HomeMy WebLinkAboutStaff Report 11036
City of Palo Alto (ID # 11036)
City Council Staff Report
Report Type: Action Items Meeting Date: 2/1/2020
City of Palo Alto Page 1
Summary Title: Discussion of Council Procedures and Protocols
Title: Policy and Services Committee Recommends Council Review and
Approve Initial Revisions to the Council's Procedures and Protocols
Handbook and Provide Direction on Next Steps
From: City Manager
Lead Department: City Manager
Recommendation
The Policy and Services Committee and staff recommend that the City Council review the
attached partially revised Procedures and Protocols (CPP) Handbook (redline version is
Attachment A) and (1) approve the initial round of edits which were intended to make legally
required changes, delete obsolete provisions, and update sections to reflect current practices;
and (2) provide direction on additional areas for revision, including topics identified by the
Policy and Services Committee and described below and other topics that are of interest to
Council Members.
Background
At its December 10, 2019 meeting, the Policy and Services Committee reviewed the CPP and
provided feedback on an initial round of edits and updates to the document (ID #10904). The
Travel Policy (Ch. 7) was discussed at the November 12, 2019 Policy and Services Committee
meeting (ID #10790; Action Minutes). Section 2.4 – Council Conduct with Palo Alto Boards and
Commissions is currently under review by a City Council Ad Hoc Committee.
The full City Council discussed the CPP at their October 29, 2018 meeting. At this meeting,
Council referred the review of additional discretionary changes to the CPP to the Policy and
Services Committee. Policy and Services reviewed the CPP at their November 13, 2018 meeting.
No suggested changes were ever recommended to the full Council. The most recent Council-
adopted version is dated 2013 and is available on the City Council Webpage:
https://www.cityofpaloalto.org/civicax/filebank/documents/8258
Discussion
The City Council Procedures and Protocols (CPP) Handbook describes the way the Palo Alto City
Council does its business and is a directional guide. It is intended to accomplish two goals: First,
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the handbook is an informational guide for anyone doing business or appearing before the City
Council. Second, the handbook is a compilation of Procedures and Protocols that have been
formally adopted by Council Resolution.
Municipal Code 2.04.100 states the following related to the handbook:
Municipal Code 2.04.100 - Handbook of procedural rules
The council shall adopt by resolution a handbook of procedural rules
governing any aspect of the conduct of meetings and hearings for the council
and its standing committees, including but not limited to agenda
requirements, the order of business, rules of order, rules of evidence, closed
session procedures and rules for public participation in meetings. The
handbook of procedural rules shall be deemed guidelines and failure to
comply with any procedural rule shall not be the basis for challenge to or
invalidation of any action of the council, nor shall they be construed to create
any independent remedy or right of action of any kind.
In addition, the CPP includes a provision for the Policy and Services Committee to annually
review the CPP as stated below from Section 5 – Enforcement:
Section 5 – 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.
Based on the Policy and Services Meeting in December 2019 (Minutes), what follows are the
sections recommended for full Council discussion:
City Council Procedures, Section 2 – Council Meeting & Agenda Guidelines
2.4.B. Telephonic Attendance of Council Members at Council Meeting (pp.
7-8)
Policy and Services Committee referred this topic to the Council for
discussion and direction. Specifically:
o Should the CPP state that telephonic participation is “actively
discouraged”?
o Should Council Members be limited to 3 telephone appearances
per year?
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o How many days’ notice should be provided to the Clerk prior to
the posting of the agenda?
o Should Council Members participating remotely be required to
post the agenda in the remote location for the time it is posted in
Palo Alto, or only for the minimum legally-required period (72
hours for regular meetings; 24 hours for special meetings)
2.4.H Consent Calendar (p. 10)
Policy and Services referred to Council the procedure that allows Council
Members to explain a “no” vote on a Consent item after the Consent
calendar is voted on. Council Member Tanaka suggested the following
sequence of consent items:
--Public speaks before Consent Calendar
--Council Members may speak on the “no” items to inform peers
of why they choose to vote that way
--Then proceed with Consent Calendar vote
2.4.J. Council Requests to Remove Item (p. 10)
Policy and Services referred to Council the number of Council Members
needed to request an item be removed from Consent. The current rule is
three.
2.4.L. Consent Calendar Categories (pp. 10-11)
Policy and Services referred to Council the question of whether contracts
above a given dollar threshold should be ineligible for the Consent
agenda, and should instead be placed on the Action agenda.
2.4.V. Motions (pp. 16-17)
Committee Chair Kniss asked if Council should begin work on an Action
item with a motion, followed by public comment and Council discussion
and action, rather than entertaining Council Member questions and
general discussion prior to a motion being made.
To inform Council’s discussion regarding the Consent calendar issues, above, Committee
Members asked staff to research what other cities do from a protocol standpoint with the
Consent Calendar.
Menlo Park: Consent Calendar: Those items on the City Council agenda that are considered to
be of a routine and noncontroversial nature by the City Manager are placed on the “Consent
Calendar.” These items shall be approved, adopted, accepted, etc., by one motion of the City
Council. Typical consent calendar items include the final reading and adoption of ordinances,
various resolutions approving agreements, awards of contracts, minor budgetary adjustments,
meeting minutes, status reports, and reports of routine city operations. Councilmembers may
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request that any item listed under “Consent Calendar” be removed from the Consent Calendar,
and the City Council will then take action separately on this item. A member of the public may
request that an item listed under “Consent Calendar” be removed and City Council action taken
separately on the item; the City Council must concur with such a request. Items that are
removed (“pulled”) by councilmembers for discussion will typically be heard after other
Consent Calendar items are approved unless the majority of the City Council chooses an earlier
or later time. Councilmembers are encouraged to contact the City Manager’s office before
Noon on the day of a City Council meeting day to provide notification of items to be removed
from the Consent Calendar. This practice allows the City Manager to notify staff that may need
to be present to respond to removed items. Equally important, it also allows the Manager to
inform staff who do not need to be present at the meeting. Unless contacted in advance of the
meeting with sufficient time, the presumption is that staff will not be present.
(from Procedures Manual Menlo Park City Council, retrieved 1/27/2020)
Redwood City: Consent Calendar. There is generally a Consent Calendar on all regular meeting
agendas which includes those matters that the City Manager, in consultation with the Mayor
and Vice-Mayor, deems to be of a routine nature and will be enacted by one motion and one
vote. The public may contact the person identified on the agenda prior to the Council meeting
with questions about matters on the consent calendar.
(from A Guide to City Council Communications & Business, retrieved 1/27/2020)
Mountain View: Items that have been reviewed by the staff and considered to be
noncontroversial, requiring only routine action by the Council shall be listed on the Consent
Calendar. The presiding officer shall advise the audience that the Consent Calendar matters will
be adopted by one motion unless any Councilmember or any individual or organization
interested in one or more Consent Calendar matters has any question or wishes to make a
statement. In that event, the remainder of the Consent Calendar may be approved and the
presiding officer will open the items pulled from the Consent Calendar, unless the Council
requests they be considered elsewhere on the Agenda.
(from City of Mountain View Council Policies, retrieved 1/27/2020)
Other cities throughout the state have similar information when they have a published policy
guide for council meetings.
City Council Protocols, Section 2 – Council Conduct
2.3.H. Respect the “One Hour” Rule for Staff Work. (p. 33)
Policy and Services recommends that Council review and discuss the “one-hour” rule for
staff work on issues raised by an individual Council Member.
City Council Protocols, Section 6 – City Council E-Mails for Agenda-Related Items
6.2.B. Procedure (pp. 39-40)
Policy and Services recommends that Council discuss the procedures and timelines for
Council Member questions on agenda items and staff responses.
City of Palo Alto Page 5
City Council Protocols, Section 7 – City Council and Boards and Commissions Policy for Travel
and Miscellaneous Expense Reimbursement, March 2006 (pp. 41-46)
Committee Chair Kniss and Council Member Tanaka recommend following Mountain
View policy of allocating individual amounts for travel use for conferences, sister city
visits, etc.
This initial round of amendments updates the CPP to provide a current workable set of rules.
Council may determine that more work is needed. Council may give direction to staff to draft
additional amendments and return to Council, or may refer the matter to Policy and Services. In
addition to substantive changes that Council may wish to make, staff notes that the CPP could
be revised to improve readability and facilitate ease of use. In addition, the Ad Hoc Committee
on Boards and Commissions may propose changes regarding Boards and Commissions.
Stakeholder Engagement
Prior to the November 13, 2019 Policy and Services Committee discussion on the CPP, staff
asked Council to share their thoughts on how the CPP could be improved. Policy and Services
Committee reviewed the full content at a public meeting on December 10, 2019 (Action
Minutes).
Environmental Review
This is not a project and no environmental review is required.
Attachments:
• Attachment A: 2013 ADOPTED Council Protocols and Procedures Manual revised
061713 with P&S 121019 changes underlined
CITY OF PALO ALTO
CITY COUNCIL PROCEDURES
AND PROTOCOLS HANDBOOK
Procedures and Protocols Approved 2/11/13 XX/XX/2020
If you have any questions about this handbook, please feel free to contact the City Clerk
by phone at (650) 329-2571 and e-mail at city.clerk@cityofpaloalto.org or the City
Attorney by phone at (650) 329-2171 and e-mail at city.attorney@cityofpaloalto.org.
