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HomeMy WebLinkAboutStaff Report 2309-20553. City Council Referral to Discuss and Recommend City Council Procedures and Protocols on: Censure and Interna�onal Travel Sec�ons (Follow Up Discussion) Policy & Services Committee Staff Report From: Chantal Gaines, Deputy City Manager Meeting Date: October 10, 2023 Report #: 2309-2055 TITLE City Council Referral to Discuss and Recommend City Council Procedures and Protocols on: Censure and International Travel Sections (Follow Up Discussion) RECOMMENDATION Staff recommends that the Policy and Services Committee discuss the referral from the City Council related to Censure Policy and International Travel Policy make a recommendation to the City Council for inclusion in the City Council Procedures and Protocols Handbook. BACKGROUND The City Council discussed the City Council Procedures and Protocols Handbook on January 30 and March 20, 2023 and adopted the most recent version on April 24, 2023. The City Council referred a few discussion topics to the Policy and Services Committee during these discussions. The Committee has made progress on these referrals and the progress is included in parentheses next to the referrals listed below: 1. Procedures Section 1.1: Annual Organization of City Council (P&S discussed on May 9, 2023 and requested staff to bring this to City Council in the 4th quarter for City Council to evaluate whether a ballot measure should be placed before the voters). 2. Procedures Section 5.1a(4): Video Participation for Public Comment. Staff noted that this would be studied and, if found feasible, it would just be implemented instead of it being a discussion at Committee. This exploration language was included in the April 24th Adopted Handbook in this section. Staff has begun exploring feasibility. 3. Procedures Section 8.2: Censure language was referred to committee for review (discussion on August 8, 2023; item requested to return to committee; draft language included in this October 2023 report). 4. Protocols Section 2.2: Refrain from Lobbying Board and Commission Members. (P&S discussed this with Board/Commission Chairs on June 13, 2023 and recommended language for Council consideration). 5. Protocols Section 2.8: The Role of Council Liaison to Boards or Commissions. (P&S discussed this with Board/Commission Chairs on June 13, 2023 and recommended language for Council consideration). 6. Protocols Section 4: International Travel (Committee discussed on April 26, 2023; draft language included in this October 2023 report). 7. Protocols Section 4.1: Miscellaneous Expenditures. Council referral for the committee to discuss the establishment of appropriate parameters for Council discretionary expenditures and whether to allocate $2,000 annually from the Council contingency fund for each Council member to decide its purpose. (this referral will come to Committee in November). These topics have been scheduled to Committee throughout the year to balance workload. The topics highlighted for Committee discussion at the October 10, 2023 meeting are the Censure Policy Draft Language and the International Travel Policy Draft language. Both topics have been previously discussed as noted above. The actions taken by committee in the prior discussions were as follows: Censure: The Committee discussed the draft censure policy at the August 8 meeting and asked the City Attorney to return with an updated policy that reflected the dialogue and also included links to any other communities that were reviewed as example censure policies. International Travel: The motion and action minutes from the April 26, 2023 Policy and Services Committee on this topic are as follows: ANALYSIS Attached are two draft policies for review by the Committee to recommend to the full City Council. Censure: The updated draft Censure Policy is included as Attachment A. Other examples referred to for this update are as follows: 1. Milpitas censure policy - https://www.milpitas.gov/DocumentCenter/View/196/Censure-Policy-PDF?bidId= 2. Oakland censure policy 2023 (begins on p. 24) - https://www.oaklandcityattorney.org/wp-content/city-council/89588%20CMS.pdf 3. San Jose censure policy - https://www.sanjoseca.gov/home/showpublisheddocument/12907/636670004976970 000 4. Santa Clara censure policy - https://www.santaclaraca.gov/home/showpublisheddocument/57775/6366207653881 00000 International Travel: The updated international and domestic travel policy related to Sister Cities, Sibling City, and other travel abroad is included as Attachment B. FISCAL/RESOURCE IMPACT The international travel policy could have a budget impact of up to $40,000 if that remains as part of the recommendation to the full City Council. This amount would be included as a budget item for the FY 2025 budget if approved by the full City Council. In the FY 2024 Adopted Budget, the City Council included a City Council Travel, Meetings, In- person Conferences, and Events budget of $35,000. The Adopted Budget also includes the City Council Contingency at an annual appropriation of $125,000. As currently discussed by the Policy and Services Committee, the proposed $40,000 would be in addition to these existing allocations in future fiscal years. However, the Committee could also update the recommendation to be budget neutral with a