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HomeMy WebLinkAboutStaff Report 263-05Attachment 1 DRAFT REVISED POLICY AND PROCEDURE FOR CITY COUNCIL. E MAILS FOR AGENDA-RELATED ITEMS Policy The Council-adopted protocols provide a framework for the policy on email communications between Council Members and staff on agenda-related items, including the following: • In order to facilitate open government, all Council Members should make decisions with the same information from staff on agendized or soon-to-be agendized items (i.e. items on the tentative agenda or in a Council Committee). • Submit questions on Council agenda items ahead of the meeting. In order to focus the Council meetings on consideration of policy issues and to maintain an open forum for public discussion, questions which focus on the policy aspects of agenda items should be discussed at the Council meeting rather than in on-on-one communications with staff prior to the meetings. Any clarifications or technical questions that can be readily answered can be handled before the meeting. Council Members are encouraged to submit their questions on agenda items to the appropriate Council Appointed Officer or Assistant City Manager as far in advance of the meeting as possible so that staff can be prepared to respond at the Council meeting. In its settlement agreement with the San Jose Mercury News of February 2003, the City Council agreed to consider a policy under which the Council would waive any deliberative or other privilege, other than attorney-client privilege, that it might assert with regards to emails onagendized items. This policy and procedure implements that agreement. The Council, in adopting this policy, does not waive attorney-client- privilege or any other privilege associated with a closed session authorized under the Brown Act. Procedure • Council Members shpuld direct any questions on City Manager Reports (CMRs) to the Assistant City Manager. Questions on reports from the City Auditor, City Attorney or City Clerk should be directed to the appropriate Council Appointed Officer. Council Members should not direct any questions on agenda items to other members of the City Manager's staff or the staff of the other Council Appointed Officers. • Council Members will submit questions on agenda items no later than 9 a.m. on the -Monday of the Council meeting at which the item will be discussed. Any questions received after that time may be responded to via email or, alternatively, will be responded to at the Council meeting. • Staff will not engage in "dialogues" with individual Council Members regarding questions, i.e. follow-up questions to initial questions will be responded to at the Council meeting. • Staff will only respond prior to the Council meeting via email on issues on the Consent Calendar~ Questions which address the policy aspects of the item on the Council agenda will not be responded to prior to the mvetingo; , although staff welcomes such questions in advance of the meeting in order to preparefor the Council and public discussion. • If the staff will be responding to a Council Member's Consent Calendar question at the meeting rather than responding the questions via e mail, staff will inform the Council Member as early as possible after receipt of the question(s). • Questions and all staff-prepared responses will be forwarded to all Council Members as well as put up on the special web page created for public review of Council agenda questions and staff responses. No attribution vAll be made as to.the Council Member generating a particular question. Staffwill include the name of the Council Member posing the questions in the "subject" field of the email response. • Written copies of all Council Member agenda questions and staff responses will be at Council places at the meeting; additional copies will be made available in the Council chambers for members of the public. goal should be acknowledged even as Council may "agree to disagree" on contentious issues. In Public Meetings • Use formal titles. The Council should 'refer to one another formally during Council meetings as Mayor, Vice Mayor or Council Member followed by the individual's last name. • Practice civility and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. Be respectful of diverse opinions. • Honor the role of the presiding officer in maintaining order and equity. Respect the Chair's efforts to focus discussion on current agenda items. Objections to the Chair's actions should be voiced politely and with reason, following the parliamentary procedures outlined in the City Council Procedural Rules. • Demonstrate effective problem-solving approaches. Council Members have a public stage to show how individuals with disparate points of view can fin~ common ground and seek a compromise that benefits the community as a whole. Council Members are role models for residents, business people and other stakeholders involved in public debate. • Be respectful of other people's time. Stay focused and act efficiently during public meetings. In Private Encounters • Treat others as you would like to be treated. Ask yourself how you would like to be treated in similar circumstances, and then treat the other person that way. Council Conduct with City Staff The key provisions on Council-staff relations found in section 2.04.170 of the Palo Alto Municipal Code: "Neither the council nor any of its committees or members shall direct, request or attempt to influence, either directly or indirectly, the appointment of any person to office or employment by the city manager or in any manner interfere with the city manager or prevent the city manager from exercising individual judgment in the appointment of officers and employees in the administrative service. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the city manager, and neither the council nor any member thereof shall give orders to any of the subordinates of the city manager, either publicly or privately. 