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HomeMy WebLinkAbout21- Council Office CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Fred Shorett Subject: Council Committee Mayor Pro-Tempore Assignments 4th Ward Council Member R I G E N'A L Dept: Council Office MCC Date: April 4, 2011 Date: March 31, 2011 File: Synopsis of Previous Council Action: Recommended Motion: That the recommended Council Committee assignments be approved. Signature Fred Shorett Mayor Pro-Tempore/4th Ward Council Member Fred Shorett Contact Person: Mayor Pro-Tempore/4th Ward Council Member Phone: 384-5178 Supporting data attached: Staff Report,Attachment A Ward(s): All FUNDING REQUIREMENTS: Amount: -0- Source: N/A Acct. Description: N/A Source: N/A Council Notes: Agenda Item No. 21 M/CC Date: 04/04/2011 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report Subject: City Council Committee Assignments Background: On November 3, 2008, the Mayor and Common Council adopted an ordinance which established the process of selecting the Mayor Pro-Tempore. That process provides that annually, at the second regularly scheduled meeting of the Common Council in March of each year, the Common Council shall elect a Council Member to serve as Mayor Pro-Tempore. Further, the ordinance amended Section 2.76.050 of the San Bernardino Municipal Code to read: "It shall be the responsibility and duty of the Mayor Pro-Tempore to assign Council Members to all standing committees and ad hoc committees of the Common Council. It shall also be the responsibility and duty of the Mayor Pro-Tempore to designate chairpersons of all standing committees and ad hoc committees of the Common Council. All such assignments to and membership on, and designation of chairpersons of, standing committees and ad hoc committees of the Common Council shall be subject to the approval and appointment of the Common Council." On August 3, 2010, the Mayor and Common Council adopted Operational Guidelines (See Attachment A) which state: "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 an as needed basis." On March 21, 2011, the Mayor and Common Council elected Council Member Fred Shorett as the Mayor Pro-Tempore. In accordance with the provisions of the Municipal Code and the Operational Guidelines, the following provides the Mayor Pro-Tempore Shorett's recommendations on the composition of the Council Committees effective April 5, 2011: l � n' age I CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report COUNCIL COMMITTEE ASSIGNMENTS Effective April 5, 2011 Redevelopment Committee (RDA) Tobin Brinker, Chair Rikke Van Johnson Virginia Marquez Ways and Means Committee Fred Shorett, Chair Rikke Van Johnson Chas A. Kelley Legislative Review Committee Virginia Marquez, Chair Wendy J. McCammack Fred Shorett Personnel Committee Rikke Van Johnson, Chair Tobin Brinker Virginia Marquez Grants Ad Hoc Committee Tobin Brinker, Chair Wendy J. McCammack Chas A. Kelley These assignments will be reviewed and are subject to change after the new Second Ward Council Member is sworn in on August 1, 2011. Alternate Committee Members There will be no alternates on committees. Ad Hoc Committees After review of the Ad Hoc committees, the Mayor Pro-Tempore has determined to assign members to only one, the Grants Ad Hoc Committee. As these committees are generally issue driven, any additional Ad Hoc Committee shall be formed on an as needed basis, subject to the approval of the Common Council. Requests for additional committees from the Mayor or Council members shall be forwarded to the Mayor Pro-Tempore. The Mayor Pro-Tempore will forward requests for additional committees to the City Manager to be placed on the agenda for discussion on the next regularly scheduled meeting of the Mayor and Common Council. Recommendation: That the recommended Council Committee assignments be approved. 21 �' age ATTACHMENT "All 1 RESOLUTION NO. 2010-252 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL ADOPTING OPERATIONAL GUIDELINES WHICH INCLUDE A CODE OF CONDUCT FOR THE 3 MAYOR AND COMMON COUNCIL, AGENDA GUIDELINES AND COUNCIL COMMITTEE GUIDELINES 4 WHEREAS,as part of the Building a Better Community retreat,the Mayor and Common 5 Council were presented with Operational Guidelines("Operational Guidelines");and 6 WHEREAS,the Operational Guidelines have been developed to provide better and more 7 efficient communication between elected officials, staff, and the public;and 8 WHEREAS, the Code of Conduct for the Mayor and Common Council is intended to 9 provide efficient procedures for elected officials to follow to assure public confidence in the integrity 10 of local government, its effective operations,and fair treatment of people, and 11 WHEREAS, the Agenda Guidelines and Council Committee Guidelines are intended to 12 provide procedures for staff and elected officials to follow to assure clear direction for agenda 13 preparation, posting requirements and deadlines;and 14 WHEREAS,the Mayor and Common Council have been given the opportunity to review 15 and make desired modifications to the Operational Guidelines;and 16 WHEREAS,the Operational Guidelines have been developed pursuant to the applicable 17 provisions of the San Bernardino City Charter and reviewed by the City Attorney. 