HomeMy WebLinkAbout06.B- Resolution Concerning Agenda Deadlines and Responsibilities of Mayor and Common Council RESOLUTION (ID #4303) DOC ID: 4303
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
In Support/Opposition
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 02/16/2016
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Clerk Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Adopting
Agenda Guidelines and Council Committee Guidelines and Repealing Certain Sections
of Resolution 2010-252 Concerning Agenda Deadlines and Responsibilities of the
Mayor and Common Council, City Attorney's Office and the Council Office. (#4303)
Current Business Registration Certificate: Not Applicable
Financial Impact:
None
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
June 30, 2010: Resolution 2010-252 outlines the process by which items are placed on
the agenda for Mayor and Common Council Meetings.
August 17, 2015: The MCC referred the matter to the Legislative Review Committee
October 6, 2015: The LRC approved the resolution in concept, but said it would need to
be approved by the City Manager. Former City Manager Allen Parker did not respond to
repeated requests for his review of the item.
Background:
The City Clerk's Office and City Attorney's Office work closely to approve items in a
timely manner, but are seeking formalized agenda policies so that all departments
comply with both the spirit and the mandate of the Brown Act, and that is greater
government transparency.
Currently, the agendas and backup materials are posted 72 to 96 hours prior to the
Mayor and Common Council Meetings. Change is necessary in order to promote
transparency, improve relations with the community, and provide Council Members and
the public the backup materials early enough to aid thoughtful decision making.
True last-minute emergencies are rare, and can be dealt with under the rules of the
Brown Act for special or emergency Council consideration. But without a formal change
to the current policies, those departments allowed currently to place items on the
agenda at the last minute will continue to do so. This leads to less time for thoughtful
consideration of an item by internal reviewers, the council and the public, places an
Updated: 2/10/2016 by Georgeann "Gigi" Hanna I Packet Pg. 319
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4303
undue amount of work on the City Attorney's office reviewing the items on the day the
agenda is printed, and often leads to staff overtime because the agendas are printed on
Fridays, when most of the City staff are off.
My recommendation would be that we publish the agendas on the Mondays prior to the
meeting, which gives everyone a full 7 days to review the items. Internal deadlines to
submit staff reports would be two Mondays prior to the meeting. To illustrate, if the
system were in place for the meeting of February 16, 2016, the agenda would have
been printed and distributed on Monday, February 9 and the reports would have been
due for review on Monday, February 1.
As the city works through its financial issues there is greater and greater call for
transparency in its business. Giving the public and council a full week to review the
agenda packet pulls the curtain back on issues, creating greater confidence in the
process and the people involved.
Resolution 2010-252, a proposed resolution to consider and a list of the agenda
publishing schedule for some California cities is also attached.
City Attorney Review:
Supporting Documents:
Agenda Deadline Reso (DOC)
Attachment "A" to Resolution (DOCX)
reso 2010-252 (PDF)
building a better community (PDF)
2015-071 (PDF)
Agenda Posting_DaysAhead (PDF)
Updated: 2/10/2016 by Georgeann "Gigi" Hanna Packet Pg. 320
6.B.a
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ADOPTING AGENDA GUIDELINES AND COUNCIL COMMITTEE
3 GUIDELINES AND REPEALING CERTAIN SECTIONS OF RESOLUTION 2010-252
4 CONCERNING AGENDA DEADLINES AND RESPONSIBILITIES OF THE MAYOR
AND COMMON COUNCIL, CITY ATTORNEY'S OFFICE AND THE COUNCIL
5 OFFICE
6 WHEREAS, The residents and businesses of the City of San Bernardino are entitled to
7 fair, ethical and accountable local government which has earned the public's full confidence for
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integrity; and
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9 WHEREAS, it is in the City's best interests to operate in an open,honest and transparent
manner; and R
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WHEREAS, the residents of San Bernardino have continuously asked for greater o
11 transparency in the governance process, including earlier posting of agendas; and
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WHEREAS,the amount and sophistication of the material provided in agenda back-up
13 can be overwhelming, making proper review of the agenda material within the 72-hour posting
requirement of the Ralph M. Brown Act, difficult; and
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15 WHEREAS, Council Members have requested that they receive the agenda and back-up Q
materials in a manner that allows them sufficient time for review; and r>
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WHEREAS,the Ralph M. Brown Act does not prohibit a city from posting its agenda o
17 longer than 72 hours before a council meeting; and
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WHEREAS, the City Clerk's Office is empowered to provide efficient procedures
19 followed by elected officials to assure public confidence in the integrity as well as efficient
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communication between elected officials, staff, and the public; and °
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21 WHEREAS, it is imperative that all levels of the organization adhere to process Q
guidelines to ensure true transparency in the agenda process and a smooth production schedule;
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WHEREAS,the Agenda Guidelines are intended to provide procedures for staff and
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24 elected officials to follow to ensure clear direction for agenda preparation,posting requirements Q
25 and deadlines; and
26 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.
