HomeMy WebLinkAbout2003-09-09 City CouncilCity of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
ATTN:POLICY AND SERVICES COMMITTEE
FROM: CITY MANAGER
DATE: SEPTEMBER 9, 2003
DEPARTMENT: City Manager’s Office
CMR:401:03
SUBJECT: CODE OF ETHICS ADDENDUM TO CITY COUNCIL
PROTOCOLS
RECOMMENDATION
Staff recommends that the Policy and Services Committee recommend to the City
Council that the Ethics Addendum be added to the City Council Protocols.
BACKGROUND
At its May 2003 meeting the Council referred to the Policy and Services
Committee consideration of the inclusion of the League of California Cities (LCC)
Model Code of Ethics into the City Council Protocols. The Committee asked the
staff to review the LCC Model Code of Ethics and, removing any duplication,
prepare an addendum to the Protocols.,
DISCUSSION
At its July 15 meeting, the Committee reviewed the addendum to the Protocols,
based on the LCC Model Code of Ethics. The Committee asked that staff provide
a "strikeout" version of how the original LCC Model Code of Ethics was revised
to avoid duplication with the Protocols. Attachment 1 is the proposed Addendum
to the Council Protocols. Attachment 2 is Council Protocols. Attachment 3 is the
"strikeout" version of the original LCC Model Code of Ethics, with references to
the Council Protocols; Attachment 4 is the Council Protocols, with references
where the overlaps were identified between the Protocols and the LCC Model
Code of Ethics.
CMR:401:03 Page 1 of 2
PREPARED BY: --
Assistant City Manager
CITY MANAGER APPROVAL’~Fr~~Benest, City Manager
Attachment 1: Proposed Ethics Addendum to Council Protocols
Attachment 2: Council Protocols
Attachment 3: "Strikeout" version, League of California Cities Model Code of
Ethics, with reference to City Council Protocols
Attachment 4: City Council Protocols, with reference to LCC Model Code of
Ethics
CMR:401:03 Page 2 of 2
ATTACHMENT 1
The citizens, business~-~
ethical and accountable
confidence for integrity.
and organizations of the City are entitled to have fair,
local government, which has earned the public’s full
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.
In accordance with the law, members shall disclose investments, interests in real
property, sources of income, and gifts, and they shall abstain from participating in
deliberations and decision-making where conflicts may exist.
Gifts and Favors
Members 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 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.
Confidential Information
Members shall respect the confidentiality if 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 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.
Representation of Private Interests
In keeping with their role as stewards of the public interest, members of Council shall not
appear on behalf of the private interests of third parties before the Council or any other
board, commission or proceeding of the City, nor shall members of boards and
commissions appear before their own bodies or before the Council on behalf of the
private interests of third parties on matters related to the areas of service of their bodies.
Advocacy
Members shall represent the official policies or positions of the City Council, board or
commission to the best of their ability when designated as delegates for this purpose.
When presenting their individual opinions and positions, members shall explicitly state
they do not represent their body or the City, nor will they allow the inference that they
do.
Positive Work Place Environment
Members shall support the maintenance of a positive and constructive work place
environment for City employees and for citizens and businesses dealing with the City.
Members shall recognize their special role in dealings with City employees to in no way
create the perception of inappropriate direction to staff.
ATTACHMENT 2 ;
Note: The original text is the League of California Cities Model Code of Ethics.
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.
............ ~ ............, ........., ...,~ ....Xhat:
To this end, the City Council has adopted Council Protocols and this a Code of Ethics
for members of the City Council o~n ..4, ,~.. ,~,..,o ~...no ...n ....~.o:.~........... .r .......................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.
(Covered in Council Protocols)
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.
In accordance with the law, members shall disclose investments, interests in real
property, sources of income, and gifts, and they shall abstain from participating in
deliberations and decision-making where conflicts may exist.
Gifts and Favors
Members 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 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.
Confidential Information
Members 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,
fmancial 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.
Representation of Private Interests
In keeping with their role as stewards of the public interest, members of Council shall not
appear on behalf of the private interests of third parties before the Council or any other
board, commission or proceeding of the City, nor shall members of boards and
commissions appear before their own bodieg or before the Council on behalf of the
private interests of third parties on matters related to the areas of service of their bodies.
Advocacy
Members shall represent the official policies or positions of the City Council, board or
commission to the best of their ability when designated as delegates for this purpose.
When presenting their individual opinions and positions, members shall explicitly state
they do not represent their body or the City, nor will they allow the inference that they
do.
(Covered in Council Protocols)
Positive Work Place Environment
Members shall support the maintenance of a positive and. constructive work place
environment for City employees and for citizens and businesses dealing with the City.
Members shall recognize their special role in dealings with City employees to in no way
create the perception of inappropriate direction to staff.
in Council Protocols)
CITY OF PALO ALTO
COUNCIL PROTOCOLS
ATTACHMENT 3
All Council Members
All members of the City Council, including those serving as Mayor and Vice
Mayor, have equal v--::~tes. No Council Member has more power than any other
Council Member, and all should be treated with equal respect.