18 19 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 20 SECTION 1. The Operational Guidelines, inclusive of the Code of Conduct for the 21 Mayor and Common Council,the Agenda Guidelines, and the Council Committee Guidelines,all 22 as attached hereto as Exhibit A and by this reference made a part hereof,are hereby adopted. 23 SECTION 2. The Operational Guidelines supersede all inconsistent guidelines of earlier 24 date. 25 SECTION 3. The Operational Guidelines shall become effective upon adoption of this 26 resolution. 27 2 8 2010-252 RESOLUTION OF THE MAYOR AND COMMON COUNCIL ADOPTING OPERATIONAL GUIDELINES WHICH INCLUDE A CODE OF CONDUCT FOR 1 THE MAYOR AND COMMON COUNCIL, AGENDA GUIDELINES AND COUNCIL 2 COMMITTEE GUIDELINES. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 4 and Common Council of the City of San Bernardino at a 3 oint reguiatmeeting thereof, held 5 on the 2nd day of August ,2010 by the following vote, to wit: 6 Council Members: AYES NAYS ABSTAIN ABSENT 7 MARQUEZ x 8 DESJARDINS x 9 10 BRINKER x 11 SHORETT x 12 KELLEY x 13 JOHNSON x 14 MCCAMMACK x 15 16 /J• �.C- -� 17 Rachel G. Clark,City Clerk i8 The foregoing resolution is hereby approved this k day of 19 August 2010. 20 _ - 21 c . Mo rris,Mayor City of San Bernardino 22 EAttomey to form: 23 -?-Pe—� 24 ENMAN, 25 26 27 28 July 28,2010 2010-252 Exhibit A "Building a Better Community" CODE OF CONDUCT/GUIDELINES 1. General Overview The residents and businesses of the City of San Bernardino are entitled to have fair, ethical and accountable local government which has earned the public's full confidence for integrity. The City will operate in an open, honest and transparent manner. To this end, the Mayor and Common Council of the City of San Bernardino have adopted a Code of Conduct for its members to assure public confidence in the integrity of local government, its effective operations, and fair treatment of people 2. Rules of Decorum The professional and personal conduct of the Mayor and Common Council must be above reproach and avoid the appearance of impropriety. The Mayor and members of the Common Council shall refrain from abusive conduct, personal or verbal attacks upon the character or motives of each other,the staff or the public. 3. Respect for the Process The Mayor and members of the Common Council shall perform their duties in accordance with the procedural rules for meetings, established by them, in governing the deliberation of public policy issues, involvement of the public and the implementation of policy decisions of the Mayor and Common Council by City staff. 4. Conduct of Public Meetings The Mayor and Common Council shall prepare themselves for public issues; listen courteously and attentively to all public discussions before the body; and focus on the business at hand. They shall refrain from interrupting other speakers; making personal comments not germane to the business of the body; or otherwise interfering with the orderly conduct of meetings. 5. Decisions based on Merit The Mayor and Common Council shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. 6. Sharing of Information on Issues under Consideration The Mayor and Common Council shall publicly share substantive information that is relevant to the matter under their consideration, which they may have received from sources outside of the public decision-making process. 7. Conflict of Interest In order to assure their independence and impartiality on behalf of the common good, the Mayor and Common Council shall not use their official positions to influence government decisions in which they have a material financial interest; or where they have an organizational responsibility or personal relationship which may give the appearance of a conflict of interest. 8. Gifts and Favors The Mayor and Common Council shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office that is not available to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or action, or give the appearance of being compromised. Page 1 of 8 2010-252 "Building a Better Community" .Name of Program: Operational Guidelines Program: Code of Conduct 9. Confidential Information The Mayor and Common Council shall respect the confidentiality of information concerning the property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal,financial or other private interest. 10. Use of Public Resources The Mayor and Common Council shall not use public resources that are not available to the public in general, such as City staff time, equipment, supplies or facilities for private gain or personal purposes. 