TABLE OF CONTENTS
CITY COUNCIL PROCEDURES __________________________________________ 1
INTRODUCTION & CONTENTS ____________________________________________ 1
SECTION 1 - PUBLIC PARTICIPATION IN COUNCIL MEETINGS ______________ 2
1.1 - Policy ______________________________________________________________________ 2
1.2 – Purpose ____________________________________________________________________ 2
1.3 - Summary of Rules ____________________________________________________________ 2
1.4 - General Requirements _________________________________________________________ 2
A. Accessibility _____________________________________________________________ 2
B. Presiding Officer's Permission Required ________________________________________ 3
C. Recording and Identification _________________________________________________ 3
D. Specific Requirements and Time Limits ________________________________________ 3
SECTION 2 – COUNCIL MEETING & AGENDA GUIDELINES __________________ 5
2.1 - Policy ______________________________________________________________________ 5
2.2 – Purpose ____________________________________________________________________ 5
2.3 - Summary of Guidelines ________________________________________________________ 5
A. Regular Meetings __________________________________________________________ 5
B. Special Meetings __________________________________________________________ 6
C. Study Sessions ____________________________________________________________ 6
D. Closed Sessions ___________________________________________________________ 6
2.4 - General Requirements _________________________________________________________ 6
A. Regular Meetings __________________________________________________________ 6
B. Telephonic Attendance Of Council Members At Council Meetings ___________________ 7
C. Items Considered After 10:30 p.m. ____________________________________________ 8
D. Late Submittal of Correspondence or Other Information Related to Planning Applications. 8
E. Agenda Order ____________________________________________________________ 9
F. Council Comment _________________________________________________________ 9
G. Public Comment _________________________________________________________ 10
H. Council Requests to Remove Item ____________________________________________ 10
I. Hearing of Removed Items _________________________________________________ 10
J. Consent Calendar Categories ________________________________________________ 10
K. Colleagues MemosCouncil Matters ___________________________________________ 12
L. Council Member Questions, Comments and Announcements ______________________ 13
M. Closed Sessions __________________________________________________________ 13
N. Adjournment ____________________________________________________________ 13
O. Rescheduling Agenda Items ________________________________________________ 13
P. Adding New Items to the Agenda ____________________________________________ 14
Q. Special Meetings _________________________________________________________ 14
R. Study Sessions ___________________________________________________________ 14
S. Closed Sessions __________________________________________________________ 15
T. Motions, Debate & Voting _________________________________________________ 16
U. Motions ________________________________________________________________ 16
V. Debate and Voting ________________________________________________________ 21
W. Quasi-Judicial/Planned Community Hearings ___________________________________ 23
X. Standing Committees ______________________________________________________ 25
Y. Ad Hoc Committees & Committee as a Whole __________________________________ 27
2.5 - Election of Mayor ___________________________________________________________ 28
CITY COUNCIL PROTOCOLS __________________________________________ 29
SECTION 1 - CORE RESPONSIBILITIES ____________________________________ 30
SECTION 2 - COUNCIL CONDUCT _________________________________________ 31
2.1 – Public Meetings ____________________________________________________________ 31
2.2 - Private Encounters ___________________________________________________________ 31
2.3 – Council Conduct with City Staff ________________________________________________ 32
2.4 - Conduct with Palo Alto Boards and Commissions __________________________________ 34
2.5 - Staff Conduct with City Council ________________________________________________ 35
SECTION 3 - OTHER PROCEDURAL ISSUES ________________________________ 36
3.1 – Commit to Annual Review of Important Procedural Issues ___________________________ 36
3.2 – Don’t Politicize Procedural Issues (e.g. Minutes Approval or Agenda ___________________ 36
Order) for Strategic Purposes _______________________________________________________ 36
3.3 – Submit Questions on Council Agenda Items Ahead of the Meeting _____________________ 36
3.4 - Submittal of Materials Directly to Council ________________________________________ 36
3.5 - Late Submittal of Correspondence or Other Information Related to _____________________ 36
Planning Applications ____________________________________________________________ 36
3.6 – Respect the Work of the Council Standing Committees ______________________________ 37
3.7 – The Mayor and Vice Mayor Should Work With Staff to Plan the Council _______________ 37
Meetings_______________________________________________________________________ 37
SECTION 4 - POLICY & SERVICES COMMITTEE – ROLE, PURPOSE, & WORK
PLANNING ______________________________________________________________ 38
SECTION 5 - ENFORCEMENT _____________________________________________ 38
SECTION 6 - CITY COUNCIL E-MAILS FOR AGENDA-RELATED ITEMS ______ 39
6.1 - Policy _____________________________________________________________________ 39
6.2 - Procedure __________________________________________________________________ 39
SECTION 7 - CITY COUNCIL AND BOARDS AND COMMISSSIONS POLICY FOR
TRAVEL AND MISCELLANEOUS EXPENSE REIMBURSEMENT, March 2006 __ 41
7.1 - Eligible Activities ___________________________________________________________ 41
7.2 - Out-of-Town Conferences or Meetings ___________________________________________ 41
A. Reimbursement __________________________________________________________ 41
B. Meals and Incidentals _____________________________________________________ 42
C. Lodging Expense _________________________________________________________ 43
D. Transportation ___________________________________________________________ 43
7.3 - Local or Bay Area Activities ___________________________________________________ 44
7.4 - Other Expenses _____________________________________________________________ 45
7.5 - Activities Not Considered Reimbursable __________________________________________ 45
7.6 - Reports to Council ___________________________________________________________ 45
7.7 - Violation of This Policy _______________________________________________________ 45
7.8 - Mayor and Vice Mayor Additional Compensation __________________________________ 46
7.10 - Support Services ___________________________________________________________ 46
CITY OF PALO ALTO COUNCIL PROTOCOLS ETHICS ADDENDUM _________ 47
A. Comply with Law ________________________________________________________ 47
B. Conduct of Members ______________________________________________________ 47
C. Respect for Process _______________________________________________________ 47
D. Decisions Based on Merit __________________________________________________ 47
E. Conflict of Interest ________________________________________________________ 47
F. Gifts and Favors__________________________________________________________ 47
G. Confidential Information ___________________________________________________ 49
H. Use of Public Resources ___________________________________________________ 49
I. Representation of Private Interests ___________________________________________ 49
J. Advocacy _______________________________________________________________ 49
K. Positive Work Place Environment ____________________________________________ 49
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CITY COUNCIL PROCEDURES
INTRODUCTION & CONTENTS
This handbook describes the way the Palo Alto City Council does its business and is a
directional guide. It is intended to accomplish two goals. First, the handbook is an
informational guide for anyone doing business or appearing before the City Council.
Second, the handbook is a compilation of Procedures and Protocols that have been
formally adopted by Council Resolution.
The handbook is organized into two sections:
1) Public Participation in Council Meetings
This section explains the basic rules for speaking to the City Council. It
covers things like when to speak, time limits, and how groups of speakers are
handled.
2) Council Meeting & Agenda Guidelines
This section explains the different kinds of meetings the City Council holds,
what they are for, and how the meeting agenda is prepared.
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SECTION 1 - PUBLIC PARTICIPATION IN COUNCIL MEETINGS
1.1 - Policy
It is the policy of the City Council to assure that members of the public have the opportunity
to speak to any regular or special meeting agenda item before final action. These rules
establish the rights and obligations of persons who wish to speak during City Council
meetings.
1.2 – Purpose
These rules are intended to enhance public participation and Council debate so that the
best possible decisions can be made for Palo Alto. Palo Alto has a long and proud tradition
of open government and civil, intelligent public discourse. Open government meetings
must allow everyone to be heard without fear of cheers or jeers. For these reasons, the
City Council takes these rules seriously. Disruptive or unruly behavior in violation of the law
can result in removal from the Council meeting and/or arrest and prosecution.
1.3 - Summary of Rules
Every regular City Council agenda has two different kinds of opportunities for the public to
speak. The first is during Oral Communications. This part of the meeting is provided so
that the public can speak to anything that is in the City’s jurisdiction, even if when there is
no action item listed on the agenda. The Council allows up to three minutes per speaker,
but limits the total time to 30 minutes per meeting. State law does not permit the Council to
respond to act on or discuss an item raised in oral communications, but Council Members
may ask brief clarifying questions and may ask City staff may be asked to follow up on any
concerns that are raised.
The second opportunity to speak is during the public comment or public hearing portion of
Each Agenda Item. Public comments or testimony must be related to the matter under
consideration. The Council allows up to three minutes per speaker for most matters.
During “quasi-judicial” hearings (where the City Council is legally required to take evidence
and make impartial decisions based upon that evidence), the applicant1 or appellant may
have up to ten minutes at the outset and three minutes for rebuttal at the end. These
hearings are specially marked on the Council agenda.
A person who wants to speak to the Council must should fill out a speaker card and hand it
in to the City Clerk. Speakers are not required to provide a name or address. The Clerk will
give the cards to the Mayor or Vice Mayor so that the speakers can be identified and
organized in an orderly way.
1.4 - General Requirements
A. Accessibility
Palo Alto makes every reasonable effort to accommodate the needs of the
disabled consistent with law. Any provision of these rules may be modified if
needed to provide reasonable accommodation. Persons needing assistance
should contact: Larry Perlin, ADA Director, City of Palo Alto, 650/329-2496
(voice) or 650/328-1199 (TDD).
1 For all purposes, applicant also refers to applicant agent.
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B. Presiding Officer's Permission Required
The presiding officer at Council meetings (usually the Mayor or Vice-Mayor) is
legally authorized and required to “preserve strict order and decorum.”i This is
important in order to assure a fair opportunity for everyone to participate in an
open and civil setting.
• Any person desiring to address the Council must first get the permission of
the presiding Presiding officer Officer by completing a speaker card and
handing the card to the City Clerk.
• The presiding Presiding officer Officer shall recognize any person who has
given a completed card to the City Clerk, subject to limitations on the time
for public participation described in these Procedures.
• No person, other than a Council Member and the person having the floor,
shall be permitted to enter into any discussion without the permission of the
presiding Presiding officer Officer.
• No person shall enter the staff area of the Council dais without the
permission of the Presiding Officer or appropriate Council Appointed Officer.
C. Recording and Identification
Persons wishing to address the Council shall comply with the following:
• Use the microphone provided for the public and speak in a recordable tone,
either personally or with assistance, if necessary.
• State their name and address if presenting evidence in a hearing required
by law.
• Other sSpeakers are requested to should state their name and address, but
cannot be compelled to do so register their name or other information as a
condition to attendance at the meeting of addressing the Council.
D. Specific Requirements and Time Limits
1) Oral Communications
Oral communications shall be limited to up to three minutes per speaker
and, at the discretion of the Presiding Officer, will be limited to a total of
thirty minutes for all speakers combined.
• Oral communications may be used only to address items that are
within the Council’s subject matter jurisdiction, but not listed on the
agenda.
• Oral communications may not be used to address matters where
the receipt of new information would threaten the due process
rights of any person.
• All remarks shall be addressed to the Council as a body and not to
any individual member.
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• Council members shall not enter into debate or discussion with
speakers during oral communications.
• The presiding Presiding officer Officer may direct that the City
Manager will respond to the person speaking and/or the Council at
a later date.
2) Other Agenda Items
Public comments or testimony on agenda items other than Oral
Communications shall be limited to a maximum of three minutes per
speaker unless additional time is granted by the presiding Presiding officer
Officer. The presiding Presiding officer Officer may reduce the allowed time
to less than two minutes if necessary to accommodate a larger number of
speakers.
3) Spokesperson for a Group
When any a group of people wishes to address the Council on the same
subject matter, the presiding officer will request that they may designate a
spokesperson be chosen by the group to address the Council.
Spokespersons are subject to the same time limits as other speakers,
except that spokespersons who are representing a group of five or more
people who are present in the Council chambers will be allowed ten minutes
and will to the extent practical be called upon ahead of individual speakers.
