HomeMy WebLinkAbout2003-02-05 City CouncilC ty of PaSo A to
C ty Mar ager s Report
TO:HONORABLE CITY COUNCIL
ATTENTION: POLICY AND SERVICES COMMITTEE
FROM: CITY MANAGER DEPARTMENT: CITY MANAGER’S OFFICE
DATE:
SUBJECT:
FEBRUARY 5, 2003 CMR: 147:03
SUGGESTED ADDITIONAL COUNCIL PROTOCOLS
DISCUSSION
Attached is the latest version of the proposed Council protocols.
At the November 26, 2002 Policy and Services Committee meeting, Council Member
Freeman requested that the Committee consider additional protocols for. staff conduct
with the City Council. The Committee asked staff to work with Council Member
Freeman on proposed protocols.
The following protocols are offered for the Committee’s consideration in making its
recommendation to the City Council. These protocols could be incorporated into the
current section on Council Conduct with City Staff, or a new section could be created:
Staff Conduct with Ci,~ Council
Respond to Council questions fully and as expeditiously as is practical
The protocol for staff time devoted to research and response is in application here. If
a Council Member forwards a complaint or service request to a department head or a
Council Appointed Officer, there will be fo!low-through with the Council Member as
to the outcome.
Respect the role of Council Members as policy makers for the City
Staff is expected to provide its best professional reconamendations on issues. It is not
the role of staff to try to determine Council support for particular positions or
reconamendations in order to craft recommendations. The Council must be able to
depend upon the staff to make unbiased reconamendations. Staff should provide
information about alternatives to staff recommendations as appropriate, as well as
pros and cons for staff reconamendations and alternatives
CMR:147:03 Page 1 of 2
Demonstrate professionalism and non-partisanship in all interactions with the
community and in public meetings
It is important for the sta.ffto demonstrate respect for the Council at all times.
Council Members should be treated equally.
All
Prepared by:
Emil Harrison, Assistant City Manager
City Manager Approval:
Fra~ Benest, City Manager
ATTACHMENT A: City of Palo Alto Proposed Council Protocols
CMR: 147:03 Page 2 of 2
ATTACHMENT A
CITY OF PALO ALTO
PROPOSED COUNCIL PROTOCOLS
All Council Members
All members of the City Council, including those serving as Mayor and Vice
Mayor, have equal votes. No Council Member has more power than any other
Council Member, and all should be treated with equal respect.
All Counci! Members should:
e Demonstrate honesty and integrity in every action and statement
e Serve as a model of leadership and civility to the community
*Inspire public confidence in Palo Alto government
*Work for the common good, not personal interest
Prepare in advance of Council meetings and be familiar with issues on the
agenda
Fully participate in City Council meetings and other public forums while
demonstrating respect, kindness, consideration, and courtesy to others
Participate in scheduled activities to increase Council effectiveness
Review Council procedures, such as these Council Protocols, at least
annually
Represent the City at ceremonial functions at the request of the Mayor
Be responsible for the highest standards of respect, civility and honesty in
ensuring the effective maintenance of intergovernmental relations
o Respect the proper roles of elected officials and City staff in ensuring open
and effective government
,Provide contact information to the City Clerk in case an emergency or
urgent situation arises while the Council Member is out of town
Council Conduct with One Another
Councils are composed of individuals with a wide variety of backgrounds,
personalities, values, opinions, and goals. Despite this diversity, all have chosen to
serve in public office in order to improve the quality of life in the community. In
all cases, this common goal should be acknowledged even as Council may "agree
to disagree" on contentious issues.
In Public Meetings
o Use formal titles.
The Council should refer to one another formally during public meetings as
Mayor, Vice Mayor or Council Member followed by the individual’s last name.
o 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. Do not use body language or other non-verbal
methods of expressing disagreement or disgust. Other forms of non-civil
disagreement could include personal, abusive, disparaging or angry comments,
name-calling or labeling.
~ 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 find 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.
e Be respectful of other people’s time.
Stay focused and act efficiently during public meetings, but refrain from public
criticism of colleagues who are less so.
In Private Encounters
Treat others as you would like to be treated.
Ask yourself how you would like to be treated in similar circumstances, th£n 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 appoinonent of a~zy 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 ju@nent in the
appoinonent of officers and employees in the administrative service. Except for the
purpose of inquby, the cou~cil and its members shall d~al with the administrative
service solely through the city manage~; and ~wither the comzcil ~zor any member
thereof shall give orders to any of the subordinates of the city manage~; either
publicly or privately."
Governance of a City relies on the cooperative efforts of elected officials, who set
policy, and City staff, who analyze problems and issues, make recommendations,
and implement and administer the Council’s policies. Therefore, every effort
should be made to be cooperative and show mutual respect for the contributions
made by each individual for the good of the community.
, Treat all staff as professionals.
Clear, honest communication that respects the abilities, experience, and dignity of
each individual is expected. As with your Council colleagues, practice civility and
decorum in all interactions with City staff.
~ Channel communications through the appropriate senior City staff.
Questions of City staff should be directed onlx to the City Manager, Assistant City
Manager, City Attorney, City Clerk, Assistant City Clerk, City Auditor, Senior
Assistant City Attorneys, or Department Heads. The Office of the City Manager
should be copied on any request to Department Heads. Council Members should
not set up meetings with department staff directly, but work through Department
Heads, who will attend any meetings with Council Members. When in doubt
about what staff contact is appropriate, Council Members should ask the City
Manager for direction. However, nothing in these protocols is intended to hinder
the access Council-appointed liaisons (e.g. to the San Francisquito JPA or NCPA)
may require in order to fulfill their unique responsibilities.
All Council Members should have the same information with which to
make decisions.