realignment of these appropriated funds in FY 2025. ATTACHMENTS Attachment A: Updated Censure Policy Draft Attachment B: Updated International Travel Policy Draft Draft: City Council Protocols and Procedures Handbook Section 8.2 Enforcement Draft Language for Review: City Council Procedures and Protocols Handbook New Section 8.3 Procedures for Enforcement SECTION 8 - PROCEDURES AND PROTOCOLS REVIEW AND ENFORCEMENT 8.1. Commit to Annual Review and Update of the Handbook of Important Procedural Issues Once each legislative year, the Policy and Services Committee shall initiate a review and update of the Procedures and Protocols Handbook, and may make recommendations to Council. Council will review the Procedures and Protocols Handbook and the recommendations of Policy and Services and approve updates as appropriate. The Council will not politicize these procedural issues. 8.2. Commitment to Follow the Procedures and Protocols Handbook Councilmembers have the primary responsibility to assure that these procedures and protocols are understood and followed, so that the public can continue to have full confidence in the integrity of government. As an expression of the standards of conduct expected by the Council for Councilmembers, the procedures and protocols are intended to be self-enforcing. They are most effective when members are thoroughly familiar with them and embrace their provisions. For this reason, Councilmembers entering office shall sign a statement affirming they have read and understood the Council procedures and protocols. In addition, the protocols shall be annually reviewed by the Policy and Services Committee and updated as necessary. 8.3 Procedures for Enforcement When a concern arises regarding another Councilmember’s conduct, the concerned Councilmember or members are encouraged, where possible, to raise and attempt to resolve the concern at the lowest possible level, such as through one-on-one direct conversations (consistent with the Brown Act) or through the Mayor. Under circumstances where Councilmembers believe that actions by another Councilmember are inconsistent with this Handbook and require formal review and potentially action, a public discussion and potential disciplinary action are available steps for review and enforcement. The following enforcement procedures are intended for serious or ongoing concerns that are not amenable to resolution through informal means. (a) Purpose. This policy provides the mechanism by which the City Council may adopt a resolution of censure or take other disciplinary action expressing the Council's disapproval of the conduct of a Council member if the Council finds, subject to the procedures set forth herein, that a Council member's conduct violates federal, state or local law, this Handbook, or any other document adopted by the Council. Draft: City Council Protocols and Procedures Handbook Section 8.2 Enforcement (b) Definitions. This section refers to the following types of disciplinary actions: (1) Admonition. An admonition is a warning or reminder. Council may direct an admonition to any or all members of the City Council, reminding them that a particular type of behavior is in violation of law or City policy, and that if it occurs or recurs, could make a member subject to a reprimand or censure. An admonition may be issued by the City Council prior to a formal investigation or any findings of fact regarding allegations. An admonition does not necessarily require an investigation or separate hearings to determine whether an allegation is true. In general, however, Council will provide its members with an opportunity to respond to before taking any action, including issuing an admonition. (2) Informal Reprimand and Direction to Correct. An informal reprimand is a reprimand directed to a Councilmember or members based on a particular action or set of actions that the Council determines violates law or City policy but is considered to be not sufficiently serious to require formal censure. The Council may include direction to the subject Councilmember or members to correct the result of the particular behavior that violated law or City policy. (3) Resolution of Censure. Censure is a formal statement of disapproval expressed through a resolution. Censure is the strongest sanction available to Council, and is typically reserved for serious or recurring conduct, such as conduct that has substantially disrupted Council’s work, brought approbation on the City, or damaged public trust in City government. A resolution of censure may include the imposition of sanctions against the Councilm ember, as allowed by law. Such sanctions may include removal from a committee or restrictions on City-related travel privileges. (c) Procedures. The following procedures are intended to guide Council to reach accurate and appropriate conclusions in an expeditious manner, while providing fairness and transparency for all Councilmembers and the public. Council will endeavor to adhere to these procedures, except where extraordinary circumstances require alternative steps be taken. In all cases, an opportunity to be heard will be afforded to any Councilmember who may be subject to discipline. (4)(1) Should two or more Councilmembers believe that actions by a Councilmember are inconsistent with federal, state or local law, this