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1 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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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.
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SECTION 2. The Agenda Guidelines supersede all inconsistent guidelines of earlier
dates.
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SECTION 3. The Agenda Guidelines shall become effective April 1, 2016.
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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
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Common Council of the City of San Bernardino at a meeting thereof, held on the
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8 day of , 2016,by the following vote,to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT a,
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1 o MARQUEZ
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BARRIOS d
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VALDIVIA
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14 SHORETT
15 NICKEL a
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16 JOHNSON
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MULVIHILL
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19 Georgeann Hanna, City Clerk o
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The foregoing Resolution is hereby approved this day of 72016.
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23 R. Carey Davis, Mayor
City of San Bernardino w
24 Approved as to form: a
25 Gary D. Saenz, City Attorney
26 By:
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Packet Pg:323'.
6.B.b
ATTACHMENT A
AGENDA GUIDELINES
1.General Overview y^,
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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 N
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 a;
government, its effective operations, and fair treatment of people. co
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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 a
Mayor and Common Council by City staff. C7
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 the may have received from sources outside of the public decision- °
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making process.This includes texts, emails, instant messaging and other digital forms of communication, --
received during the meeting at which deliberations take place. o
4. Placing Matters on the Agenda 0
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In addition to matters pending before any committee, commission or other advisory body of the
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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
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City Manager. _
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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 Q
should be delivered to the City Clerk's Office no later than three weeks prior to the meeting it is to be c
heard.
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The City Clerk shall compile the agenda, listing all matters to be considered by the Council is
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according to the order of business, numbering each item consecutively. Q
Packet Pg. 324
6.B.b
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.
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6. Preparation and Distribution of the Agenda Packet
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The City Clerk shall prepare the Agenda packet no later than noon on Monday the week prior to each a
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.
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7. Posting of Agenda
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The City Clerk shall post the agenda of each City Council Regular or Adjourned Regular Meeting one
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week (170 hours) in advance of said meeting in a location that is freely accessible to members of the c
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.
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8. Failure to Meet Deadlines
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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 Q
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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.
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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. 0
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9.Structure of Staff Reports o
Items requiring a budget amendment or the expenditure of funds already budgeted shall include a
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 E
report. v
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10. Committees, Commissions and Boards a
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City Committees, Commissions and Boards subject to the noticing requirements of the Brown Act will E
post agendas for these meetings 7 days prior to the meeting.
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Packet Pg. 325
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
WHEREAS,the Operational Guidelines have been developed to provide better and more
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efficient communication between elected officials, staff, and the public; and Q
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WHEREAS, the Code of Conduct for the Mayor and Common Council is intended to
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provide efficient procedures for elected officials to follow to assure public confidence in the integrity
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of local government, its effective operations, and fair treatment of people, and t�
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WHEREAS, the Agenda Guidelines and Council Committee Guidelines are intended to y
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provide procedures for staff and elected officials to follow to assure clear direction for agenda
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preparation, posting requirements and deadlines; and c�
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WHEREAS,the Mayor and Common Council have been given the opportunity to review
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and make desired modifications to the Operational Guidelines;and
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17 WHEREAS,the Operational Guidelines have been developed pursuant to the applicable
provisions of the San Bernardino City Charter and reviewed by the City Attorney. N
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19 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON c
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Operational Guidelines, inclusive of the Code of Conduct for the r-
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Mayor and Common Council,the Agenda Guidelines, and the Council Committee Guidelines,all
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23 as attached hereto as Exhibit A and by this reference made a part hereof, are hereby adopted. a
SECTION 2. The Operational Guidelines supersede all inconsistent guidelines of earlier
24
date.
25
26 SECTION 3. The Operational Guidelines shall become effective upon adoption of this
resolution.