4) Quasi-Judicial/ Planned Community Hearings
In the case of a quasi-judicial/planned community hearing, single applicants
and appellants shall be given ten minutes for their opening presentation and
three minutes for rebuttal before the hearing is closed. In the case of a
quasi-judicial/planned community hearing for which there are two or more
appellants, the time allowed for presentation and rebuttal shall be divided
among all appellants, and the total time allowed for all appellants shall be a
total of twenty minutes for the opening presentation and six minutes for
rebuttal before the hearing is closed; however, under no circumstances shall
an individual appellant be given less than five minutes for presentation and
three minutes for rebuttal. In the event a request is made and the need for
additional time is clearly established, the presiding Presiding officer Officer
shall independently, or may upon advice of the city attorney, grant sufficient
additional time to allow an adequate presentation by the applicant or
appellant in a hearing required by law.
5) Addressing the Council after a Motion
Following the time for public input and once the matter is returned to the
Council no person shall address the Council without first securing the
permission of the Council Presiding Officer so to do to do so, subject to
approval of the City Attorney with respect to any hearing required by law.
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6) Decorum
The Palo Alto Municipal Code makes it unlawful for any person to:
• Disrupt the conduct of a meeting
• Make threats against any person or against public order and
security while in the Council chamber.
• Use the Council Chambers during meetings for any purpose other
than participation in or observation of City Council Meetings.
Any Council Member may appeal the presiding Presiding officer’s
Officer’s decision on a decorum violation to the full Council. Decorum
violations are punishable as a misdemeanor and may lead to a person
being removed from the Council meeting.ii
SECTION 2 – COUNCIL MEETING & AGENDA GUIDELINES
2.1 - Policy
It is the policy of the Council to establish and follow a regular format for meeting agendas.
2.2 – Purpose
The purpose of these guidelines is to facilitate the orderly and efficient conduct of Council
business. This purpose recognizes the value of establishing a community understanding of
meeting procedures so that broad public participation is encouraged. This purpose also
recognizes that Council Members must have a common approach to the discussion and
debate of City business so that meetings are both streamlined and thorough.
2.3 - Summary of Guidelines
The City Council generally conducts four two different kinds of meetings. These are
Regular Meetings, and Special Meetings, Study Sessions, and Closed Sessions.
A. Regular Meetings are conducted at City Hall on the first three Monday nights of
each month, except during the Council’s annual vacation summer and winter
recesses. The meetings will are scheduled to begin at 7 6:00 p.m. Regular Under
the Brown Act, regular meeting agendas must be posted in the City Plaza by the
elevators no later than 7:00 p.m. on no later than the preceding Friday immediately
preceding the meeting as required by the Brown Act. It is City policy to make every
effort to complete and distribute post the agenda and related reports by the
preceding Wednesday on Thursday eleven days prior to the meeting. For major
complex projects and policies, the City will make every effort to distribute these
reports two weeks prior to the meeting when the item will be considered.
Agendas are posted in King Plaza by the elevators and are Once the agenda is
posted, it shall also be uploaded to the City Council web page. for use by the
public. It is City policy to make every effort to complete and distribute the agenda
and related reports by the preceding Wednesday. For major, complex projects
and policies, the City will make every effort to distribute these reports two weeks
prior to the meeting when the item will be considered.
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It is City policy to make every effort to provide supporting reports and materials at
the time the agenda is posted. Typically, this will occur eleven days before the
meeting. Materials that are not available at the time of agenda posting will be
distributed as soon as feasible before the meeting. Materials that are distributed
to a majority of Council will be made available to the public at the same time, as
required by law. Some materials, such as presentation materials or “at places”
memoranda may be distributed to Council Members and the public at the
meeting.
B. Special Meetings are “special” because the mayor Mayor or Council can call them
on a minimum of 24 hours notice, or because they are held on a different day of the
week, at a different time or in a different location. Special meetings need not be
held at City Hall, as long as the alternate location is within the City. The Council
makes every effort to provide notice well in advance of 24 hours, especially when
the special meeting is for the purpose of conducting a Study Session.
C. Study Sessions are meetings during which the Council receives information about
City business in an informal setting. The informal study session setting is intended
to encourage in-depth discussion and detailed questioning and brainstorming by
Council on issues of significant interest, including City policy matters, zoning
applications, and major public works projects. The Council may discuss the material
freely without following formal rules of parliamentary procedure. Staff may be
directed to bring matters back for future Council consideration as no action can be
taken at a study session. Public comments on study session items may be received
together with oral communications immediately following the session or may be
heard during discussion of the item as determined by the Mayor. The Decorum
rules still apply to the behavior of the Council and public.
D. Closed Sessions can be part of regular or special meetings. Closed sessions are
the only kind of Council meeting that the public cannot attend. State law allows
closed sessions to discuss pending litigation, employment issues, real estate
negotiations and certain other matters. Members of the public are permitted to
make public comments on closed session matters prior to the start of the closed
session. The Council must make a public report after the session when certain
kinds of actions are taken.
These are guidelines, not rules. The Council intends that City staff and Council
Members will follow these guidelines. However, these guidelines should not be
used in a way that leads to inefficiency, unfairness, or the promotion of form over
substance. State law establishes a variety of mandatory meeting rules the City must
follow in order to assure open and public government, regardless of unusual
situations and consequences.
2.4 - General Requirements
A. Regular Meetings
Attendance Required. Council Members, the City Clerk, City Attorney, and City
Manager, along with any other city officers and department heads that have been
requested to be present, shall take their regular stations in the Council chamber at 7
6:00 p.m. on the first, second and third Mondays of each month, except during the
established Council vacation.iii The Presiding Officer will ensure that during each
regular meeting there will be one 5 minute break. The Council expects its members
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to attend regularly and notify the City Clerk of any planned absences. The Council
may levy fines of up to $250.00 against Council members who willfully or
negligently fail to attend meetings.iv
B. Telephonic Attendance Of Council Members At Council Meetings
The City Council Procedures provisions concerning Telephonic Attendance shall
apply to all Boards and Commissions as well as the City Council members.
Requests by Council Members to attend a Council meeting via telephonic
appearance are actively discouraged. Telephonic attendance shall only be
permitted not more than 3 times a year in the event of extraordinary events such
as a medical, family or similar emergency requiring a Council Member’s absence.
In addition, at least a quorum of the Council must participate from a location
within the City (Government Code Section 54953(b)(3)).
If these two threshold requirements are met, the Council Member who will be
appearing telephonically must ensure that:
• The meeting agenda identifies the teleconference location and is
posted at that location in an area that is accessible and visible 24
hours a day for at least 5 days 72 hours prior to the meeting.
• The teleconference location is open and fully accessible to the public,
and fully accessible under the Americans with Disabilities Act,
throughout the entire meeting. These requirements apply to private
residences, hotel rooms, and similar facilities, all of which must
remain fully open and accessible throughout the meeting, without
requiring identification or registration.
• The teleconference technology used is open and fully accessible to all
members of the public, including those with disabilities.
• Members of the public who attend the meeting at the teleconference
location have the same opportunity to address the Council from the
remote location that they would if they were present in Council
Chambers.
• The teleconference location must not require an admission fee or any
payment for attendance.
• If the meeting will include a closed session, the Council Member must
also ensure that there is a private location available for that portion of
the meeting.
If the Council Member determines that any or all of these requirements cannot be
met, he or she shall not participate in the meeting via teleconference.
Approved Teleconference Guidelines for Council Members:
• One week advance 5 days written notice in advance of the publication
of the agenda must be given by the Council Member to the City
Clerk’s office; the notice must include the address at which the
teleconferenced meeting will occur, the address the Council packet
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should be mailed to, who is to initiate the phone call to establish the
teleconference connection, and the phone number of the
teleconference location. If Ccellular telephones shall not be are used
to participate in teleconferenced meetings then Council members
need to ensure speaker phone option is functioning.
• The Council Member is responsible for posting the Council agenda in
the remote location, or having the agenda posted by somebody at the
location and confirming that posting has occurred. The City Clerk will
assist, if necessary, by emailing, faxing or mailing the agenda to
whatever address or fax number the Council Member requests;
however, it is the Council Member’s responsibility to ensure that the
agenda arrives and is posted. If the Council Member will need the
assistance of the City Clerk in delivery of the agenda, the fax number
or address must be included in the one-week five-day advance written
notice above.
• The Council Member must ensure that the location will be publicly
accessible while the meeting is in progress.
• The Council Member must state at the beginning of the Council
meeting that the 72-hour posting requirement was met at the location
and that the location is publicly accessible, and must describe the
location.
Furthermore, the City Clerk will provide Council with a quarterly report detailing
the telephone charges associated with teleconferenced meetings.
C. Items Considered After 10:30 p.m.
The City Council makes every effort to end its meetings before 11:00 p.m. The
Council also generally does not take up new matters after 10:30 p.m. Before 10:00
p.m. the Council will decide and announce whether it will begin consideration of any
agenda items after 10:30 and, if so, which specific items will be taken up.
D. Late Submittal of Correspondence or Other Information Related to Planning
Applications.
In order to allow for adequate Staff review and analysis, and to ensure public
access to information, all plans, correspondence, and other documents supporting
planning applications being heard by the City Council must be submitted to staff not
later than noon five working days prior to the release of the Council Agenda Packet.
If any correspondence or other information is submitted after this deadline to
Council Members or staff, and Staff determines additional review is needed Staff
will reschedule the item for a future Council meeting. If a Council member receives
planning application materials from a project applicant he or she shall notify the City
Clerk and the City Manager as soon as possible. There are no restrictions on the
rights of applicants or others to comment or respond to information contained within
the Staff Report. At the meeting the City Council may determine whether to
continue or refer the item to the appropriate Board and/or Commission if significant
changes to a project or significant new information become known. Nothing in this
statement is intended to restrict the rights of applicants or other interested parties to
respond to information contained in or attached to a Staff Report..
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E. Agenda Order
City Council agendas will be prepared by the City Clerk and presented to the City
Council in the order described below. It is the Council’s policy to hear the major
items of business first at each meeting, to the extent possible. The City Manager,
with prior approval of the Mayor, is authorized to designate upon the agenda of the
Council, and the City Clerk shall publish in the agenda digest, items that shall be
taken up first or at a specific time during the course of the meeting.v The City
Council may take matters up out of order upon approval by a majority vote of those
present:
1) Roll Call
2) Study Session and/or Closed Session
3) Special orders of the day
4) Agenda Changes, Additions and Deletions
5) City Manager Comments
6) Oral communications, including oral communications related to any study
session that began immediately before the regular meeting
7) Approval of minutes
8) Consent calendar
Items may be placed upon the consent calendar by any council-appointed
officer whenever, in such officer's judgment, such items are expected to be
routinely approved without discussion or debate. The consent calendar
shall be voted upon as one item.