Handbook, or any other document adopted by the Council, those Councilmembers may use a Colleagues Memo to schedule public discussion of the matter at an upcoming City Council meeting. A Colleagues Memo may initiate a discussion of Councilmember conduct and Council expectations, may propose that Council protocols be clarified or a new protocol be included in this Handbook, or may propose initiation of disciplinary action. Proposed disciplinary actions may include admonition, informal reprimand, direction to correct, or censure. Draft: City Council Protocols and Procedures Handbook Section 8.2 Enforcement (5)(2) If a Colleagues Memo proposes censure or other discipline of a Councilmember, the Memo must contain the specific charges on which the proposed discipline is based. Completed Council Colleagues Memos shall be provided to the City Clerk’s staff by noon on the Thursday 11 days prior to the Council meeting that the memo is intended to be agendized, to provide time for the City Clerk to process for the Council packet. The City Clerk will deliver provide a copy of the Colleagues Memo to the Councilmember who is the subject of the memo no later than the Thursday 11 days prior to the meeting at which the memo is agendized. (6)(3) The Councilmember who is the subject of the proposed disciplinary action may address the matter in writing or at the Council meeting or both. If the Councilmember submits written materials, those must be published in a supplemental packet, no later than 72 hours before the meeting. (7)(4) During the Council meeting at which the Colleagues Memo is agendized, the Council will decide, by majority vote, whether: (i) A formal disciplinary hearing should be agendized for a future City Council meeting; (ii) Further investigation of the allegations is required; (iii) Further investigation is not warranted and an admonition should be issued; (iv) Council’s procedures and protocols should be clarified or a new procedure or protocol should be introduced; or (v) No further action is necessary. (8)(5) If the Council determines that further investigation is required, the Mayor (or the Vice Mayor if the Mayor is the subject of the proposed disciplinary action) may designate an ad hoc committee to conduct the investigation. The Council or the ad hoc committee may select an independent investigator to assist in conducting the investigation. The independent investigator would be managed by the ad hoc committee or other individual official designated by Council to conduct the investigation. The Committee ad hoc committee shall conduct anreview the findings of the investigation and arrive at a recommendation regarding the request and report its conclusions, findings and a summary of its proceedings to the Council at its earliest opportunity. to Council. The ad hoc committee should proceed as promptly as reasonably possible. (9)(6) Upon receipt of the report of the ad hoc committee, the City Clerk shall place the matter on the Council's next agenda in order for the Council to receive the committee report and determine whether a censure hearing is warrantedappropriate next steps. If the Council decides to set the matter for censure hearing, it shall schedule the hearing as soon as possible but no sooner than three weeks after its determination to hear the matter. Council shall give due consideration to requests from the subject Councilmember for additional time to prepare. The Council shall not schedule the matter during any previously Draft: City Council Protocols and Procedures Handbook Section 8.2 Enforcement scheduled excused absence of the subject Councilmember. (10)(7) The Mayor (or the Vice Mayor if the Mayor is the subject of the proposed disciplinary action) will designate a Councilmember responsible for preparing and submitting to the City Clerk a censure resolution and supporting materials. Final materials shall be submitted to the Clerk by noon on the Thursday 11 days prior to the Council meeting that the hearing is intended to be agendized, to provide time for the City Clerk to process the materials for the Council packet. The Councilmember assigned to prepare the materials will submit the draft resolution and supporting materials to the City Attorney’s Office no later than the Thursday 18 days before the hearing, to give the City Attorney’s Office adequate time to review the materials before publication. The City Clerk shall deliver written notice of the hearing , along with the report, proposed resolution, and supporting materials, to the Councilmember subject to the censure by close of business on the Thursday 11 days prior to the Council meeting for which the hearing is agendized. (11)(8) The Councilmember who is the subject of the proposed disciplinary action may address the matter in writing or at the hearing or both. If the Councilmember submits written materials, those must be submitted in time to be published in a supplemental packet no later than 72 hours before the hearing. (12)(9) At the disciplinary hearing, the Councilmember who is the subject of the request for disciplinary action shall have the opportunity to rebut the allegations in the censure resolution and to question any known accusers if they agree to be questioned. The member subject to the charges may be represented and may have the representative speak or ask