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Packet Pa.326:
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 joint regulanneeting thereof, held
5 on the 2nd day of August , 2010 by the following vote, to wit:
6 Council Members: AYES NAYS ABSTAIN ABSENT ''
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MARQUEZ x Q
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DESJARDINS x
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BRINKER x
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11 SHORETT x w
12 KELLEY x _
13 JOHNSON x cn
1 MCCAMMACK x c
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Rachel G. Clark, City Clerk
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18 The foregoing resolution is hereby approved this day of c
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19 August ,2010. o
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21 c Moms,Mayor
City of San Bernardino t
22 Ei to form: c
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24 NMAN,
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July 28,2010
Packet,Pg:,327;,'
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 a
operations, and fair treatment of people
2. Rules of Decorum
The professional and personal conduct of the Mayor and Common Council must be above L
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. o
I 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. 0
4. Conduct of Public Meetings
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The Mayor and Common Council shall prepare themselves for public issues; listen courteously a,
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 c
the business of the body; or otherwise interfering with the orderly conduct of meetings. a
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. E
6. Sharing of Information on Issues under Consideration E
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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 ca
Fn-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 M
responsibility or personal relationship which may give the appearance of a conflict of interest.
8. Gifts and Favors E
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 a
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
Packet Pg.,328-
6Bd`
2010-252
"Building a Better Community"
Name of Program: Operational Guidelines ProjZram: 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 ,o
holding the City Manager accountable for achieving those policies.
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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 tM
implement Council policy decisions per City Charter Section 104. Q
The Mayor and Common Council will not divert management from the approved priorities with M
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 E
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not prohibit the Mayor, Council Members, City Attorney, City Clerk, or City Treasurer from 0
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 v
state that they do not represent their body, the City of San Bernardino, nor should they
encourage the inference that they do.
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After a decision is made, the Mayor serves as the spokesperson for the City's view on policy E
matters;the Common Council should speak with"one voice."
14. Positive Work Place Environment w
The Mayor and Common Council shall support the maintenance of a positive and constructive a
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
Packet Pg. 329
2010-252
"Building a Better Community"
Name offrwram: 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
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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 L
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.
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16. ComnIiance and Enforcement
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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. E
17, Community Development Commission v
This code of conduct shall also apply to the Community Development Commission and its
Chairman. a
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Packet Pg. 330
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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. L
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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 F
should be delivered to the City Manager's Office no later than the time established by current a;
administrative policy. L
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The City Clerk shall compile the agenda, listing all matters to be considered by the Council %o
according to the order of business, numbering each item consecutively.
2. Submission of Agenda item Staff Reports
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Mayor and Common Council staff reports and back-up material should be prepared and 3
submitted to the City Manager's Office two weeks prior to each regular Common Council
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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 Q
meeting.
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3. Preparation and Distribution of the Agenda Packet M
The City Clerk shall prepare the Agenda packet. Not later than 5:00 p.m. on the Thursday prior S
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 E
Member so as to be available no later than the Thursday preceding the Council meeting. c
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 a,
contained in the packet may be included.
4. Posting of Agenda Q
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 E
members of the public. The City Clerk shall maintain an affidavit indicating the location, date
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and time of posting each agenda. a
S. 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.
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Papk e V Pg 1 31
6.B.d
2010-252
"Building a Better Community"
Name of Program: Operational Guidelines Pro&ram: 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
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interrupt the proceedings of the Common Council or interrupt any member while speaking. N
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2. Councilmembers should indicate to the Mayor that they want to speak. The Mayor will t=
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. d
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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 c�
this is not possible, the majority vote shall prevail. However, the Common Council shall
respect the opinion of the minority.
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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 c
win the vote or prevail on the issue.
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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 a
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.
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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.
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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 a
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
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applicable to the Mayor, Common Council, and staff. N
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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 a�
cellular telephones to a silent mode while attending a City Council meeting. a
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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 E
Council. o
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2010-252 ,
"Building a Better Community'
Name ofP Pr
roram: Operational Guidelines ogram: Council Committees
PROPOSED STANDING AND AD HOC COUNCIL COMMITTEES GUIDELINES
STANDING COMMITTEES
1. Policy
It is the policy of the Mayor and Common Council to use standing committees in open and
public meetings to study City Business in greater depth than is possible in the time allotted for
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Council meetings. .
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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.
