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HomeMy WebLinkAbout06-08-2010 Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Virginia Marquez Jason Desjardins Tobin Brinker Fred Shorett Chas Kelley Rikke Van Johnson Wendy McCammack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING TUESDAY, JUNE 8,2010 ECONOMIC DEVELOPMENT AGENCY BOARDROOM 201 NORTH "E" STREET SAN BERNARDINO, CALIFORNIA This is the time and place designated for a joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino from the joint regular meeting of the Mayor and Common Council and Community Development Commission held at 1:30 p.m., Monday, June 7,2010, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the order of adjournment of said meeting held on Monday, June 7, 2010, and has on file in the office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 11 a.m., Tuesday, June 8, 2010, on the City Hall breezeway bulletin board. The joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Morris at 5: 13 p.m. on Tuesday, June 8, 2010, in the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino, California. Roll Call Present: Mayor Morris; Council Members/Commissioners Marquez, Desjardins, Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark. Absent: None 06/08/2010 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 2. Follow-up to Mayor and Common Council Retreat/Workshop Mayor Morris stated that although he was not present at the last workshop, the facilitator, Dr. Bill Mathis, stated that there was no formal action taken at that workshop to adopt the Code of Conduct and perhaps it should be adopted at this workshop. Dr. Mathis stated that one of the more pervasive things that Councils are facing are things such as phones or any "gizmo" that interferes with working and asking Council members to put them on silence and respect everybody so that everyone can pay attention to business. Discussion ensued about the subject and Dr. Mathis suggested that the topic be put to the side and that perhaps this topic could be discussed at a later time. 2 06/08/2010 Two other topics that Dr. Mathis wanted to put on the table were the anti- bullying process and the issue of council behavior with employees and what the redress is for employees. With regard to anti-bullying, Dr. Mathis stated that bullying is more serious than sexual harassment, but it is not as well defined legally as sexual harassment. He stated that bullying activity is serious and creates conflict among council members. Dr. Mathis asked City Attorney Penman what was his experience with these two topics in terms of enforcement, and the investigative kind of process where an employee is feeling pressured or unduly influenced by a supervisor or Council member. City Attorney Penman stated that his experience has been that it's been problematic when the Mayor or a Council member has tried to force a certain manner of action on another council member. He stated that from a legal standpoint it is very difficult to impose restrictions on people. He indicated that there is a Charter provision that council members can be fined up to $250 for violating the Council's Rules and Procedures. Council member McCammack stated that the operational guidelines/code of conduct should apply to everybody in City Hall, and she suggested adding the words "and staff" in a few paragraphs. Dr. Mathis stated that Council member McCammack's comment had some validity, but this is the Council Code of Conduct and not staffs Code of Conduct. He suggested that Council member McCammack's idea of Council/staff relationships be a follow up discussion at a future time. Mayor Morris asked City Manager McNeely to address that issue brought up by Mrs. McCammack relative to staff conduct and guidelines for their behavior. Mr. McNeely stated that he does not have a problem whatsoever with respect being included in a Code of Conduct. He believes that the City Manager should be demanded to exhibit the same respectful behavior, and be held to a higher standard just like elected officials. Mr. McNeely noted that most organizations have a separate and distinct set of policies and guidelines that govern employees' behavior and there are rules that deal with any violations. Director of Human Resources Linn Livingston commented that there are civil service rules and there is a disciplinary process within the civil service rules. Mrs. McCammack commented that there is no document for the at will employees. City Attorney Penman stated that he felt that the Code of Conduct should be for the Mayor and Council and that there should be a separate document that covers other staff who are not covered by civil service rules. Dr. Mathis suggested that once the Code of Conduct is approved, it should be reviewed at the beginning of the year to remind people how they are to behave and what are the expectations. 