Loading...
HomeMy WebLinkAbout2016-030 I RESOLUTION NO. 2016-30 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING AGENDA GUIDELINES AND COUNCIL COMMITTEE 4 GUIDELINES AND REPEALING CERTAIN SECTIONS OF RESOLUTION 2010-252 5 CONCERNING AGENDA DEADLINES AND RESPONSIBILITIES OF THE MAYOR AND COMMON COUNCIL, CITY ATTORNEY'S OFFICE AND THE COUNCIL 6 OFFICE 7 WHEREAS, The residents and businesses of the City of San Bernardino are entitled to 8 fair, ethical and accountable local government which has earned the public's full confidence for integrity; and 9 10 WHEREAS, it is in the City's best interests to operate in an open, honest and transparent manner; and 11 WHEREAS,the residents of San Bernardino have continuously asked for greater 12 transparency in the governance process, including earlier posting of agendas; and 13 WHEREAS,the amount and sophistication of the material provided in agenda back-up 14 can be overwhelming, making proper review of the agenda material within the 72-hour posting requirement of the Ralph M. Brown Act, difficult; and i5 16 WHEREAS, Council Members have requested that they receive the agenda and back-up materials in a manner that allows them sufficient time for review; and 17 WHEREAS,the Ralph M. Brown Act does not prohibit a city from posting its agenda 18 longer than 72 hours before a council meeting; and 19 WHEREAS, the City Clerk's Office is empowered to provide efficient procedures 20 followed by elected officials to assure public confidence in the integrity as well as efficient 21 communication between elected officials, staff, and the public; and 22 WHEREAS, it is imperative that all levels of the organization adhere to process guidelines to ensure true transparency in the agenda process and a smooth production schedule; 23 and 24 WHEREAS,the Agenda Guidelines are intended to provide procedures for staff and 25 elected officials to follow to ensure clear direction for agenda preparation, posting requirements and deadlines; and 26 27 WHEREAS, the Guidelines have been developed pursuant to the applicable provisions of the San Bernardino City Charter and reviewed by the City Attorney's Office. 28 1 1 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 2 3 SECTION 1. The Agenda Guidelines, and the Council Committee Guidelines, all as attached hereto as Exhibit A and by this reference made a part hereof, are hereby adopted. 4 5 SECTION 2. The Agenda Guidelines supersede all inconsistent guidelines of earlier dates. 6 SECTION 3. The Agenda Guidelines shall become effective April 1, 2016. 7 8 /// 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 2 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING AGENDA GUIDELINES AND COUNCIL COMMITTEE 2 GUIDELINES AND REPEALING CERTAIN SECTIONS OF RESOLUTION 2010-252 3 CONCERNING AGENDA DEADLINES AND RESPONSIBILITIES OF THE MAYOR AND COMMON COUNCIL, CITY ATTORNEY'S OFFICE AND THE COUNCIL 4 OFFICE 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 7 8 16`" day of February, 2016, by the following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ X 11 BARRIOS X 12 VALDIVIA X 13 14 SHORETT X 15 NICKEL X 16 JOHNSON X 17 MULVIHILL X 18 L ; 19 Georgea Hanna, CAC, City Clerk 20 The foregoing Resolution is hereby approved this�dayof February, 2016. 21 12, v; 22 23 R. Carey Davis, Iayor City of San Bernardino 2 4 Approved as to form: 25 Gary D. Saenz, City Attorney 26 By: 27 28 3 ATTACHMENT A AGENDA 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 AGENDA GUIDELINES for Elected officials, the public and staff members to follow members to assure public confidence in the integrity of local government, its effective operations, and fair treatment of people. 2. 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. 3. Sharing of Information on Issues under Consideration The Mayor and Common Council shall publicly share substantive information that is relevant to the matter under consideration, which they may have received from sources outside of the public decision- making process.This includes texts, emails, instant messaging and other digital forms of communication, received during the meeting at which deliberations take place. 4. 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, 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 Clerk's Office no later than three weeks prior to the meeting it is to be heard. 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. 5. Submission of Agenda Item Staff Reports Mayor and Common Council and Staff Reports and back-up material shall be prepared and submitted to the City Clerk's Office three 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. 6. Preparation and Distribution of the Agenda Packet The City Clerk shall prepare the Agenda packet no later than noon on Monday the week prior to each regular Common Council meeting. A copy of the agenda, with accompanying staff reports and other background materials, shall be delivered to the Mayor and each Council Member no later than the end of business on the Monday preceding the Council meeting. 7. Posting of Agenda The City Clerk shall post the agenda of each City Council Regular or Adjourned Regular Meeting one week(170 hours) in advance of said meeting in a location that is freely accessible to members of the public and on the city's web site. The City Clerk shall maintain an affidavit indicating the location, date and time of posting each agenda. 8. Failure to Meet Deadlines The City Clerk shall not, except in those cases that meet the definition of an emergency under the Ralph M. Brown Act, accept any new agenda item from the City Manager or staff, Mayor and Council Members or City Clerk after the deadline has passed. The City Attorney's office may place items on the agenda up until the noon deadline to publish the agenda. 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. 9. Structure of Staff Reports Items requiring a budget amendment or the expenditure of funds already budgeted shall include information in the Financial Impact portion of the Staff report Cover page. Items that have been considered by Committee shall include the day,time,vote and committee recommendations in the staff report. 10. Committees, Commissions and Boards City Committees, Commissions and Boards subject to the noticing requirements of the Brown Act will post agendas for these meetings 7 days prior to the meeting.