11. Independence of Boards and Commissions The Mayor and Common Council shall refrain from using their position to unduly influence the deliberations or outcomes of commission proceedings. 12. Policy Role of Members The Mayor and Common Council are responsible for setting clear direction and policies and for holding the City Manager accountable for achieving those policies. The Mayor and Common Council should respect and adhere to the established procedures of city government whereby the Council determines the policies of the City with the advice, information and analysis provided by the public,commissions and City staff. The Mayor and Common Council should not interfere with the administrative functions of the City or the professional duties of City staff; nor should they impair the ability of staff to implement Council policy decisions per City Charter Section 104. The Mayor and Common Council will not divert management from the approved priorities with issues of personal interest or requests for information that may require significant staff resources without the active approval of the majority of the Mayor and Common Council. The Council will come to consensus regarding major issues that need further exploration and analysis so as to judiciously assign tasks to the City Manager and his staff. This language does not prohibit the Mayor, Council Members, City Attorney, City Clerk, or City Treasurer from bringing information forward and discussing it with the City Manager and/or Staff. 13. Public Relations When the Mayor and Common Council have not taken a position on an issue, neither the Mayor nor any Councilmember should speak on behalf of the Mayor and Common Council. When presenting their individual opinions and positions, Councilmembers should explicitly state that they do not represent their body, the City of San Bernardino, nor should they encourage the inference that they do. After a decision is made, the Mayor serves as the spokesperson for the City's view on policy matters;the Common Council should speak with"one voice." 14. Positive Work Place Environment The Mayor and Common Council shall support the maintenance of a positive and constructive work place environment for City employees and for residents and businesses dealing with the City. The Mayor and Common Council shall recognize their special role in dealings with City employees and in no way create the perception of inappropriate direction to staff. Page 2 of 8 2010-252 "Building a Better Community" Name of Program: Operational Guidelines Program: Code of Conduct 15. Communication with City Manager and Staff • The City Manager is responsible for managing the day-to-day operations of City government. • Unless it is a simple inquiry, the Mayor or members of the Common Council will contact the City Manager before going to Department Directors. • When contacting Department Directors through e-mail, the Mayor and Council members will copy the City Manager as a courtesy. • The City Manager will ensure that the Mayor and Common Council are proactively informed on major policy issues or issues that may attract media or public attention; likewise,the Mayor and Common Council members will give the City Manager notice if he or she learns of issues of concern. • The Mayor, Common Council, City Manager and staff will not blindside each other in public. • Council members are encouraged to submit questions on agenda items to the City Manager as far in advance of the meeting as possible so that staff can be prepared to respond at the meeting. • The Mayor and Common Council should not criticize staff in public. • The Mayor and Common Council will refer citizen complaints to staff and give them adequate time to respond. Staff will report back to the Council through the City Manager on the resolutions of these complaints. • The Mayor and Councilmembers will be provided with information from staff and other members on an equal basis so that they are equally prepared to make good decisions. 16. Compliance and Enforcement The Code of Conduct expresses standards of ethical conduct expected of the Mayor and Common Council. The protocols are intended to be self-enforcing; members themselves have the primary responsibility to assure that the standards are understood and met. The Mayor has the additional responsibility to intervene when the actions of Council members appear to be in violation of the Code during the process of conducting the Council meetings. 