questions on their behalf. The questioning or cross- questioning of witness may be reasonably limited by the Mayor (or Vice Mayor if the Mayor is the subject of the proposed disciplinary action). Testimony shall be taken only from witnesses having direct knowledge of facts or circumstances relevant to the specific charges under consideration. However, the rules of evidence and judicial procedure applicable in courts of law shall not be apply to this hearing, and the procedures shall be generally informal. (b)(d) Disciplinary Action. If, at the close of the hearing, a majority of the City Council finds by a two-thirds vote that the subject member's conduct violates federal, state or local law, this Handbook, or any other document adopted by the Council , the Council may take one or more of the following actions: (1) Issue an Admonition. An admonition may be directed to any or all members of the City Council, reminding them that a particular type of behavior is in violation of law or City policy. (2) Issue an Informal Reprimand with possible Direction to Correct. An informal reprimand may be issued to a Councilmember or members based on a particular action or set of actions that the Council determines violates law or City policy but is considered to be not sufficiently serious to require formal censure. The Council may include direction to the subject Councilmember or members to correct the result of the particular behavior that violated law or City policy. Draft: City Council Protocols and Procedures Handbook Section 8.2 Enforcement (2) Informal Reprimand. The reprimand should be directed to the subject member of the City Council based on a particular action (or set of actions) that is determined to be in violation of law or City policy, but is considered by the Council to be not sufficiently serious to require formal censure. (3) Adopt a Formal Resolution of Censure, with or without additional sanctions. The City Council may, by a majority vote, adopt a resolution of censure based on clear and convincing facts supporting the allegations of misconduct giving rise to the censure. A resolution of censure may include the imposition of sanctions against the Councilmember as a majority of the City Council deems appropriate, as allowed by law. Such sanctions may include removal from a committee and restrictions on City-related travel privileges. Draft International Travel Policy for Protocols Section 4.3: (Draft for Policy and Services Committee Discussion at October Committee Meeting) For context, here is the existing language about Council member and Board/Commission travel. There is reference to the citywide travel policy and then the paragraph below with items unique to the City Council, Boards, and Commissions. Existing language in Protocols Section 4.3: 4.3 Council and Boards and Commission Travel Policy Council member travel expenses and reimbursements will adhere to the Citywide Travel Arrangements and Expense Reimbursement Policy (Administrative Policy 1-02/ASD) This policy is set by the City Council and applies to Council members and to Board and Commissions members. In reimbursing travel and miscellaneous expenses, a municipal purpose requiring the expenditure of public funds must be in evidence; also, in accordance with the Charter and Municipal Code, such expenditures must be from authorized appropriations. Council members are limited to six (6) times per year for travel reimbursements, subject to budget availability. Council member travel will be approved by the Mayor. The additional language proposed based on Policy and Services Committee prior discussion on international travel would be the following (highlighted text are the clauses previously recommended by Policy and Services Committee in April 2023): Travel Related to Sister Cities, Sibling City, or shared interests with another city abroad Given the City’s relationship with many Sister Cities and a Sibling City, there may be a need to send a Palo Alto delegation to another city abroad or within the United States related to Sister Cities, Sibling City, or shared interests between Palo Alto and another city abroad. The following will apply when a Council member travels abroad or domestically on behalf of the City as part of Sister City, Sibling City, or shared interests efforts. Note, such a trip would count towards the six (6) total tips cap described above. The proposed travel must include an approved Pre-Travel Authorization Request for travel that explains how the travel will advance the City's interests or policy/Council objectives and a consideration of cost/value relationship of the trip. The request should also explain why virtual attendance is not effective in that circumstance. The Council will be reasonable for ensuring that visits to any one city will be reasonably spaced apart. The Pre-Travel Authorization Request will be approved by the Mayor. If the Mayor is the requested traveler, the request will be approved by _______________. Funding Annually, the total amount the City Council will budget for international and domestic travel related to Sister Cities, Sibling City, or shared interests between Palo Alto and another city abroad will be capped at $40,000. This funding will be distributed equitably amongst Council Members who meet the guidelines above and express an interest to travel.