11 2 • Respect the "one hour" rule for staff work. Requests for staff support should be made to the appropriate senior staff member, according to the protocol for channeling communications. Any request, which would require more than one hour of staff time to research a problem or prepare a response, will need to be approved by the full council to ensure that staff resources are allocated in accordance with overall council priorities. Once notified that a request for information or staff support would require more than one hour, the Council Member may request that the City Manager place the request pn an upcoming Council agenda. • Depend upon the staff to respond to citizen concerns and complaints. It is the role of Council Members to pass on concerns and complaints on behalf of their constituents. It is not, however, appropriate to pressure staff to solve a problem in a particular way. Refer citizen complaints to the appropriate senior staff member, according to the protocol on channeling communications. The senior staff member should respond according to the Policy and Procedure for Responding to Customer Complaints. Senior staff is responsible for making sure the Council Member knows how the complaint was resolved. • Do not solicit political support from staff. The City Charter states that "Neither the city manager or any other person in the employ of the city shall take part in securing or shall contribute any money toward the nomination or election of any candidate for a municipal office." In addition, some professionals (e.g., City Manager and the Assistant City Manager) have professional codes of ethics, which preclude politically partisan activities or activities that give the appearance of political partisanship. Council Conduct With Palo Alto Boards and Commissions The City has established several Boards and Commissions as a means of gathering more community input. Citizens who serve on Boards and Commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City's leadership and should be treated with appreciation and respect. Council Members serve as liaisons to Boards and Commissions, according to appointments made by the Mayor, and in this role are expected to represent the full Council in providing guidance on Council processes or actions to the Board or Commission. Refrain from speaking for the full Council on matters for which the full council has not yet taken a policy position. In other instances, Council Members may attend Board or Commission meetings as individuals, and should follow these protocols: • If attending a Board or Commission meeting. identify your comments as personal views or opinions. Council Members may attend any Board or Commission meeting, which are always open to any member of the public. Any public comments by a Council Member at a Board or Commission meeting, when that Council Member is not the liaison to the Board or Commission, should be clearly made as individual opinion and not a representation of the feelings of the entire City Council. 4 Staff is expected to provide its best professional recommendations on issues. Staff should not try to determine Council support for particular positions or recommendations in order to craft recommendations. The Council must be able to depend upon the staff to make,independent recommendations. Staff should provide information about alternatives to staff recommendations as appropriate, as well as pros and cons for staff recommendations and alternatives • Demonstrate professionalism and non-partisanship in all interactions with the community and in public meetings • It is important for the staff to demonstrate respect for the Council at all times. All Council Members should be tr.eated equally. ELECTRONIC MAIL COMMUNICATIONS As society evolves in an increasingly electronic world, we need to have a reliable system to record and make public all email communications and responses to and from Council Members. Staff commits to working to create and implement such a system. OTHER PROCEDURAL ISSUES • Commit to annual review of important procedural issues. At the beginning of each legislative year, the Council will hold a special meeting to review the Council protocols, adopted procedures for meetings, the Brown Act, conflict of interest, and other important procedural issues. • Don't politicize procedural issues (e.g. minutes approval or agenda order) for strategic purposes. • Submit questions on Council agenda items ahead of the meeting. In order to focus the Council meetings on consideration of policy issues and to maintain an open forum for public discussion, questions which focus on the policy aspects of agenda items should be discussed at the Council meeting rather than in one-on-one communications with staff prior to the meetings. Any clarifications or technical questions that can be readily answered can be handled before the meeting. Council Members are encouraged to submit their questions on agenda items to the appropriate Council Appointed Officer or Assistant City Manager as far in advance of the meeting as possible so that staff can be prepared to respond at the Council meeting. • Respect the work of the Council standing committees. The purpose of the Council standing committees is to provide focused, in-depth discussion of issues. Council should respect the work of the committees and re-commit to its policy of keeping unanimous votes of the committees on the consent calendar. • The Mayor and Vice Mayor should work with staff to plan the Council meetings. 6 The citizens, businesses and organizations of the City are entitled to have fair, ethical and accountable local government, which has earned the public's full confidence for integrity. To this end, the City Council has adopted Council Protocols and this Code of Ethics for members of the City Council to assure public confidence in the integrity of local government and its effective and fair operation.' Comply with Law Members shall comply with the laws of the nation, the State of California and the City in the performance of their public duties. These laws include but are not limited to: the United States and California constitutions, the city Charter, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities and open processes of governments and City ordinances and policies. Conduct of Members , The professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the Council, boards and commissions, the staff or the public. Respect for Process Members shall perform their duties in accordance with the processes and rules of order established by the City Council governing the deliberation of public policy issues, meaningful involvement of the public and implementation of policy decisions of the City Council by City staff. Decisions Based on Merit Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. Conflict of Interest In order to assure their independence and impartiality on behalf of the common good, , members shall not use their official positions to influence decisions in which they have a material financial interest or where they have an organizational responsibility or personal relationship, which may give the appearance of a conflict of interest. Gifts and Favors Members commit to follow the laws that apply to accepting any gifts or favors as a public official. Confidential Information Members shall respect the confidentiality of information con~erning 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 interests. Use of Public Resources Members shall not use public resources, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes. 8