9) City Manager Comments
10) Action Items
11) Inter-Governmental Legislative Affairs
12) Council Member Questions, Comments and Announcements
13) Adjournment
F. Council Comment
F. Study Sessions. Study Sessions are meetings during which the Council receives
information about City business in an informal setting. The informal study session
setting is intended to encourage in-depth discussion and detailed questioning and
brainstorming by Council on issues of significant interest, including City policy
matters, zoning applications, and major public works projects. The Council may
discuss the material freely without following formal rules of parliamentary
procedure. Staff may be directed to bring matters back for future Council
consideration as no action can be taken at a study session. Public comments on
study session items may be received together with oral communications
immediately following the session or may be heard during discussion of the item as
determined by the Mayor. The Decorum rules still apply to the behavior of the
Council and public.
G. Closed Sessions. Closed Sessions can be part of regular or special meetings.
Closed sessions are the only kind part of a Council meeting that the public cannot
attend. State law allows closed sessions to discuss pending litigation, employment
issues, real estate negotiations and certain other matters. Members of the public
are permitted to make public comments on closed session matters prior to the start
of the closed session. The Council must make a public report after the session
when certain kinds of actions are taken.
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H. Consent Calendar: No discussion or debate shall be permitted upon items upon the
consent calendar; however, any Council Member may request that his or her vote
be recorded as a "no" or "not participating" due to a specified conflict of interest on
any individual item. Council Members may also explain their "no" votes at the end
of the Consent Calendar, with a 3 minute time limit for non-appeal items and 5
minutes for appeal items for each Council Member. Council Members may also
submit statements in writing to the City Clerk before action is taken. The City Clerk
shall preserve and make available such written statements in a manner consistent
with the Brown Act and shall assure that the minutes of the meeting make reference
to the existence and location of such written statements.
I. Public Comment
If members Members of the public wishing to speak to items on the Consent
Calendar, the Mayor will have the option of allowing the testimony shall be
permitted to speak prior to Council Member requests to remove an item or the vote
to adoption of the Consent Calendar., or removing the item from the consent
calendar and hearing the public comment at a later time, prior to the vote on the
item.
J. Council Requests to Remove Item
Three Council Members may request that an item be removed from the consent
calendar following public comment on the consent agenda. The City Manager’s
office should be advised whenever possible, in writing, of a request for removal
no later than noon the day of the meeting Sunday before the meeting.
K. Hearing of Removed Items
Removed items will be heard either later in the meeting or agendized for a
subsequent discussion at a subsequent meeting, depending upon the number of
speakers, and the anticipated length of the items that have been officially
scheduled for discussion on a particular evening, the availability of staff required
to support the discussion, and legally-required noticing procedures. The Mayor,
in consultation with the City Manager, will decide when during the meeting any
removed items will be heard.
L. Consent Calendar Categories
The consent calendar portion is the section where administrative and non-
controversial items shall be presented. Mayor and City Manager should be sensitive
to high dollar value items and consider placing those items in the action agenda
section. The consent section may include: in 5 categories in the following order:
1) Ordinances and Resolutions
The following ordinances and resolutions may appear on a consent
calendar:
• Second Reading (passage and adoption) of Ordinances.
• a Resolutions whichthat are ceremonial in nature.
• Ordinances or resolutions that implement a prior Council policy
direction in the manner contemplated by the Council's previous
actions, in the Adopted Budget (including the Capital Improvement
Program and especially in the department key plans); the Council
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Priorities, and the Council Top Priority Workplan, among other
similar sources..
• Budget amendments ordinances that accept funding such as grants
or gifts, provided Council has previously approved the activity or
program.
• Resolutions approving funding applications, such as grants or loans,
provided that the program or activity has been previously approved
by Council.
2) Administrative Matters Including Contracts, Appointments, Approval of
Applications, and Any Other Matter.
The titles of administrative matters need not be read. An administrative
matter may be placed on the consent calendar if it is:
• An action that is merely the administrative execution of previous
Council direction. The Council direction and vote will be quoted in
the staff report accompanying the item.
• Contracts for which the subject or scope of work has been
previously reviewed by the City Council.
• A contract for goods, general services, professional services,
public works projects, dark fiber licensing contracts or wholesale
commodities, purchases, as outlined in the Purchasing Ordinance,
provided such contracts represent the customary and usual
business of the department as included in the Adopted Budget.
Examples include: routine maintenance contracts, annual audit
agreement; software and hardware support agreements, janitorial
services, copier agreements or postage machine agreements.
• Rejection of bids.
• Designation of heritage trees.
• Designation of historic building at the request of the property
owner if there are no unusual policy ramifications.
• Approval of funding applications, such as grants or loans,
provided that Council has previously approved the general
program or activity.
• Formal initiation, for consideration at a later date, of a zoning code
amendment or review process, such as preliminary review.
• Status report required by law for fee administration.
• Cancellation of meetings or scheduling of special meeting.
• Other similar matters as determined by the City Manager, in
consultation with the Mayor.
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3) Request to Refer Items to Any Council Standing Committee, Committee,
Board, Commission or Council Appointed Officer.
The consent calendar includes matters for which staff is merely seeking
Council approval of a referral to a Council standing committee or other
City official, advisory board or commission. This does not preclude staff
from making referrals to the standing committees. Staff uses such
referrals in order to expedite the business of the full Council, since its
agenda is so full. Discussion of a complex issue by another body,
provides an opportunity for public input and extended discussion by the
members of the body. The full Council is then able to benefit from the
minutes of that discussion when the item comes back to the Council for
final approval. This practice also allows the City/School Liaison
Committee to consider items of interest to both agencies without having
to go through the formality of a Council agenda referral.
4) Items Unanimously Recommended for Approval by a Council Committee
if the Committee Unanimously Recommends Placement on the Consent
Calendar, Unless Otherwise Recommended by the Committee, Mayor,
City Attorney or City Manager. or Staff.
5) Items Recommended for Approval, and for Placement on the Consent
Calendar, by any Council-Appointed Boards and Commissions, Provided
that Other Public Hearing Requirements are Not in Effect or Otherwise
Recommended by the Board or Commission, Mayor, City Manager or City
Attorney.
6) Agenda Changes, Additions, and Deletions
7) Action Items:
• Unfinished Business
• Public Hearings
• Reports of committees/commissions
• Ordinances and Resolutions
• Reports of officials
M. Council Matters - Colleagues Memos
Any two Council Members may bring forward a colleague memo on any topic to
be considered by the entire Council. Two Council Members are required to place
such a memo on the agenda, reflective of the Council procedure requiring a
motion and a second for consideration of a motion by the Council. Up to four
three Council Members may sign a colleague memo. The City Attorney
recommends that the colleague memo be limited to three Council Members in
order to avoid the potential of a Brown Act issue. Prior to preparing a colleague
memo, Council Members will consult with the City Manager to determine whether
13
he/she the City Manager is or is not is or is willing and able to address the issues
as part of his/her operational authority and within current budgeted resources.
Colleagues Memos should have a section that identifies any potential staffing or
fiscal impacts of the contemplated action. This section will be drafted by the City
Manager. Council Members shall provide a copy of the proposed memo with to
the City Manager or appropriate senior staff and City Attorney prior to finalization.
Completed Council Colleagues Memos shall be provided to the City Clerk’s staff
by noon on the Tuesday 11 days prior to the Council meeting that the memo is
intended to be agendized, to provide time for the City Clerk to process for the
Council packet.
The City Council will not take action on the night that a Colleagues Memo is
introduced if it has any implications for staff resources or current work priorities
which are not addressed in the memo. The Council will discuss the Colleagues
Memo and refer it to a committee or then direct the City Manager to agendize the
matter for Council action within two meetings, allowing City staff time to prepare
a summary of staffing and resource impacts. Action may be taken immediately
by the Council on Colleagues Memos where there are no resource or staffing
implications or where these are fully outlined in the Colleagues Memo. The
Brown Act requires that the public be fully informed of the potential action by the
Council via when the Agenda is published, and in no event less than 72 hours
before a scheduled regular Council meeting. In order to satisfy the Brown Act
requirements, the Council should consult with the City Attorney to ensure that the
proposed title to the Colleagues Memo contains all actions that the Council
Members want completed on the night of the Council review.
N. Council Member Questions, Comments and Announcements
The purpose of this agenda item is to allow Council to question staff briefly on
matters upon which Council has taken action or given direction, make general
comments as a reference to staff on factual matters of community concern, or
make brief announcements in a manner consistent with Government Code
section 54952.2. New assignments will not be given nor will major policy issues
be discussed or considered. To the extent possible, Council will confer with staff
before raising matters under this agenda item. This agenda item will generally
be limited to 15 minutes in length and the public may not speak to matters
discussed;
O. Closed Sessions
Special closed sessions will be scheduled before or after regular or special
Council meetings to the extent possible and appropriate. Closed sessions may
be scheduled during a regular or special Council meeting, but this is discouraged
by Council;
O. Adjournment
P. Rescheduling Agenda Items
When the Council is unable to complete its agenda the remaining business will
generally be rescheduled as follows. Nothing in this section shall be deemed to
supersede or conflict with state law.
1) Meeting Adjourned Sine Die Items Rescheduled to a Date Uncertain
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When a regular meeting is adjourned sine die (without a day), all unfinished
items will be listed under unfinished business on the next regular Council
meeting agenda; except, that where deemed necessary, the City Clerk, with
the City Manager's concurrence, may place those business items in a
different order on the agenda. When Council reschedules an item to a date
uncertain, the City Manager, Clerk and Mayor shall confer on an appropriate
date to reschedule the item.
2) Items Rescheduled to a Date Certain. Council may reschedule an item to a
specific future Council meeting.
3) Continued Items
When an item on the agenda is continued to a subsequent meeting, such
item will be listed under unfinished business on such agenda unless the
Council by majority vote chooses to place such item in a different location
on such agenda or unless the City Clerk, with the City Manager's
concurrence, deems it necessary to place such item at a different location
on such agenda.
Q. Adding New Items to the Agenda
No matters other than those on the agenda shall be finally acted upon by the
Council. However, emergency actions (as defined in Government Code section
54956.5) and matters upon which there is a lawful need to take immediate action
(as defined in Government Code section 54954.2) may, with the consent of two-
thirds, or all members present if less than two-thirds are present, be considered and
acted upon by the Council.
R. Special Meetings
Special meetings may be called by the Mayor or City Council by providing a
minimum of 24-hours posted notice in the manner required by state law. To the
greatest extent possible, special meetings called for other than regular meeting
days should be scheduled by a majority of the Council present and voting at a
regular meeting.vi Unlike regular meetings, there are no circumstances that permit
the City Council to add new items to a special meeting agenda or notice.
S. Study Sessions
Study sessions are meetings or agenda items during which the Council receives
information about City business in an informal setting.
1) Time
Special study sessions will be held as needed.
2) No Formal Rules
Study sessions are intended to be conducive to in-depth factual
presentations by City staff and detailed questioning and brainstorming by
Council. The Council may discuss the material freely without following
formal rules of parliamentary procedure, and the Mayor shall have discretion
to determine the appropriate process for conducting the study session,
including when public comment and oral communications will be heard.