17. Community Development Commission This code of conduct shall also apply to the Community Development Commission and its Chairman. Page 3 of 8 2010-252 "Building a Better Community" Name of Program: Operational Guidelines Program: Agenda Guidelines AGENDA GUIDELINES FOR BRINGING MATTERS BEFORE COMMON COUNCIL 1. Placing Matters On The Agenda In addition to matters pending before any committee, commission or other advisory body of the Common Council,matters pertinent to and within the jurisdiction of the City shall be placed on the agenda by the Mayor, Council Members, City Clerk, City Attorney, City Treasurer, and City Manager. All written petitions, communications, and other matters to be submitted to the City Council for inclusion in the agenda packet for consideration at a regular or adjourned regular meeting should be delivered to the City Manager's Office no later than the time established by current administrative policy. The City Clerk shall compile the agenda, listing all matters to be considered by the Council according to the order of business, numbering each item consecutively. 2. Submission of Agenda Item Staff Reports Mayor and Common Council staff reports and back-up material should be prepared and submitted to the City Manager's Office two weeks prior to each regular Common Council meeting at which the item shall be heard. If an item has been continued to a future meeting and requires new or additional back-up material, it shall be due within one week of the following meeting. 3. Preparation and Distribution of the Agenda Packet The City Clerk shall prepare the Agenda packet. Not later than 5:00 p.m. on the Thursday prior to each regular Common Council meeting. A copy of the agenda, with accompanying staff reports and other background materials, should be delivered to the Mayor and each Council Member so as to be available no later than the Thursday preceding the Council meeting. Except in the case of items qualifying on which the need to take action arose after the agenda was posted per the Brown Act, no item shall be considered by the Mayor and Common Council if not included on the agenda. However, a correction or supplement to an item already contained in the packet may be included. 4. Posting of Agenda The City Clerk shall post the agenda of each City Council Regular or Adjourned Regular Meeting at least 72 hours in advance of said meeting in a location that is freely accessible to members of the public. The City Clerk shall maintain an affidavit indicating the location, date and time of posting each agenda. 5. Failure to Meet Deadlines The City Clerk shall not, without the consent of the City Manager, accept any new agenda item after the deadlines established in the administrative policies except items from the Mayor and Council Members, City Treasurer, and City Attorney. Page 4of8 2010-252 "Building a Better Community" Name of Program: Operational Guidelines Program: Agenda Guidelines Only those matters listed on the agenda shall be acted upon by the Mayor and Common Council. However, if a matter arises after posting of the agenda, the provisions of the Brown Act shall apply. ROLE OF MAYOR AND COMMON COUNCIL REGARDING COUNCIL MEETINGS 1. While the Common Council is in session, the Mayor, Councilmembers and City staff shall maintain strict order and decorum. Neither the Mayor nor any Councilmember shall delay or interrupt the proceedings of the Common Council or interrupt any member while speaking. 2. Councilmembers should indicate to the Mayor that they want to speak. The Mayor will acknowledge them before they begin to speak and the Mayor should acknowledge speakers in the order in which they seek recognition. 3. Any Councilmember shall have the right to express dissent from, or protest to, or comment upon, any action of the Common Council. 4. Once a vote is taken on an issue, Councilmembers are encouraged to support the decision. When possible, the Common Council should attempt to reach consensus on an issue. When this is not possible, the majority vote shall prevail. However, the Common Council shall respect the opinion of the minority. 5. The Mayor and Common Council shall publicly share substantive information, which they may have received from sources outside the public decision-making process, which is relevant to a matter under consideration by the Common Council, 6. The Mayor and Common Council will strive for a win-win situation by respecting diverse opinions. They will allow for everyone's opinion to be heard and respected, even if they do not win the vote or prevail on the issue. 7. The Mayor and Common Council will allow room for dialogue. When discussing an agenda item the Councilmembers will allow the opportunity to dialogue with each other to build consensus on an item ROLE OF CITY STAFF REGARDING COUNCIL MEETINGS 1. City staff will provide written analysis and information on all agenda items emanating from their respective departments as soon as it is available. Additionally, a copy of the materials, including technical reports, will be available to the public in compliance with the Brown Act. 2. Staff will be available to answer questions of the City Council prior to and during City Council meetings. 