Substantive materials and information supplied to a Council Member in response
to a request will be made available to all members of the Council so that all have
equal access to information. This is especially important for items that have been
agendized for Council review or which could reasonably be expected to come
before the Council for a vote.
®Never publicly criticize an individual employee, including Council-
Appointed Officers.
Council should never mock, degrade or express concerns about the performance of
a City employee in public, to the employee directly, or to the employee’s manager.
Comments about staff performance should only be made to the City Manager
through private correspondence or conversation. Comments about staff in the
office of the City Attorney, City Auditor or City Clerk should be made directly to
these CAOs. At Council meetings, do not use body language or other non-verbal
methods of expressing disagreement or disgust. Other forms of non-civil
disagreement could include personal, abusive, disparaging or angTy comments,
name-calling or labeling.
Do not get involved in administrative functions.
Avoid any staff interactions which may be construed as trying to shape staff
recommendations or policy development. Council Members must not attempt to
influence City staff on the making of appointments, awarding of contracts,
selecting of consultants, processing of development applications, or granting of
City licenses and permits.
Be cautious in representing City positions on issues.
Before sending correspondence related to a legislative position, check with City
staff to see if a position has already been detern~ined. When corresponding with
representatives of other governments or constituents, remember to indicate if
appropriate that the views you state are your own and may not represent those of
the full Council.
Do not attend staff meetings unless requested by staff.
Even if the Council Member does not say anything, the Council Member’s
presence may imply support, show partiality, intimidate staff, or hampers staff’s
ability to do its job objectively.
Respect the "one hour" rule for staff work.
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Requests for staff support should be made to the appropriate senior staff
member, according to the protocol for channeling communications. +~’~,~ ~;+",_,-j
¯ 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 on an
upcoming Council agenda.
e 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. C-#y
up "-~;÷~ ...... ,4.,+~ o+o~ The senior staff member
should respond to
according to the Policy and Procedure for Responding to
Customer Complaints, Senior staff is responsible for ma~ng sure the
Council Member knows how the complaint was resolved, and it
e 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 of ~taff (e.g., City Manager and the Assistant City Manager)
have professiona! codes of ethics, which preclude politically partisan activities or
activities that give the appearance of political partisanship.
Council Conduct With 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 to the Board or
Commission. In other instances, Council Members may attend Board or
Commission meetings as individuals, and should follow these protocols:
o 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.
o Limit contact with Board and Commission members to questions of
clarification.
It is inappropriate for a Council Member to contact a Board or Commission
member to lobby on behalf of an individual, business, or developer, or to advocate
a particular policy perspective. It is acceptable for Council Members to contact
Board or Commission members in order to clarify a position taken by the Board or
Commission.
.Remember that Boards and Commissions are advisory to the Council as a
whole, not individual Council Members.
The City Council appoints individuals to serve on Boards and Commissions, and it
is the responsibility of Boards and Commissions to follow policy established by
the Council. Council Members should not feel they have the power or right to
threaten Board and Commission members v:it~ remc, va! in any way if they
disagree about an issue. ^ ....~-~÷~,~-,÷ ~-~ ......;~-~ tc ~~ ..................-,~ ............a Board ~
staff and +u .... ~;~ ~ .... :~ ~ ~,~m~;~, ~;~ ~-+;~ A Board or
Co~ission appointment should not be used as a political "reward."
Concerns about an individual Board or Commission member should be
pursued with tact.
If a Council Member-has a concern with the effectiveness of a particular
Board or Commission member and is comfortable in talking with that
individual privately, the Council Member should do so. Alternatively, or if
the problem is not resolved, the Council Member should consult with the
Mayor, who can bring the issue to the Council as appropriate.
. Be respectful of diverse opinions.
A primary role of Boards and Commissions is to represent many points of view in
the community and to provide the Council with advice based on a full spectrum of
concerns and perspectives. Council Members may have a closer working
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relationship with some individuals serving on Boards and Commissions, but must
be fair to and respectful of all citizens serving on Boards and Commissions.
Keep political support away from public forums.
Board and Commission members may offer political support to a Council
Member, but not in a public forum while conducting official duties. Conversely,
Council Members may support Board and Commission members who are running
for office, but not in an official forum in their capacity as a Council Member.
o Maintain an active liaison relationship.
Appointed Council liaisons are encouraged to attend all regularly scheduled
meetings of their assigned Board or Commission, or to arrange for an
alternate.
ELECTRONIC MAIL COMMUNICATIONS
As society evolves in an increasingly electronic world, we need to have a reliable
system to record and make public all e mail communications and responses to and
from Council Members. Staff commits to working to create and implement such a
system.
OTHER PROCEDURAL ISSUES
o Commit to annual review of important procedural issues the Ccunci!
At the beginning of each legislative year, the Council will hold a special meeting
to review the Council protocols, as .......... ado ed procedures for meetings,
the Brmvn Act, conflict of interest, and other important procedural issues.
Don’t politicize procedural issues (e.g. minutes approval or agenda order)
for strategic purposes.
e 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 about 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 which can be readily answered can be handled
before the meeting. Council Members are encouraged to submit their questions
on agenda items to the Citb~~,~,~l,~’~ ........ ,~ 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.
o 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 conmaittees on the consent
calendar.
The Mayor and Vice Mayor should work with staff to plan the Council
meeting~_.
There are three purposes to the pre-Council planning meeting: 1) to plan how the
meeting will be conducted; 2) to identify for staff any issues and questions that
they should be prepared to respond to at the meeting; and 3) to discuss future
meetings. The purpose of the meeting is not to work on policy issues. Only the
Mayor and Vice Mayor should attend the pre-Council meetings with the City
Manager and other CAO’s.
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