3) Public Participation.
The general rules of decorum apply.
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4) No Final Action
Staff may be directed to bring matters back for Council consideration at
future meetings, as no action can be taken.
T. Closed Sessions
Closed sessions are the only kind of Council meeting agenda item that the public
cannot observe. State law allows closed sessions to discuss pending litigation,
employment issues, real estate negotiations and certain other matters. To the
greatest extent possible, the City Attorney and City Clerk shall use standardized
agenda descriptions that are consistent with Government Code section 54954.5.
Closed sessions will be scheduled at the beginning or end of Council meetings to
the extent possible and appropriate. Closed sessions may be scheduled in the
middle of a regular or special Council meeting, but this is discouraged by Council;
The City Council will take a vote to go into Closed Session prior to a Closed
Session beginning.
1) Announcements Before Closed Sessions
The mayor Mayor/City Clerk shall announce the item or items to be
considered in closed session by reference to the appropriate agenda
number or letter, or in an alternate form that shall be provided by the City
Attorney.
2) Public Comments
Members of the public are permitted to make public comments on closed
session matters. The City Clerk shall be present in the open session to
record Council attendance and any statements made during oral
communications or by the Council.
3) Vote to Go Into Closed Session. The Council shall vote to go into closed
session.
4) Attendance
The City Manager and City Attorney, or their designees, shall attend closed
sessions unless it is necessary to excuse them. Only such additional staff
shall attend as are necessary and then only if the legal privileges of
confidentiality obtained in an executive session are not waived.
5) Public Reports
State Law and a Palo Alto initiative require the Council to make a public
report after a closed session when certain kinds of actions are taken.vii
Reports from closed sessions shall be made by the Mayor, the Vice Mayor
in the Mayor's absence, or such other City representative as designated by
the Council or its committees. Such designated person is the only individual
authorized to make public statements concerning the closed session.
It is the policy of the City Council to inform the public of action taken in
closed session to the greatest extent possible. It is recognized, however,
that the need for confidentiality is inherent in closed sessions and that
certain matters if revealed may be a detriment to the results desired. The
Council shall publicly report: (a) any decision to appoint, employ, or dismiss
a public employee and the roll call vote thereon at its next public meeting,
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(b) actions related to litigation and the roll call vote on such actions, unless
the report would, in the written opinion of the City Attorney for specifically
stated reasons, clearly jeopardize the city’s ability to effectuate service of
process on one or more unserved parties or impair the city’s ability to
resolve the matter through negotiation, mediation or other form of
settlement. Notwithstanding the City Attorney's written opinion, the Council
may under any circumstance, by majority vote, determine that it is in the
City's best interests to disclose actions taken in closed session related to
litigation. The public report shall be given as soon as possible, but no later
than the next regular meeting, and shall include the vote or abstention of
every member present. The City Attorney’s written opinion shall be made
public, along with any action taken and any vote thereon, as soon as any
litigation is concluded. The City Attorney shall record any action and vote
upon such forms as the City Attorney may deem desirable.
6) No Minutes
No minutes of closed sessions shall be kept. The City Attorney shall record
the information necessary to comply with state law and the Palo Alto
initiative.
7) Confidentiality
No person in attendance at a closed session may disclose the substance or
effect of any matter discussed during the session.viii
U. Motions, Debate & Voting
1) Policy
It is the policy of the Council to follow simplified rules of parliamentary
procedure for motions, debate and voting. These rules focus on the types
of motions the Council can debate and when those motions are properly
used.
2) Purpose
The purpose of these rules to facilitate orderly and thorough discussion and
debate of Council business. These rules shall not be applied or used to
create strategic advantage or unjust results.
3) Summary of Rules
Palo Alto does not follow Roberts Rules of Order. See the Summary Table
below.
V. Motions
A motion is a formal proposal by a Council Member asking that the Council take a
specified action. A motion must receive a second before the Council can consider
a matter. Matters returning to the Council with unanimous approval from a standing
committee will be introduced without a motion if directed by the committee. Motions
may be provided to the City Clerk in advance of the City Council meeting so that the
Clerk can efficiently post the motion on the screen for the convenience of the
community and Council Members.
1) Types of Motions
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There are two kinds of motions. These are the “main” motion and any
secondary motions. Only one main motion can be considered at a time.
2) Procedure:
• Get the Floor
A Council Member must receive the permission of the Mayor (or
other presiding officer) before making a motion.
• State the Motion
A motion is made by a Council Member (the “maker”) stating his or
her proposal. Longer proposals can be written and may be in the
form of a resolution.
• Second Required
Any other Council Member (including the presiding officer) who
supports the proposal (or who simply wishes it to be considered)
may “second” the motion without first being recognized. A motion to
raise a question of personal privilege does not require a second.
• Motion Restated
The Mayor should restate the motion for the record, particularly if it
is long or complex.
• Lack of a Second
If there is no second stated immediately, the Mayor should ask
whether there is a second. If no Council Member seconds the
motion the matter will not be considered.
• Discussion
The maker shall be the first Council Member recognized to speak on
the motion if it receives a second. Generally Council Members will
speak only once with respect to a motion. If the Mayor or Council
permits any Council Member to speak more than once on a motion,
all Council Members shall receive the same privilege.
• Secondary Motions
Secondary motions may be made by a Council Member upon
getting the floor.
• Action
After discussion is complete the Council will vote on the motion
under consideration.
3) Precedence of Motions
When a motion is before the Council, no new main motion shall be
entertained. The Council recognizes the following secondary motions which
may be considered while a main motion is pending. These motions shall
have precedence in the order listed below. This means that a secondary
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motion that is higher on the list will be considered ahead of a pending
secondary motion that is lower on the list:
• Fix the time to which to adjourn;
• Adjourn;
• Take a recess;
• Raise a question of privilege;
• Lay on the table;
• Previous question (close debate);
• Limit or extend limits of debate;
• Motion to continue to a certain time;
• Refer to committee;
• Amend or substitute;
4) Secondary Motions Defined
The purpose of the allowed secondary motions is summarized in the
following text and table.
• Fix the time to which to adjourn
This motion sets a time for continuation of the meeting. It requires a
second, is amendable and is debatable only as to the time to which
the meeting is adjourned.
• Adjourn
This motion ends the meeting or adjourns it to another time. It
requires a second and is not debatable except to set the time to
which the meeting is adjourned, if applicable. A motion to adjourn
shall be in order at any time, except as follows: (a) when repeated
without intervening business or discussion; (b) when made as an
interruption of a member while speaking; (c) when the previous
question has been ordered; and (d) while a vote is being taken.
• Take a recess
This motion interrupts the meeting temporarily. It is amendable, but
is not debatable.
• Raise a question of personal privilege
This motion allows a Council Member to address the Council on a
question of personal privilege and shall be limited to cases in which
the Council Member's integrity, character or motives are questioned,
or when the welfare of the Council is concerned. The maker of the
motion may interrupt another speaker if the presiding officer
recognizes the "privilege." The motion does not require a second, is
not amendable and is not debatable.
• Lay on the table
This motion is used to interrupt business for more urgent business.
A motion to lay on the table requires a second, is not amendable
and is not debatable. It shall preclude all amendments or debate of
the subject under consideration. If the motion prevails, and the
subject is tabled, the matter must be reagendized in the future if
further consideration is to be given to the matter.
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• Previous question
This motion “calls the question” by closing debate on the pending
motion. A motion for previous question requires a second, is not
debatable and is not amendable. It applies to all previous motions
on the subject unless otherwise specified by the maker of the
motion. If motion for previous question fails, debate is reopened; if
motion for previous question passes, then vote on the pending
motion. A motion for previous question requires a two-thirds vote of
those Council Members present and voting.
• Limit or extend debate
This motion limits or extends the time for the Council or any Council
Member to debate a motion. It requires a second, is amendable and
is not debatable. The motion requires a two-thirds vote of those
Council Members present and voting.
• Continue to a certain time
This motion continues a matter to another, specified time. It requires
a second, is amendable and is debatable as to propriety of
postponement and time set.
• Refer to a city agency, body, committee, board, commission or officer
This motion sends a subject to another city agency, body,
committee, board, commission or officer for further study and report
back to Council, at which time subject is fully debated. It requires a
second, is amendable, and is debatable only as to the propriety of
referring. The substance of the subject being referred shall not be
discussed at the time the motion to refer is made.
• Amend or substitute
This motion changes or reverses the main motion. It requires a
second, is amendable, and is debatable only when the motion to
which it applies is debatable. A motion to amend an amendment is
in order, but one to amend an amendment to an amendment is not.
An amendment modifying a motion is in order but an amendment
raising an independent question or one that is not germane to the
main motion shall not be in order. Amendments take precedence
over the main motion and the motion to postpone indefinitely.
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Motion Description 2nd
Required Debatable Amendable 2/3 Vote
Fix the time to which to
adjourn Sets a next date and time for continuation of the meeting X Only as to time to which
the meeting is adjourned X
Adjourn
Sets time to adjourn. Not in order if (a) repeated without
intervening business (b) made as an interruption of a
member while speaking; (c) the previous question has
been ordered; and (d) while a vote is being taken
X
Only to set the time to
which the meeting is
adjourned
Take a recess Purpose is to interrupt the meeting X X
Raise a question of privilege
Lay on the table Interrupts business for more urgent business X
Previous question (close
debate or “call the question”) Closes debate on pending motion X X
Limit or extend limits of
debate Purpose is to limit or extend debate X X X
Motion to continue to a
certain time Continues the matter to another, specified time X X X
Refer to committee
Sends subject to another city agency, body, committee,
board, commission or officer for further study and report
back to council, at which time subject is fully debated
X
Only as to propriety of
referring, not substance
of referral
X
Amend or substitute
Modifies (or reverses course of) proposed action. Cannot
raise independent question. Can amend an amendment,
but no further
X Only if underlying motion
is debatable X
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W. Debate and Voting
1) Presiding officer to state motion
The presiding officer shall assure that all motions are clearly stated before
allowing debate to begin. The presiding officer may restate the motion or may
direct the City Clerk to restate the motion before allowing debate to begin.
The presiding officer shall restate the motion or direct the City Clerk to restate
the motion prior to voting.
2) Presiding officer may debate and vote
The presiding officer may move, second and debate from the chair, subject
only to such limitations of debate as are by these rules imposed on all Council
Members. The presiding officer shall not be deprived of any of the rights and
privileges of a Council Member.
3) Division of question
If the question contains two or more divisible propositions, each of which is
capable of standing as a complete proposition if the others are removed, the
presiding officer may, and upon request of a member shall, divide the same.
The presiding officer's determination shall be appealable by any Council
Member.
4) Withdrawal of motion
A motion may not be withdrawn by the maker without the consent of the
Council Member seconding it.