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3. General Requirements L
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Common Council standing committees shall be subject to the following procedural rules. N
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4. Ouoru ioa
A majority of the committee membership shall constitute a quorum
5. Function of Committees 'a
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 Q
airing of all sentiments and expressions of opinion on city problems by both the Common M
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. o
6. Minutes d
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 ca
these meetings shall be action minutes which reflect the motions made during these meetings. 9
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The minutes shall be delivered to the Mayor and Councilmembers before the Council meeting
at which the Committee's recommendations are to be discussed.
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7. Report of Committee E
The minutes of each committee meeting shall serve as the report to the Mayor and Common
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Council. Any member may write a separate report. Council staff will compile and present a Q
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 7of8
Packet.Pg.y 334
2010-252
"Building a Better Community"
Name of Program: Operational Guidelines Program: Council Committees
8. 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
9. Public Participation
Public comment on agenda items will be limited to a maximum of three minutes per speaker,or Q
any alternate time limit specified by the presiding officer. W
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14. Conduct of Standing Committee Meetings Z
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
S
hearings required by law. (D
11, Oral Communications
Opportunities for oral communications shall be provided in the same manner as Council .�
meetings. a,
AD HOC COMMITTEES M
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, c
the Mayor Pro Tempore shall review the number and purpose of the Ad Hoc Committees E
before assigning members. These Ad Hoc Committees meet on as needed basis. 0
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Page 8 of 8
Packet,,Pg. 335
1 RESOLUTION NO.2015-71
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ESTABLISHING AND ADOPTING OPERATING PRACTICES FOR
4 GOOD GOVERNANCE.
5
WHEREAS, the People of the City of San Bernardino have chosen to exercise their right
6 and power under the California Constitution to organize as a charter city, and have adopted the
City Charter, which serves as the City's constitution; and
s WHEREAS, the intent of the People of the City in choosing this form of home rule
government was to promote the efficient and effective operation of City government; and �-
9 =
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10 WHEREAS, the Strategic Planning Core Team examined the provisions of the San L
Bernardino City Charter that establish the distribution of duties and powers within City
11 Government; and L�
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12 WHEREAS, the primary role of the Common Council is to establish city policy through N
13 the Council's legislature power, pursuant to Article III of the City Charter; and c
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14 WHEREAS, the primary role of the Mayor is to serve as chief executive and '
15 spokesperson for the city pursuant to Article IV of the City Charter, provided that he also has the
power, subject to Council approval, to appoint and generally supervise the City Manager, and
16 approve or disapprove ordinances, as well as certain other specified duties and powers; and Q
M
17 WHEREAS, section 102 of the City Charter specifies the many duties and powers of the
1e City Manager, the most significant of which is to direct and exercise immediate supervision over
the administration of all Manager-directed City departments; and c
19 U)
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WHEREAS, section 104 of the City Charter provides broad authority to the City N
20
Manager to exercise his appointment and management duties without interference; and c
m
21 E
WHEREAS, under Charter Section 55, the role of the City Attorney is to be the chief
22 legal officer of the City, and in that capacity to represent and advise the Mayor, Common Q
23 Council and other City officers; and
24 WHEREAS, other provisions of the City Charter provide for an elected City Treasurer
and City Clerk, and specify the important duties and powers of those officials; and
25
26 WHEREAS, in certain respects the provisions of the Charter establishing the distribution
of duties and powers within City Government appear unclear or inconsistent, which imposes an
2 7 impediment to the efficient functioning of the City Government; and
28
1
Packet Pg 336
i Y-
6Be'
1 WHEREAS, under established municipal law principles, these City Charter provisions
must be harmonized in a reasonable manner to promote the public interest and intent of the
2 voters in approving those provisions; and
3
WHEREAS, in other charter cities that function effectively and efficiently, substantial
4 deference and discretion is provided to the city manager to manage and supervise the operations
s
of city government; and
6 WHEREAS, all parties hereto recognize that the efficient functioning of the City
Government is essential to the City's ability to Adopt a Plan of Adjustment and to emerge from
7 bankruptcy; and
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a WHEREAS, the City of San Bernardino's Strategic Planning Core Team ("Team"), a a.
