5-25-10 Workshop
DATE: June 8, 2010
At the follow-up retreat workshop that took place on May 25, 2010, the Council made changes to
the Code of Conduct portion of the Operational Guidelines. Those changes are highlighted in
yellow in the attached document. At tonight's meeting, the Mayor and Council will be asked to
approve the Code of Conduct. Please review the changes and make sure your comments have
been included in the new document. Additionally, Dr. Mathis will be working with the Mayor
and Common Council to complete the remainder of the Operating Guidelines (Agenda and
Council Committees Guidelines).
a Pl contact me if you have any questions or require additional information.
Ch es McNeely
City Manager
`Building a Better Community"
Name of Program: Operational Guidelines
Promam:Code of Conduct/Guidelines
PROPOSED TOPIC AREAS FOR A CODE OF CONDUCT/Guidelines
1. General Overview
Bernardino l entitled to have fair, ethical and
g City public's ar full confidence for integrity,—The Farmatted:Highlight
�Ity The residents and businesses of die Ci of San
accountable local government which has earned the s f
„ , . , — , ner_To this end, the Mayor and
Common Council of the City of San Bemardino have adopted a Code of Conduct for its members
to assure public confidence in the integrity of local government; a*d its effective Pad-fair somuaed:Hghlght
operations ... ;ople. Fomvlleed:Highlight
2. Rules of Decorum Fom:atted:Hgnlight
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 1procedurai rules For meetings ofeFder-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. Rearesentation of Private inierests
The Mayerand GerAfnea Gauneil shall not appeaFen behalf ofpFivate interests eFth6fd ponies befiam the Formatted:Indent:Lea: 0"
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 shaWshould respect and adhere to the established oroceduresal
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 she l}should—, therefera not interfere with the administrative
functions of the City or the professional duties of City staff; nor shouldell 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 mrohibit The
Mayor 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 wiWshould 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 wiWshould 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 wiFFshould speak with "one voice." Ones the Genamea Geuneil
has WEea a vote,membws will let the deeision stand and Avoid undwmining the Queeil's stated
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
"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 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 pha}I-should not criticize staff in _ rommteW:Highlight
• 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.
Ma BF and Gaffiffien . . _ ..__.._._.__.............._. Formatted:H0119ht
...... . _......... _______..... _... .........._.
....__1. With the n:t.•_ ethi.01 A&RE18Fd.. 2..:.1 ..eeh as Fe..f:..and L.... al eenswe of less of
sammittee l...11e...iHg the validity assignments..of a e veil deeis:,... The AA...,..r and Conned members entefing effie
shall sign a statement affiming that they have Fead and unFiffstood the GRdy, Bf PARAR-et And
Y'atoeal.
Page 3 of 9
`Building a Better Community"
Nance of Program: Operational Guidelines
Program: Agenda Guidelines
PROPOSED AGENDA GUIDELINES
FOR BRINGING MATTERS BEFORE COMMON COUNCIL
1. Placipg 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 ea&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. Posting of Agenda
The City Clerk shall post the agenda of each City Council Regular or Adjourned Regular Meeting
at least 72 hours in advance of said meeting in a location that is freely accessible to members of
the public. The City Clerk shall maintain an affidavit indicating the location, date and time of
posting each agenda.
5. Failure to Meet Deadlines
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. Genemlly;-eQnly those matters listed on the agenda shall be acted upon by the Mayor and
Common Council. However, if a matter arises after posting of the agenda, the provisions of the
Brown Act shall apply. '
City,Clerk, oF Gity A#ame5� it may, in aeaefdanee with the 11fewn Aet, be added to the agenda
and aefed upon by the MayeF and Common Gounail if an explaamien of the ufgeney is stated iB
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 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 majeFityr inon
h.
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5. The Mayor and Common Council shall publicly share substantive information, which they may
have received from sources outside the public decision-making process, which is relevant to a
matter under consideration by the Common Council.
6. The Mayor and Common Council will strive for a win-win situation by respecting diverse
opinions. They will allow for everyone's opinion to be heard and respected, even if they do not
win the vote or prevail on the issue.
7. The Mayor and Common Council will allow room for dialogue. When discussing an agenda item,
the members will allow the opportunity to dialogue with each other to build consensus on an item.
• Formatted:LNIenC Left: 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.
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. Sterapiag ef feet, whistles, yells ef sheuting, and,of Simi!
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.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(I 1 copies recommended)to
the Mayor and Common Council,all such materials shall he 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.
Formatted:Left
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 of the Common Council as a whole, hall make
referrals to the standing committees. Referrals will generally be directed to only one of the
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"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.
pfeseaF
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. Aeenda
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 Standine Committee Meetings
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The chairperson of each committee may conduct meetings with as much informality as is
consistent with Mayor and Common Council procedural rules for 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
bearings 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.
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