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HomeMy WebLinkAbout2003-12-08 City Council (8)City of Palo Alto City Manager’s Report TO: FROM: DATE: SUBJECT: HONORABLE CITY COUNCIL CITY MANAGER DECEMBER 8, 2003 9 DEPARTMENT: City Manager’s Office CMR: 550:03 POLICY AND SERVICES COMMITTEE RECOMMENDATION REGARDING CITY COUNCIL PROTOCOLS RECOMMENDATION The Policy and Services Committee recommends the City Council adopt the revised City Council Protocols, including an Ethics Addendum. BACKGROUND The Policy and Services Committee discussed protocols for the City Council at its April 16, May 14, June 18, November 8 and December 10, 2002 and February 5, 2003 meetings. On February 5, 2003, the Committee finalized its recommendation to the City Council. The City Council considered the Committee’s recommendations at its March 10, March 31 and May 5 meetings. Council approved the Policy and Services Committee recommendation for City Council Protocols, but referred back to staff resolution of three issues: 1) a protocol for sharing communications between individual Council Members and staff with the full Council; 2) enforcement of the Protocols. It also 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 At its July 15 and September 9 meetings, the Committee discussed the referrals from the Council. Attachment 1 is the Committee’s final recommended City Council Protocols, including the Ethics Addendum. All changes are shown in either strike-out or bold italic format. CMR:550:03 Page 1 of 2 PREPARED BY CITY MANAGER APPROVAL sbn, Assistant ~ly Manager F~anager Attachment 1" City Council Protocols, including Ethics Addendum CMR:550:03 Page 2 of 2 CITY OF PALO ALTO COUNCIL PROTOCOLS ATTACHMENT 1 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 ¯Comply with both the letter and spirit of the laws and policies affecting the operation operations of government. ¯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 Meetin,qs ¯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 presidinq officer in maintainin.q 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-solvin.q 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. ¯ 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 shaft 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 shaft deal with the administrative service solely through the city manager, and neither the council nor any member thereof shaft give orders to any of the subordinates of the city manager, either publicly or privately." 2 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 throuqh the appropriate senior City staff. Questions of City staff should be directed only 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 .qovernmentr all Council Members should make decisions with the same information from staff on a.qendized or soon-to-be a.qendized items (i.e. items on the tentative a.qenda or in a Council Committee). ¯Never publicly criticize an individual employee, includin.q 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 conversatiom ¯Do not .qet 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 representin.q 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. 3 Do not attend staff meetinqs 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 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. 4 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 thr-eatea unduly influence Board and Commission members in any way if they d~sa~;roc 3bout :,q iss’Jc. A Board or Commission 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 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 PROCEDURALISSUES ~ 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 a.qenda order) for strategic purposes. Submit questions on Council agenda items ahead of the meetinq. 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 standinq 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 meetinqs. 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. 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 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.