All Council Members should:
OD ¯Demonstrate honesty and integrity in every action and statement
Q) ¯Serve as a model of leadership and civility to the community
Q) ¯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
~ ¯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
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 equi _ty.
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 fmd 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.
2
Council Conduct with City Staff
The key provisions on Council-staffrelations 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."
Governanceof a City relies on the cooperative efforts of elected officials, who set
policy, and City staff, which 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 ~ 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.
¯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).
¯Never publicly criticize an individual employee, including Council-
Appointed Officers. Criticism is differentiated from questioning facts or
the opinion of staff.
All critical 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 through private correspondence or conversation:
¯Do not get involved in administrative functions.
Avoid any staff interactions that may be construed as trying to shape staff
recommendations. Council Members shall refrain from coercing staff in making
recommendations to the Council as a whole.
¯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 determined. 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.
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 on an
upcoming Council agenda.
¯Depend upon the staffto 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
4
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 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:
¯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.
¯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 in any way if they disagree about an
issue. A Board or Commission appointment should not be used as a political
"reward."
¯Concems 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
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.
¯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.
Staff Conduct with City Council
¯ Respond to Council questions as 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 follow-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 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 treated 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 e mail 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
7
one-on-one communications with staffprior 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 staffto plan the Council
meetings.
There are three purposes to the pre-Council planning meeting: 1) to plan how the
meeting will be conducted; 2) to identify any issues or questions that may need
greater staff preparation for the meeting; and 3) to discuss future meetings. The
purpose of the meeting is not to work on policy issues. Normally, only the Mayor
and Vice Mayor are expected to attend the pre-Council meetings with the City
Manager and other CAOs.
ENFORCEMENT
Council Members have the primary responsibility to assure that these
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 City for Council Members, the
protocols are intended to be self-enforcing. They therefore become most
effective when members are thoroughly familiar with them and embrace their
provisions. For this reason, Council Members entering office shall sign a
statement affirming they have read and understood the Council protocols. In
addition, the protocols shall be annually reviewed by the Policy and Services
Committee and updated as necessary.
CITY OF PALO ALTO
COUNCIL PROTOCOLS
ATTACHMENT 4
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 Council Members should:
¯Demonstrate honesty and integrity in every action and statement
¯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 intergovemmental relations
¯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
¯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 civili _ty 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 equi _~.
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
po’hnts of view can fred corranon 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.
2
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. "
Governance of a City relies on the cooperative efforts of elected officials, who set
policy, and City staff, which 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 ~ 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.
¯In order to facilitate open governments all Council Members should
make decisions with the same information from staff on a~endi,zed or
3
soon-to-be agendized items (i.e. items on the tentative agenda or in a
Council Committee).
¯Never publicly criticize an individual employee, including Council-
Appointed Officers. Criticism is differentiated from questioning facts or
the opinion of staff.
All critical 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 through private correspondence or conversation:
¯Do not get involved in administrative functions.
Avoid any staff interactions that may be construed as trying to shape staff
recommendations. Council Members shall refrain from coercing staff in making
recommendations to the Council as a whole.
¯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 determined. 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.
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 on an
upcoming Council agenda.
¯Depend upon the staffto 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
4
staff member, according to the i: ~ocol on channeling communications. The
senior staff member should resp-~d according to the Policy and Procedure for
Responding to Customer Compi~,mats. 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 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:
¯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.
¯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.
5
¯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 in any way if they disagree about an
issue. A Board or Commission appointment should not be used as a political
"reward."
¯Concems about an individual Board or Commission member should be
pursued with tact.
Ifa 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
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.
¯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.
Staff Conduct with City Council
¯ Respond to Council questions as fully and as expeditiously as is practical.
The protocol for stafftime devoted to research and response is in application here.
If a Council Member forwards a complaint or service request to a department head
6
or a Council Appointed Officer, there will be follow-through with the Council
Member as to the outcome. ~ ¯
¯ Respect the role of Council Members aspolicy makers for the CiW
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 treated 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 e mail 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 begirming 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 strateNc purposes.
¯Submit questions on Council a~enda 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
7
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.
o~The Mayor and Vice Mayor should work with staff to plan the Council
meetings.
There are three purposes to the pre-Council planning meeting: 1) toplan how the
meeting will be conducted; 2) to identify any issues or questions that may need
greater staff preparation for the meeting; and 3) to discuss furore meetings. The
purpose of the meeting is not to work on policy issues. Normally, only the Mayor
and Vice Mayor are expected to attend the pre-Council meetings with the City
Manager and other CAOs.
ENFORCEMENT
Council Members have the primary responsibility to assure that these
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 City for Council Members, the
protocols are intended to be self-enforcing. They therefore become most
effective when members are thoroughly familiar with them and embrace their
provisions. For this reason, Council Members entering office shall sign a
statement affirming they have read and understood the Council protocols. In
addition, the protocols shall be annually reviewed by the Policy and Services
Committee and updated as necessary.
8