Loading...
HomeMy WebLinkAbout2002-11-26 City CouncilCity of Palo Alto C ty Manager’s Report TO: ATTN: HONORABLE CITY COUNCIL POLICY AND SERVICES COMMITTEE FROM:CITY MANAGER DEPARTMENT: CITY MANAGER DATE:NOVEMBER 26, 2002 CMR: 461:02 SUBJECT: WORKING DRAFT OF PROPOSED COUNCIL PROTOCOLS BACKGROUND At the November 6 Policy and Services Committee meeting, staff provided, at the request of the Chair, an abridged version of the City of Sunnyvale Conduct for Elected Officials, to serve as a basis for the Committee’s discussion of proposed protocols for the Palo Alto City Council. Staff was asked to return on November 26 with explanatory text added to the protocols for interactions between Council Members, and between-Council and the City staff, upon which the Committee has tentatively agreed. DISCUSSION Staff has prepared a more comprehensive working draft for the Committee to use in its continued discussion of protocols. The working draft goes beyond the bullet points provided from the Sunnyvale Code of Conduct which were discussed at the last meeting, and is staff’s effort to reflect the discussions of the Committee, best practices and protocols from other cities with the Council-Manager form of local government, and issues and suggestions identified by the Executive Staff team, including the Council Appointed Officers. The key over-arching values shaping the worldng draft include: Promoting open government Focusing on the City Council’s role as policy-makers CMR:461:02 Page 1 of 2 Supporting all Council Members equally Insisting on civility in the conduct of the public’s work Whatever final protocols are adopted need to be incorporated and reconciled into the Council’s Rules and Procedures Ordinance, a copy of which has been provided by the City Attorney in this packet. During the November 6. Policy and Services Committee meeting, the City Attorney commented that it would be helpful to have the Mayor conduct a City Council procedures workshop each year, immediately after the new Mayor is electby Council.. Staff. strongly recommends that this. be included in the Council protocols. The attached working draft is meant to generate discussion, and staff fully anticipates that ,it will be marked up by members of the Policy and Services Committee at its meeting. ATTTACHMENT: Working Draft: Council Protocols PREPARED BY: Chris Mog tant to the City Manager CITY MANAGER APPROVAL: Behest, City Manager. CMR:461:02 Page 2 of 2 ATTACHMENT 1 CITY OF PALO ALTO SED 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 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 Prepare in advande 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 team effectiveness and review Council procedures, such as these Council Protocols Represent the City a~ ceremonial functions at the request of the Mayor Be responsible for the highest standards of 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 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. This does not allow, however, Council Members to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. No shouting or physical actions that could be construed as threatening will be tolerated. 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 or diSagreement:about.the agenda .or the Chair’s actions should be voiced politely and with reason, following the parliamentary procedure’s outlined in the Ci~ Council Procedural Rules. Avoid personal comments that could offend other Council Members. If a Council Member is personally offended by the remarks of.another Council Member, the offended Council Member should make notes of the actual words -used and call for a "point of personal privilege" thatchallenges the other Council Member to justify or apologize for the language used. The Chair will maintain control of this discussion. Demonstrate effective problem-solving approact{es. 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, but refrain criticism of colleagues who are less so. from public In Private Encounters Observe the Golden Rule. Treat others as you would like to be treated. To apply this pranciple, simply ask yourself how you would like to be treated in similar circumstances, 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 ma.nager, and neither thecouncil nor any member thereof shall give orders to any of the subordlhates 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, 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. Poor behavior towards staff is not acceptable. ® Channel communications through the appropriate senior City staff. Questions of City staff and/or requests for additional background inforr~iation should be directed onls~ to the City Manager, Assistant City Manager, City Attorney, City Clerk, City Auditor, Senior Assistant City Attorneys, or Department Heads. The Office of the City Manager should be copied on an~" 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. All Council Members should have the same information with which to make decisions. 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. Never publicly criticize an individual employee. Council should never 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. Do not get involved in administrative functions. Council Members must not attempt to influence City staff on the making of appointments, awarding of contracts, selecting of consultants, process.ing of development applications, or granting of City licenses and permits. Check with City staff on correspondence before taking action. Before sending correspondence, Council Members should check with City staff to see if an official City response has already been sent or is in progress. ~ 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. Limit requests for Staff support. Requests for staff support should be made to the City Manager, who is responsible for allocating City resources in order to maintain a professional, well-run City government. 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. Depend upon the staff to respond to citizen concerns and complaintsl 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 City Manager, who will follow up with appropriate staff. The staff should respond to all approved requests for information in an agreed upon timeframe, and it is appropriate to follow up with the Manager to determine how the concerns were 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 of staff (e.g., City Manager and the Assistant City Manager) have professional code 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. If attending a Board or Commission meeting, be careful to only express personal 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 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 particularpolicy 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 with removal if they disagree about an issue. Appointment and re-appointment to a Board or Commission should be based on such criteria as expertise, ability to work with staff and the public, .and commitment to fulfilling official .duties. A Board or Commission appointment should not be used as a political "reward." o 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 and respectful of all citizens serving on Boards and Commissions. o 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 asa Council Member. Inappropriate behavior can lead to removal. Inappropriate behavior by a Boardof Commission member should be noted to the Mayor, and the Mayor should counsel the offending member. If inappropriate behavior continues, the Mayor should bring the situation to the attention of the Council and the individual is subject to removal from the Board or Commission. 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 the Council protocols and procedures. At the beginning of each legislative year, the Council will hold a special meeting to review the Council protocols, as well as its adopted procedures for meetings. 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. 6 In order to focus the Council meetings on consideration of policy issues and to maintain an open forum for public discussion, questions 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 City Manager 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 committees on the consent calendar. ®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 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.