9 group of diverse community and institutional leaders, was tasked with recommending to the City R
Council a new direction for the City, a strategic plan; and
10 '-
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11 WHEREAS, this plan will provide a roadmap for the renaissance of San Bernardino and L
direction for the City's impending bankruptcy exit plan, i.e. Plan of Adjustment; and 0
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12
WHEREAS, in order to plan for a new future the Team established that it was important
13 to understand the current organizational context and they listened to a high-level assessment of
14 the City organization to evaluate barriers to excellence; and
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15 WHEREAS, the Team discussed potential causes for the City's bankruptcy, the reasons =
16 why the City cannot provide adequate services and why it is so hard to determine who is in a
charge and ultimate accountability for organizational performance; and
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17
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WHEREAS, the Team feels that the foregoing issues need to be addressed in order to
18 achieve the vision and goals of a strategic plan and exiting bankruptcy; and
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19 LO
WHEREAS, it is apparent to the Team that the City's Charter is a compendium of N
20 conflicting provisions, a recipe for inefficiency and finger pointing given the overlapping of
legislative (policy making) and managerial responsibilities between the Mayor, Common
21 Council, City Attorney and City Manager; and
22
WHEREAS, it is unclear who is in charge and whom to hold accountable; and Q
23
WHEREAS, the bankruptcy judge has ordered the City to produce a Plan of Adjustment
z4 by May 30, 2015; and
25
WHEREAS, the City's economy continues its slide as an economic island in one of the
26 fastest growing regions in the country; and
27
WHEREAS, the Team feels that a change in decision making and operating practices
28 needs to occur immediately; and
i
2
..Packet,Pg�337
1 WHEREAS, the Team recommends that a process should be put into place leading to a
new City Charter that draws from other successful cities' experiences; and
2
3 WHEREAS, the Team recommends that the four principals (Mayor, Common Council,
City Attorney and City Manager) should agree to a list of operating practices that are ubiquitous
4 in high functioning cities of a similar size; and
5 WHEREAS, the Team recommends that given the complex San Bernardino City
6 Charter, the City should seek an independent legal review to ensure the principles in the
Operating Practices can be effectuated on an interim basis until a wholesale Charter revision can
7 take place and be submitted to the voters; and
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WHEREAS, the City has retained Renne Sloan Holtzman Sakai LLP to review the a
9 Operating Practices to ensure that they can be effectuated without violating the Charter; C
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to NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
11 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: L
12 SECTION 1. The Mayor and Common Council has reviewed and considered the °
d
13 recommendations of the Strategic Planning Core Team and hereby establishes and adopts the a,
14
1 Operating Practices for Good Governance, attached hereto as Exhibit "A" and by this reference
15 'a
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16 made a part hereof.
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27
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Packei'Pg.338
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ESTABLISHING AND ADOPTING OPERATING PRACTICES FOR
2 GOOD GOVERNANCE.
3
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
4
Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
5
6 6th day of April, 2015,by the following vote,to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
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$ MARQUEZ X Q
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BARRIOS X CU
10 s-
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11 VALDIVIA X L
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12 SHORETT X
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13 NICKEL X =
14 JOHNSON X-
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MULVIHILL X a,
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Georg nn Ifanna, City erk
18
The foregoing Resolution is hereby approved this day of April 015. °
19
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20
21 R. Carey Da is, Mayor
22 City of San ernardino a
Approved as to form:
23 Gary D. Saenz, City Attorney
24
25 BY ,
26
27
28
4
Packet Pg.339
2015-71
OPERATING PRACTICES FOR GOOD GOVERNMENT
Common Council:
1) The role of the Common Council is legislative in character,which includes the power to set
policy,approve contracts and agreements and undertake other obligations consistent with the
Charter and Code, while deferring to the discretion of management and staff to choose the
appropriate means to achieve the Council's goals.
2) The Common Council will make the necessary decisions to expeditiously exit bankruptcy, as well >,
U
as develop and implement a strategic and tactical plan that ensures the City of San Bernardino's
L
success in the foreseeable future. To this end, it will comply with Judge Jury's order to produce Q,
a confirmable Plan of Adjustment by May 30, 2015. r-
3) The Common Council will proved the resources to pursue the City's best interests in bankruptcy
L
court along with a robust communication plan to inform the citizenry of what is at stake.
4) The Common Council, as the elected body serving all of the residents of the City, shall perform (D
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its duties and exercise its powers in a manner that serves the best interests of the entire City, o
rather than any particular geographic area or special interest. N
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Mayor:
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1) The Mayor will build consensus with the Common Council to create and implement a shared c
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vision and plan of implementation to restore the City's fiscal integrity.
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2) The Mayor will establish and maintain partnerships and regional leadership roles to advance the
City's interest.
3) The Mayor will be the key"face" and chief spokesperson for the City.