3 06/0812010 Council member Kelley stated that on page 5, item 2, under "Role of Mayor and Common Council Regarding Council Meetings," it states, "Council members should indicate to the Mayor that they want to speak. The Mayor will acknowledge them before they begin to speak." He reminded the Mayor and Mayor Pro Tern that there is a device at the dais that should be used to ensure that people know they can be recognized and called on. Following discussion, Dr. Mathis stated that it's very difficult to start interpreting what other people mean without going back and asking them "This is what I heard, did you really mean that?" otherwise it is mind reading and explaining another person's position is really dangerous for council members. In reviewing the Operational Guidelines, it was the consensus of the Mayor and Council that under 1. General Overview, the second sentence shall read: The City will operate in an open, honest and transparent manner. Additionally, also in the Operational Guidelines, under 13, Policy Role of Members, the last sentence should 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. A motion was made by Council member McCammack that the Code of Conduct/Operational Guidelines be approved with the changes suggested by Mr. Penman and that the words "and staff" be added to paragraphs 2, 4, 8, 9, and 15. Mr. Penman stated that the words should be "and/or staff". Council member McCammack amended her motion to include direction to the City Manager to create a document that gets more specific and drills down on the current conduct for staff. Mrs. McCammack subsequently withdrew her motion. Council member Brinker stated that he wanted a document that specifically lists the expectations for staff in terms of their code of conduct. Council member Shorett made a motion, seconded by Council member Brinker, to adopt the Code of Conduct. Council member Brinker asked that the motion be amended to direct the City Manager to come back with a document for staff. The amended motion was accepted. Sr. Asst. City Attorney Easland pointed out that the City Manager will need to meet and confer with staff. City Attorney Penman stated that before adopting the Code of Conduct, he wanted to address a couple of housekeeping items. On page four, number one, the Code talks about matters being placed on the agenda by the Mayor and Common Council, City Clerk, City Attorney, City Treasurer, and City Manager. Additionally, on page two, the same phrase "Mayor and Common Council" is used. Mr. Penman suggested that the last sentence under 13 should 4 06/08/2010 read, "This language does not prohibit the Mayor and Conunon Council from bringing information forward and discussing it with the City Manager and/or staff. " Mr. Penman pointed out that in our Charter the Mayor and Conunon Council is an entity and the way the sentence is currently written means that the Mayor and Conunon Council would have to vote to take something to the City Manager and staff. The amended motion, with the changes suggested by Mr. Penman, was unanimously approved. A motion was made by Council member McCanunack, seconded by Council member Kelley, to reconsider the previous item for the purpose of allowing public conunents from a citizen who had submitted a Request to Speak slip. The motion carried unanimously. Public conunents were received from Mr. Warner Hodgdon who complimented the Mayor, all of the elected officials, Mr. McNeely, and Dr. Mathis for what was presented at the meeting. Mr. Hodgdon stated that the agenda and backup should be posted and made available to the public on the Thursday preceding a Council meeting. Council member Brinker stated that at the last meeting there was conversation at some length about agendas and when they would be ready. Discussed ensued concerning proposed agenda guidelines and Council member McCanunack made a motion, seconded by Council member Kelley, to approve items I through 5 under Proposed Agenda Guidelines with the amendments Mr. Penman had previously stated. Council member McCanunack amended her motion to substitute the word "should" for the word "shall" under item 3, Preparation and Distribution of the Agenda Packet, so that the second sentence reads, "Not later than 5:00 p.m. on the Thursday prior to each regular Council meeting a copy of the agenda with accompanying staff reports and other background should be delivered to the Mayor and each Council Member.....". Council member Kelley accepted the amendment and the motion carried unanimously. Council member Kelley reconunended that a Code of Conduct for EDA be prepared for the next meeting. Mayor Morris suggested that the Council simply broaden this Code of Conduct to include the Mayor and Conunon Council and the Economic Development Agency and that same guidelines be adopted for the same set of policy makers. 5 06/08/20 I 0 Council member Shorett made a motion, seconded by Council member Brinker, to broaden the text of the title to the Code of Conduct to include the Community Development Commission and its Chairman with an instruction to the EDA Director to come forward with a set of guidelines in terms of staff conduct. The motion carried unanimously. 3. Public Comments No public comments were received. 4. Adjournment Consensus was to hold the next workshop at 4 p.m. on Thursday, June 17, 2010, in the EDA Boardroom. At 8:05 p.m., the workshop was adjourned to 5 p.m., June 15, 2010 in the EDA Boardroom to discuss the City and EDA budgets. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for Monday, June 21,2010. RACHEL G. CLARK, CMC City Clerk ~ '~-,-L /::J.~ 6 06/08/2010