3. Staff will respond to questions from the public during City Council meetings when requested to do so by the Mayor, City Council,or City Manager. Page 5 of 8 2010-252 "Building a Better Community" 4. During Council meetings, staff shall turn off or switch any electronic equipment such as pagers and cellular telephones to a silence mode. 5. Staff will remain objective in the presentation of their recommendations on issues before the Mayor and Common Council. Staff should not be an advocate for issues unless so directed by the Mayor and Common Council;rather,they should promote or assist the efforts of Mayor and Common Council. 6. City staff will implement all Mayor and Common Council policies as directed by the City Manager. ROLE OF THE PUBLIC DURING COUNCIL MEETINGS 1. Members of the public attending Council meetings shall observe the same rules and decorum applicable to the Mayor, Common Council, and staff. 2. All speakers must approach the podium when recognized by the Mayor. Members of the public shall only speak from the podium. The Public shall not engage in conduct that disrupts the meeting, 3. Members of the public shall turn off or switch any electronic equipment such as pagers and cellular telephones to a silent mode while attending a City Council meeting. 4. If a member of the public desires to provide written correspondence (11 copies recommended) to the Mayor and Common Council, all such materials shall be given directly to the City Clerk prior to the meeting, or if during the course of the meeting, the materials shall be given to the City staff on the dais. At no time shall the public provide materials directly to the Mayor and Council. Page 6of8 i 2010-252 "Building a Better Community" Name of Program: Operational Guidelines Program: Council Committees PROPOSED STANDING AND AD HOC COUNCIL COMMITTEES GUIDELINES STANDING COMMITTEES 1. Polic It is the policy of the Mayor and Common Council to use standing committees in open and public meetings to study City Business in greater depth than is possible in the time allotted for Council meetings. 2. 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. Ouoru m A majority of the committee membership shall constitute a quorum 5. Function of Committees The purpose and intent of committee meetings is to provide for more thorough and detailed discussion and study of prospective or current Council agenda items with a full and complete airing of all sentiments and expressions of opinion on city problems by both the Common Council and the public, to the end that Common Council action will be expedited. Actions of the committee shall be advisory recommendations only. Within 120 days of an item being referred by the Mayor and Common Council to a committee, the item will be placed back on the Common Council agenda for an update or final action. 6. Minutes The Common Council staff shall be responsible for the preparation and distribution to the Mayor and Common Council of the minutes of standing committee meetings. The minutes for these meetings shall be action minutes which reflect the motions made during these meetings. The minutes shall be delivered to the Mayor and Councilmembers before the Council meeting at which the Committee's recommendations are to be discussed. 7. Report of Committee The minutes of each committee meeting shall serve as the report to the Mayor and Common Council. Any member may write a separate report. Council staff will compile and present a quarterly report to the full Council of a list of items pending by title, sponsor, and the date it was placed and the department responsible. Page 7 of 8 • i 2010-252 "Building a Better Community" Name of Program: Operational Guidelines Program: Council Committees 8. A, Benda The chairperson of each standing committee shall prepare the agenda for committee meetings, the sequence of study being, within reasonable limits of practicality, the same as the sequence of referral 9. Public Partici ation Public comment on agenda items will be limited to a maximum of three minutes per speaker,or any alternate time limit specified by the presiding officer. 10. Conduct of Standing Committee Meetings The chairperson of each committee may conduct meetings with as much informality as is consistent with Mayor and Common Council procedural rules for meetings, which shall also be in effect during committee meetings. The views of interested private citizens shall be heard in committee meetings, but in no case shall a committee meeting be used as a substitute for public hearings required by law. 11. Oral Communications Opportunities for oral communications shall be provided in the same manner as Council meetings. AD HOC COMMITTEES In addition to standing committees, the Mayor Pro Tempore, subject to approval of the Common Council, may appoint members to such other Ad Hoc Council Committees as deemed desirable and necessary to assist and advise the council in its work. Upon his/her appointment, the Mayor Pro Tempore shall review the number and purpose of the Ad Hoc Committees before assigning members. These Ad Hoc Committees meet on as needed basis. Page 8 of 8