4) The Mayor will be the presiding officer at meetings of the Common Council and will fully q
participate in discussions. c
5) The Mayor will, consistent with the separation of powers contemplated by a reasonable reading 04
of the City Charter, not interfere with the discretion of the City Manager in the exercise of his E
powers and the performance of his duties under the City Charter. .c
6) The Mayor will work with the Common Council and City Manager to coordinate goal setting and
the performance evaluation of the City Manager.
Mayor and Common Council:
1) The Mayor and Common Council will jointly develop clear expectations of the City Manager and
hold him/her accountable by conducting performance evaluations at least every six (6) months.
2) The Mayor and Common Council will develop and implement norms(Code of Conduct)to guide
and direct their interactions and duties, including measures to hold one another accountable for
deviations from the goals and principles set forth in the City Charter, City Code and these
Operating Practices.
1
Packet Pg. 340
2015-71
3) Neither the Mayor nor the Common Council will interfere with the judgment and discretion of
management staff with respect to the duties that are typically managerial in nature, such as the
appointment, removal, and supervision of subordinate staff.
4) Neither the Mayor nor the Common Council will direct departmental staff(other than those in
their own departments).
City Attorney:
1) The City Attorney will focus his attention and resources on the performance of his duty as chief
legal officer to provide legal advice to the Mayor, Common Council and City Manager, and the
management of his office,and shall leave the formulation of policy and managerial matters
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exclusively to those officials charged by the City Charter with those duties. L
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City Manager: w
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1) The City Manager will be the sole authority for managing City operations and directing City staff
in those departments under his supervision.
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2) The City Manager will make business and policy recommendations based solely his or her t9
independent professional judgment and best practices in the best interests of the City, rather °
than political considerations, and to this end shall strictly guard against interference with the
performance of his duties.
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3) The City Manager will have both the authority and accountability to produce a confirmable Plan
of Adjustment for Common Council approval by May 30, 2015.
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4) The City Manager will be responsible for implementing the Plan of Adjustment to ensure the =
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City exits bankruptcy as soon as possible. Q
5) The City Manager will be accountable for the implementation of Council goals and policy and c
the overall performance of the City.
6) The City Manager will be responsible for ensuring that the Common Council and Mayor are fully t-
informed on all aspects of important emerging issues,and as part of that responsibility will fully °
LO
brief the Common Council at their Council Meetings on business matters before them. o
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Signed:
E
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Date:
R. Car y D is, Mayor
Date:
Virgi a rqu
Memb r, Common Coui cil
Date:
Ito J. B ios
Member, common Council
2
Packet Pg. 341
2015-71
Date:
John Valdivia
Me r ommon unci
GG Date:
Fred Shorett
Member, Commo Council C�
` Date: ( �[�
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Jame Muly ill L
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Date:
Gary D. Saenz _
City Attorn y CU
Date:
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Allen J arker
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City Manager M
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Packet Pg. 342
City Agenda Posting Schedule City Population
Riverside Proposed (to go to Cuncil in September) 12 days
San Jose 10 days,with supplemental memos up to 72 hous before over 1,000,000
San Clemente 7 days in advance 65,000
Galt 96 hours ahead
San Luis Obispo 7 days in advance 47,000
Vallejo 96 hours
Ontario 96 hours 170,000
Oakley 7 days 38,000
Q.
11 days (two fridays before a Monday meeting) and 10,500 residents =
Emeryville update/include late items ONCE—96 hours before the with up to 40K `�°
meeting(the "Thursday" before the meeting) daytime population
Santa Monica One week in advance
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Paradise One week in advance 26,400
Riverside 12 days °
San Leandro N
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One week in advance 85,000 Q
Orange County
Transportation
Authority(OCTA) CD
Five days prior Q
El Cerrito Five days prior. No Late items
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Milpitas Six days prior. No late items 74,000 c°e)
Palo Alto * 11 days prior 60,000
Lake Forest Five days prior. No updates
Coachella Q
Six days prior 44,000 >,
Cupertino Six days prior 60,000 0�
Oxnard Six days prior 203,000 =
Chico Six days prior 86,000 0
Livermore 10 days prior 86,000 a
CU
Palm Springs Six days prior c
CD
Lompoc Six Days prior
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Huntington Beach Five days Prior
200,00
Manhattan Beach six days prior U
Pomona 96 hours ahead 151,785.00 Q
Palm Desert Six days prior
Packet Pg. 343