5) Change of vote
Council Members may change their votes before the next item on the agenda
is called.
6) Voting
On the passage of every motion, the vote shall be taken by voice or roll call or
electronic voting device and entered in full upon the record.
7) Silence constitutes affirmative vote
Council Members who are silent during a voice vote shall have their vote
recorded as an affirmative vote, except when individual Council Members
have stated in advance that they will not be voting.
8) Failure to vote
It is the responsibility of every Council Member to vote unless disqualified for
cause accepted by the Council or by opinion of the City Attorney. No Council
Member can be compelled to vote.
9) Abstaining from vote
Council Members should only abstain if they are not sufficiently informed
about an item, e.g. when there was a prior hearing and they were unable to
view the prior meeting before the current meeting. In the event of an
abstention the abstainer in effect, "consents" that a majority of the quorum of
the Council Members present may act for him or her.
City Council Protocols and Procedures Handbook
________________________________________________________________
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10) Not participating
A Council Member who disqualifies him or herself pursuant to the Political
Reform Act of 1974 because of any financial interest shall disclose the nature
of the conflict and may not participate in the discussion or the vote. A Council
Member may otherwise disqualify him or herself due to personal bias or the
appearance of impropriety.
11) Tie votes
Tie votes may be reconsidered during the time permitted by these rules on
motion by any member of the Council voting aye or nay during the original
vote. Before a motion is made on the next item on the agenda, any member
of the Council may make a motion to continue the matter to another date.
Any continuance hereunder shall suspend the running of any time in which
action of the City Council is required by law. Nothing herein shall be
construed to prevent any Council Member from agendizing a matter that
resulted in a tie vote for a subsequent meeting.
12) Motion to reconsider
A motion to reconsider any action taken by the Council may be made only
during the meeting or adjourned meeting thereof when the action was taken.
A motion to reconsider requires a second, is debatable and is not amendable.
The motion must be made by one of the prevailing side, but may be seconded
by any Council Member. A motion to reconsider may be made at any time
and shall have precedence over all other motions, or while a Council Member
has the floor, providing that no vested rights are impaired. The purpose of
reconsideration is to bring back the matter for review. If a motion to
reconsider fails, it may not itself be reconsidered. Reconsideration may not
be moved more than once on the same motion. Nothing herein shall be
construed to prevent any Council Member from making a motion to rescind
such action at a subsequent meeting of the Council.
13) Appeal from the decision of presiding officer
When the rules are silent, the presiding officer shall decide all questions of
order, subject to appeal by a Council Member. When in doubt, the presiding
officer may submit the question to the Council, in which case a majority vote
shall prevail. Any decision or ruling of the presiding officer may be appealed
by request of any member. The presiding officer shall call for a roll call or
electronic voting device vote to determine if the presiding officer's ruling shall
be upheld. If said vote passes or results in a tie vote, the presiding officer's
ruling shall stand. If said vote fails, the decision or ruling of the presiding
officer is reversed.
14) Getting the floor; improper references to be avoided
Every Council Member desiring to speak shall address the chair and, upon
recognition by the presiding officer, every Council Member shall be confined
to the question under debate, avoiding all indecorous language and personal
attacks.
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15) Interruptions
Except for being called to order, a Council Member once recognized, shall not
be interrupted when speaking, except as otherwise provided for in these rules.
A Council Member called to order while speaking shall cease speaking until
the question or order is determined, and, if in order, said Council Member
shall be permitted to proceed.
X. Quasi-Judicial/Planned Community Hearings
Policy
It is the policy of the Council to assure that the due process rights of all persons are
protected during City hearings. A “quasi-judicial” hearing is a hearing that requires
a higher level of procedural due process because of the potential impact on life,
liberty or property. Usually, quasi-judicial/planned community hearings involve a
single parcel of land and apply facts and evidence in the context of existing law.
Findings must be stated to explain the evidentiary basis for the Council’s decision.
Purpose
These rules are intended to assure that City Council decision making on quasi-
judicial/planned community matters is based upon facts and evidence known to all
parties and to support the role of Boards and Commissions in making independent
recommendations to Council.
General Requirements
For purposes of this Section IV, a Quasi-Judicial or Planned Community
Development Project subject to these rules is a formulated plan to go forward with a
particular project or development.
1) Quasi-Judicial/Planned Community Proceedings Defined
Quasi-judicial/planned community proceedings subject to these procedural
rules include hearings involving the following matters:
• Conditional Use Permits
• Variances
• Home Improvement Exceptions
• Design Enhancement Exceptions
• Subdivisions, other than final map approvals
• Architectural Review
• Assessment protest hearings
• Other matters as determined by the City Attorney
• Appeals related to any of the above
• Environmental Review relating to any of the above
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2) Restrictions on Council Communications Outside of Quasi-Judicial and
Planned Community Zone Hearings
It is the policy of the Council to discourage the gathering and submission of
information by Council Members outside of any noticed public meeting, prior
to final recommendations by the Architectural Review Board or Planning &
Transportation Commission. The following procedural guidelines are intended
to implement this policy, but shall not be construed to create any remedy or
right of action.
3) Identification of Quasi-Judicial/Planned Community Matters
The City Attorney, in conjunction with the City Clerk and City Manager, will
identify agenda items involving quasi-judicial/planned community decisions on
both the tentative and regular Council agendas. This identification is intended
to inform the Council, interested parties, and the public that this policy will
apply to the item.
4) Council to Track Contacts
Council Members will use their best efforts to track contacts pertaining to such
identified quasi-judicial/planned community decision items. Contacts include
conversations, meetings, site visits, mailings, or presentations during which
substantial factual information about the item is gathered by or submitted to
the Council Member.
5) Disclosure
When the item is presented to the Council for hearing, Council Members will
disclose any contacts which have significantly influenced their preliminary
views or opinions about the item. The disclosure may be oral or written, and
should explain the substance of the contact so that other Council Members,
interested parties, and the public will have an opportunity to become apprised
of the factors influencing the Council's decision and to attempt to controvert or
rebut any such factor during the hearing. Disclosure alone will not be deemed
sufficient basis for a request to continue the item. A contact or the disclosure
of a contact shall not be deemed grounds for disqualification of a Council
Member from participation in a quasi-judicial/planned community decision
unless the Council Member determines that the nature of the contact is such
that it is not possible for the Council Member to reach an impartial decision on
the item.
6) No Contacts after Hearings
Following closure of the hearing, and prior to a final decision, Council
Members will refrain from any contacts pertaining to the item, other than
clarifying questions directed to City staff.
7) Written Findings Required
On any matter for which state law or City ordinance requires the preparation
of written findings, the staff report and other materials submitted on the matter
will contain findings proposed for adoption by the Council. Any motion directly
or impliedly rejecting the proposed findings must include a statement of
alternative or modified findings or a direction that the matter under
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consideration be continued for a reasonable period of time in order for staff to
prepare a new set of proposed findings consistent with the evidence which
has been presented and the decision which is anticipated.
8) Rules of Evidence
Council hearings need not be conducted according to formal rules of
evidence. Any relevant evidence may be considered if it is the sort of
evidence upon which responsible persons rely in the conduct of serious
affairs. The presiding officer may exclude irrelevant or redundant testimony
and may make such other rulings as may be necessary for the orderly
conduct of the proceedings while ensuring basic fairness and full
consideration of the issues involved. Evidentiary objections shall be deemed
waived unless made in a timely fashion before the Council.
9) Burden of Proof
The applicant and appellant shall bear the burden of proof on all aspects of
the action or relief they seek. The person with the burden of proof must offer
evidence to the Council to support his or her position.
10) Council Members Who are Absent During Part of a Hearing
A Council Member who is absent from any portion of a hearing conducted by
the Council may vote on the matter provided that he or she has watched or
listened to a video or radio broadcast, or video or audio recording, of the
entire portion of the hearing from which he or she was absent and if she or he
has examined all of the exhibits presented during the portion of the hearing
from which he or she was absent and states for the record before voting that
the Council Member deems himself or herself to be as familiar with the record
and with the evidence presented at the hearing as he or she would have been
had he or she personally attended the entire hearing.
11) Appeals
Appeals to the Council shall be conducted de novo, meaning that new
evidence and arguments may be presented and considered. All matters in
the record before any other City board, commission or official shall be part of
the record before the Council.
Y. Standing Committees
Policy
It is the policy of the Council to use standing committees in open and public
meetings to study City business in greater depth than what is possible in the time
allotted for Council meetings.
Purpose
These rules are intended to enhance public participation and committee meetings
so that the best possible decisions can be made for Palo Alto.
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General Requirements
Council standing committees shall be subject to the following procedural rules:
1) Quorum
A majority of the committee membership shall constitute a quorum.
2) Referrals
Only the Council or City Manager shall make referrals to the standing
committees. Referrals will generally be directed to only one of the standing
committees. Items may be withdrawn from the committee and taken up for
consideration by the Council at any Council meeting with the consent of a
majority of the Council, and subject to any applicable noticing or agenda
posting requirements. Council members who submit matters to the Council
which are referred to a standing committee may appear before the standing
committee to which the referral has been made in order to speak as
proponents of the matter. Standing committee meetings during which such
referrals may be considered shall be noticed as Council meetings for the
purpose of enabling the standing committee to discuss and consider the
matter with a quorum of the Council present.
3) Function of committees
The purpose and intent of committee meetings is to provide for more thorough
and detailed discussion and study of prospective or current Council agenda
items with a full and complete airing of all sentiments and expressions of
opinion on city problems by both the Council and the public, to the end that
Council action will be expedited. Actions of the committee shall be advisory
recommendations only.
4) Minutes
The City Clerk shall be responsible for the preparation and distribution to the
Council of the minutes of standing committee meetings. The minutes for
these meetings shall be sense Action minutes which reflect the motions made
during these meetings. The minutes shall be delivered to all Council
Members before the Council meeting at which the committee's
recommendations are to be discussed.
5) Report of committee
The minutes of each committee meeting shall serve as the report to the
Council. Any member may write a separate report.
6) Agenda
The chairperson of each standing committee shall work with staff to prepare
the agenda for committee meetings, the sequence of study being, within
reasonable limits of practicality, the same as the sequence of referral.
7) Public Participation
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Public comment on agenda items will be limited to a maximum of five
minutes per speaker, or any alternate time limit specified by the presiding
officer.
8) Conduct of standing committee meetings
The chairperson of each committee may conduct meetings with as much
informality as is consistent with Council procedural rules, which shall also be
in effect during committee meetings. The views of interested private citizens
may be heard in committee meetings, but in no case shall a committee
meeting be used as a substitute for public hearings required by law.
9) Oral Communications
Opportunities for oral communications shall be provided in the same
manner as Council meetings.
Z. Ad Hoc Committees and Committee as a Whole
Policy
The Council may use Ad Hoc Committees or the Committee as a Whole on a
limited basis where necessary to study City business in greater depth than what is
possible in the time allotted for Council and Standing Committee meetings.
Purpose
These rules are intended to clarify the distinctions between Standing, and Ad Hoc
Committees, and the Committee as a Whole and to set up guidelines for creation of
Ad Hoc Committees and the Committee as a Whole.
General Requirements
Council Ad Hoc Committees and the Committee as a Whole shall be subject to the
following procedural rules:
1) Definition of Ad Hoc Committee
An Ad Hoc Committee is an advisory committee composed solely of less than
a quorum of members of the Council. The work of an Ad Hoc Committee is
limited to a single finite purpose. By contrast, a Standing Committee has
continuing subject matter jurisdiction extending for a lengthy time period
and/or a meeting schedule fixed by charter, ordinance, resolution, or formal
action of the Council.
2) Definition of Committee as a Whole
A Committee as a Whole is a committee composed of the entire City Council.
The work of the Committee as a Whole is limited to a single finite purpose.
3) Brown Act
Ad Hoc Committees do not constitute legislative bodies and are not subject to
the requirements of the Brown Act. The Committee as a Whole is subject to
the Brown Act.
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4) Appointment
The Mayor or the City Council may appoint fourthree or lessfewer members of
the Council to serve on an Ad Hoc Committee. In contrast, only the Council
and not the Mayor alone can create a Standing Committee. The Mayor will
publicly announce any Ad Hoc Committee created by him or her, its
membership and stated purpose and postedthis information on the City
Council website. The City Manager shall prepare a report to Council about the
anticipated time commitment required for staff to assist the Ad Hoc
Committee.
5) Duration
Ad Hoc Committees are created for a finite period of time. If an Ad Hoc
Committee does not complete its task by the end of the calendar year, it shall
not continue unless reappointed by the new Mayor in the following year.
6) Members
Ad Hoc Committees shall consist of less than a quorum of Council members
only, and shall not include any other persons such as members of other
legislative bodies.
7) Reporting
Ad Hoc Committees shall report their recommendations to the Council no less
than once per quarter in writing or orally. Any Council Member may during
the COUNCIL MEMBER QUESTIONS, COMMENTS AND
ANNOUNCEMENTS request that an updated Ad Hoc Committee report be
placed on the next meeting’s agenda.
8) Termination of Ad Hoc Committee by Majority of Council
A majority of the Council may vote to terminate any Ad Hoc Committee
following placement of the issue on an agenda.
9) Conclusion
A public announcement shall be made any time the Ad Hoc Committee has
concluded its work and/or upon dissolution.
2.5 - Election of Mayor
Palo Alto Municipal Code Section 2.04.060 governs the election of the Mayor.
Nominations for Mayor may be made by any individual Council Member and do not
require a second.
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CITY COUNCIL PROTOCOLS
The handbook is organized into eight sections to serve as guidelines:
1) Core Responsibilities
2) Council Conduct
3) Other Procedural Issues
4) Policy & Services Committee – Role, Purpose & Work Planning
5) Enforcement
6) City Council Emails for Agenda-Related Items
7) City Council and Board and Commissions Policy for Travel and
Miscellaneous Expense Reimbursement, March 2006_______ 2020
8) City of Palo Alto Council Protocols Ethics Addendum
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SECTION 1 - CORE RESPONSIBILITIES
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:
A. Demonstrate honesty and integrity in every action and statement
B. Comply with both the letter and spirit of the laws and policies affecting the
operation operations of government.
C. Serve as a model of leadership and civility to the community
D. Inspire public confidence in Palo Alto government
E. Work for the common good, not personal interest
F. Prepare in advance of Council meetings and be familiar with issues on the
agenda
G. Fully participate in City Council meetings and other public forums while
demonstrating respect, kindness, consideration, and courtesy to others
H. Participate in scheduled activities to increase Council effectiveness
I. Review Council procedures, such as these Council Protocols, at least annually
J. Represent the City at ceremonial functions at the request of the Mayor
K. Be responsible for the highest standards of respect, civility and honesty in
ensuring the effective maintenance of intergovernmental relations
L. Respect the proper roles of elected officials and City staff in ensuring open and
effective government
M. Provide contact information to the City Clerk in case an emergency or urgent
situation arises while the Council Member is out of town
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SECTION 2 - COUNCIL CONDUCT
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.
2.1 – Public Meetings
A. 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.
B. 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.
C. 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.
D. 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.
2.2 - Private Encounters
A. 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.
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2.3 – 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.
A. 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.
B. Channel Communications through 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.
C. 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).
D. 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
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made directly to these CAOs through private correspondence or
conversation.
E. 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.
F. 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.
G. 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.
H. 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.
I. 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.
J. 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.
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2.4 - 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:
A. 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 make a point to clearly
state it is an individual opinion and not a representation of the feelings of the
entire City Council.
B. Refrain from Lobbying Board and Commission Members.
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.
C. Remember that Boards and Commissions are Advisory to the Council as a
Whole, not as 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 unduly influence Board and Commission members. A Board
and Commission appointment should not be used as a political reward.
D. Concerns about an Individual Board or Commission Member Should be
Pursued with Tact.
If a Council Member has concerns with a particular Board or Commission
member fulfilling his or her roles and responsibilities 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 may address the issue to the Council as
appropriate.
E. 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
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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.
F. 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.
G. Maintain an Active Liaison Relationship.
Appointed Council liaisons or alternates are encouraged to attend all
regularly scheduled meetings of their assigned Board or Commission.
2.5 - Staff Conduct with City Council
A. 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.
B. 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
C. Demonstrate Professionalism and Non-Partisanship in all Interactions with
the Community and in Public Meetings.
D. It is Important for the Staff to Demonstrate Respect for the Council at all
Times. All Council Members Should be Treated Equally.
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SECTION 3 - OTHER PROCEDURAL ISSUES
3.1 – 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.
3.2 – Don’t Politicize Procedural Issues (e.g. Minutes Approval or Agenda
Order) for Strategic Purposes
3.3 – Submit Questions on Council Agenda Items Ahead of the Meeting
In order to focus the Council meetings on consideration of policy issues and to maintain
an open forum for public discussion, questions which focus on the policy aspects of
agenda items should be discussed at the Council meeting rather than in one-on-one
communications with staff prior to the meetings. Any clarifications or technical questions
that can be readily answered can be handled before the meeting. Council Members are
encouraged to submit their questions on agenda items to the appropriate Council
Appointed Officer or City Manager by 5:00 p.m. the Wednesday prior to the meeting. as
far in advance of the meeting as possible so that staff can be prepared to respond
before or at the Council meeting. More detailed procedures relating to agenda questions
can be found in the addendum to these protocols titled “Policy and Procedures for
Council E-mails for Agenda Related Items.”
3.4 - Submittal of Materials Directly to Council
If Council receives planning application materials related to agenda item matters they
will notify the City Clerk and the City Manager as soon as possible.
3.5 - Late Submittal of Correspondence or Other Information Related to
Planning Applications
In order to allow for adequate Staff review and analysis, and to ensure public access to
information, all plans, correspondence, and other documents supporting planning
applications being heard by the City Council must be submitted to staff not later than noon
five working days prior to the release of the Council Agenda Packet. If any correspondence
or other information is submitted after this deadline to Council Members or staff, and Staff
determines additional review is needed Staff will reschedule the item for a future Council
meeting. If a Council member receives planning application materials from a project
applicant he or she shall notify the City Clerk and the City Manager as soon as possible.
There are no restrictions on the rights of applicants or others to comment or respond to
information contained within the Staff Report. At the meeting the City Council may
determine whether to continue or refer the item to the appropriate Board and/or
Commission if significant changes to a project or significant new information become
known. Nothing in this statement is intended to restrict the rights of applicants or other
interested parties to respond to information contained in or attached to a Staff Report.
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*For all purposes, applicant also refers to applicant agent.
3.6 – 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. If a matter is
taken forward to the full Council for approval and it receives a unanimous vote at
Committee, the item will be placed on the Consent Calendar unless otherwise
recommended by the Committee, Mayor or staff. , City Attorney or City Manager if any of
these entities believe the item is of significant public interest.
3.7 – 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) to plan how the
meeting will be conducted; including review of approximate time allocation of staff report
presentations and to ensure adequate time for large complex items; 2) to identify any
issues or questions that may need greater staff preparation for the meeting; and 3) to
discuss future meetings. Consideration in building the agenda should be given to the
potential length of the meeting and at what point items of significant public concern may
be heard.
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, and Department Managers. The Mayor and Vice Mayor’s role is to
represent the interest of the entire Council. Consideration in building the agenda should
be given to the potential length of the meeting and at what point items of significant
public concern may be heard.
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SECTION 4 - POLICY & SERVICES COMMITTEE – ROLE,
PURPOSE, & WORK PLANNING
The Municipal Code states that the role of the Council Policy & Services Committee is
to:
…consider and make recommendations on matters referred to it by the council
relating to parliamentary and administrative procedures and policy matters
pertaining to intergovernmental relations, personnel policies, planning and
zoning, traffic and parking, public work, and community and human services.
(§2.04.220)
In 2009 and 2010, the Council reviewed the purpose and structure of the Committee and
adopted recommendations on several items related to this. This section documents
these agreements related to the Committee.
Purpose Statement: The purpose of the Policy & Services Committee is to review and
identify important community issues and City policies and practices to ensure good
public policy.
The Committee shall consider and make recommendations to Council on matters
relating to parliamentary, and administrative protocols, procedures and policy matters.
SECTION 5 - 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.
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SECTION 6 - CITY COUNCIL E-MAILS FOR AGENDA-RELATED
ITEMS
6.1 - Policy
The Council adopted protocols provide a framework for the policy on e-mail
communications between Council Members and Staff on agenda-related items, including
the following:
A. 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)
B. Submit questions on Council agenda items ahead of the meeting, In order to
focus the Council meetings on consideration of policy issues and to maintain
an open forum for public discussion, questions which focus on the policy
aspects of agenda items should be discussed at the Council meeting rather
than in one-on-one communications with Staff prior to the meetings. Any
clarifications or technical questions that can be readily answered can be
handled before the meeting. Council Members are encouraged to submit their
questions on agenda items to the appropriate Council Appointed Officer or
City Manager as far in advance of the meeting as possible so that Staff can
be prepared to respond at the Council meeting.
In its settlement agreement with the San Jose Mercury News of February 2003, the City
Council agreed to consider a policy under which the Council would waive any
deliberative or other privilege, other than attorney-client privilege, that it might assert with
regards to e-mails on agendized items. This policy and procedure implements that
agreement. The Council, in adopting this policy, does not waive attorney-client-privilege
or any other privilege associated with a closed session authorized under the Brown Act.
6.2 - Procedure
A. Council Members should direct any questions on staff reports to the City
Manager or designee. Questions on reports from the City Auditor, City
Attorney, or City Clerk should be directed to the appropriate Council
Appointed Officer. Council Members should not direct any questions on
agenda items to other members of the City Manager’s Staff or the Staff of the
other Council Appointed Officers.
B. Council Members will should submit questions on agenda items no later than
9 a.m. 5:00 p.m. on the Monday Wednesday prior to of the Council meeting
at which the item will be discussed. Staff will make best reasonable efforts to
post written responses to timely-submitted questions by Thursday 5:00 p.m.
Any questions received after that time 5:00 p.m. on the Wednesday before
the meeting may be responded to via e-mail, or alternatively, will be
responded to at the Council meeting.
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C. Staff will not engage in “dialogues” with individual Council Members regarding
questions, i.e. follow-up questions to initial questions will be responded to at
the Council Meeting.
D. Staff will give highest priority to responding prior to the Council meeting via e-
mail only on items on the Consent Calendar. Questions which address the
policy aspects of the item on the Council agenda will not be responded to
prior to the meeting, although Staff welcomes such questions in advance of
the meeting in order to prepare for the Council and public discussion.
Technical and clarifying questions on non-Consent Calendar items will be
responded to as time permits.
E. If the Staff will be responding to a Council Members Consent Calendar
question at the meeting rather responding to the question via e-mail, Staff will
inform the Council Member as early as possible after receipt of the
question(s).
F. Questions and all Staff-prepared responses will be forwarded to all Council
Members as well as put up on the special web page created for public review
of Council agenda questions and Staff responses. Staff will include the name
of the Council Member posing the questions in the “subject” field of the e-mail
response.
G. Written copies of all Council Member agenda questions and Staff responses
will be at Council places at the meeting; additionally copies will be made
available in the Council Chambers for members of the public.
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SECTION 7 - CITY COUNCIL AND BOARDS AND COMMISSSIONS
POLICY FOR TRAVEL AND MISCELLANEOUS EXPENSE
REIMBURSEMENT, March 2006______ 2020
GENERAL CONSIDERATIONS
This policy is set by the City Council and applies to Council Members and to Board and
Commissions members, who will be referred to as “Officials” in the policy. In
reimbursing travel and miscellaneous expenses, a municipal purpose requiring the
expenditure of public funds must be in evidence; also, in accord with the Charter and
Municipal Code, such expenditures must be from authorized appropriations.
7.1 - Eligible Activities
The following activities (“Eligible Activities”) are recognized by the Council as advancing
municipal purposes and are eligible for expense reimbursement, subject to limitations on
activities and specific and total expenditures described elsewhere in this policy:
A. Communicating with representatives of regional, state and national
government on adopted city policy positions;
B. Attending educational seminars designed to improve officials’ skill and
information levels;
C. Participating in regional, state and national organizations whose activities
affect the city’s City’s interest;
D. In collaboration with city City staff, implementing a city-approved strategy for
attracting or retaining businesses to the city City.
All other expenditures require prior approval by the City Council at a regular or special
meeting.
7.2 - Out-of-Town Conferences or Meetings
A. Reimbursement
All payments for travel and meetings shall be on the basis of either
reimbursement of expenses advanced by the Council Member/Official or
payments made directly to travel agencies/websites, hotels, airlines or the
organization sponsoring the meeting. All requests for payments or
reimbursements must be accompanied by supporting vouchers, invoices or paid
detailed receipts and a copy of descriptive literature about the conference or
meeting. The City Clerk, Mayor or Chair for Officials must approve, in advance,
individual travel requests for out-of-town meetings and conferences, e.g., Annual
League of California Cities Conference, National League of Cities Conference,
etc., including Eligible Activates. [Beth has been approving travel] Allowable
expenses for local or Bay Area Eligible Activates do not require prior approval by
the Mayor or Chair.
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The total reimbursement shall not exceed the budget adopted by the Council for
this purpose.
All reimbursements shall comply with the limits of Policy and Procedures 1-02
(Citywide Travel Policy).
Expense reports should be submitted within 30 days of end of trip. Inability to
provide such documentation in a timely fashion may result in expense being
borne by the Council Member or Official.
B. Meals and Incidentals
Notwithstanding the preceding general policy regarding reimbursement, a
Council Member or Official may submit a payment request (supported by
conference literature) for advance payment of meals and incidentals allowance
according to the Internal Revenue Service authorized mileage reimbursement
rate and payment for meals and incidentals consistent with City Policy and
Procedures 1-02. If the amount advanced is exceeded, additional reimbursement
may be requested upon return from the meeting. Requests for additional
reimbursement must be supported by a detailed report and receipts for all meals
and incidentals. The Mayor shall pre-approve additional reimbursements, and if
the expenses are determined to be excessive, they may not be approved.
The City will provide a per diem (“per day”) allowance for meals and incidentals
to Council Members or Officials who are approved to travel overnight for official
City business. Council Members or Officials will receive a flat rate for meals and
will not be required to submit receipts.
The per diem rate varies and is dependent on the destination of travel. The rates
for the various travel destinations are available on the U.S. General Services
Administration website (http://www.gsa.gov/portal/content/104877). When meals
are provided at an event, the value of that meal will be deducted from the daily
per diem rate. Travelers will receive 75% of the daily per diem amount on days
requiring transportation to and from the location (i.e., departure day and return
day) regardless of departure and arrival times. Meals provided on days of travel
shall be deducted at full-value.
Incidental Expenses
Incidental expenses related to City business shall be reimbursed at cost as
supported by submitted receipts. Incidental expenses may include hotel parking
charges, Internet connection services, and telephone charges.
The actual costs for parking will be reimbursed when approval to use a personal
vehicle or rental car is obtained in advance. Council Members or Officials should
use the lowest cost alternative for parking within a reasonable area from the
destination. Internet connection services purchased to conduct City business are
reimbursable. Other charges on the hotel bill, such as pay-TV movies, cleaning,
laundry, room service charges or charges for additional guests are not
reimbursable.
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C. Lodging Expense
Council Members or Officials shall select single occupancy, standard, non-deluxe
accommodations and should stay at hotels offering economical lodging rates.
When possible, travelers attending a conference or seminar should stay at
conference hotels, which offer a negotiated rate.
The City will not reimburse any cost related to the extension of a hotel stay
beyond the time necessary to complete the event. An out-of-state trip involving
cross-county travel may require hotel accommodations both before and after the
conference or training. Within California and adjoining states, an extra night’s
hotel stay should not be necessary if flight arrangements can be made the same
day.
The use of hotels is restricted to cities located beyond 50 miles (one-way) from
the City of Palo alto or the traveler’s residence (whichever is shortest). For
example, if the destination is Sacramento and you live in Palo Alto (118 miles) or
Oakland (81 miles), you would qualify for a hotel (and per diem for meals).
However, if you live in Vacaville (35 miles) or Lodi (36 miles) you would not
qualify for a hotel.
Reimbursements or payment of hotel bills will be limited to the highest group or
governmental rate available and will cover room charges, applicable taxes and
any other item listed in this policy for the Council Member or Official. Telephone
calls to Palo Alto City Hall may be made collect. Other charges on the bill such
as Expenses incurred for extra guests of the traveler and the like are not
reimbursable.
D. Transportation
• Air Transportation
Reimbursement or payment will be limited to economy class commercial
air carrier, or an available group travel rate if lower.
Council Members or Officials shall fly economy class on the lowest flight
available for the most direct route to the final destination, which could
reasonably include scheduled layovers. Council Members or Officials are
encouraged to make air reservations as early as feasible to obtain the
greatest discount and to consider the use of alternate but nearby airports
to take advantage of the lowest fares. Extension of the trip to cover a
weekend stay to obtain a lower airfare does not entitle the Council
Member or Official to be reimbursed for the extra day’s hotel costs or
meal expenses. Council Members or Officials may use City travel to
qualify for frequent flyer credits, but the selection of an airline for a given
trip shall not be made for the purpose of accumulating such credits.
Council Members or Officials that choose to use their personal frequent
flyer miles for City business shall not be reimbursed for the value of the
tickets. If the airline charges for all checked baggage, the City will cover
the cost for one checked bag only. Excess baggage charges are not
reimbursable.
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• Rental Cars
Rental cars shall be approved if other ground transportation, such as
shuttles or taxis, is more expensive during the stay at the destination.
Only economy or compact car models may be rented unless an upgrade
is provided by the rental agency at no additional cost. Because the City is
self-insured, Council Members or Officials should decline any additional
insurance offered by the rental company. Council Members or Officials
must also decline the Fuel Purchase Options (which allows for
prepayment of a gas tank refill) and shall refuel prior to returning the
rental car. Rental car options such as GPS devices and any other extra
optional charges are not reimbursable.
The use of a rental car, in lieu of a private auto, to travel to and from an
out of town event will be reimbursed either at the current IRS mileage rate
or the car rental cost apportioned for the number of days used for City
business, whichever is less.
• Private Automobiles
Private automobiles may be used for personal or group transportation on
extended trips. Reimbursement shall be made at the current IRS mileage
rate. The distance to be reimbursed shall be measured from the place of
work and from the employee’s home, and the calculated mileage
reimbursement shall be based upon which of the two distances is shorter.
established by the Internal Revenue Service authorized mileage
reimbursement rate consistent with the City Policy and Procedures 1-02.
Mileage reimbursement for private automobiles shall not exceed the cost
of round trip air transportation (economy class) for a reservation made at
least seven days in advance of the trip. and rental car, if applicable, or an
available group travel rate if lower.
• Rental Car
Economy level only when Council Member or Official has traveled by
airplane out of the Bay Area.
• Shuttle/Taxi
When traveling out of the area.
7.3 - Local or Bay Area Activities
Council Members or Officials who have been requested or designated to represent the
City may receive the actual cost of:
A. Meals, if they are a scheduled feature of the activity, e.g., SCCCA dinner
meetings.
B. Registration fees where applicable.
C. Mileage if activity is outside the City (mileage claims should be submitted
monthly, with details: date and type of meeting, number of miles traveled to be
indicated), consistent with City Policy and Procedures 1-02.
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D. Council Members and Officials may be reimbursed by the City for use of a private
bicycle to attend local or Bay Area activities outside the City of Palo Alto
consistent with City Policy and Procedures 2-9.
7.4 - Other Expenses
A. Airport parking fees, but Council Members and Officials must use long-term
parking for travel exceeding 24 hours.
B. Meal expenses and associated gratuities must be within the limits set in City
Policy and Procedures 1-02.
C. Telephone/Fax/Cellular expenses will be reimbursed for actual expense incurred
on City business.
D. Internet Fee up to $15 per day, if a Council Member or Official is traveling on
official business and needs access for City-related business.
E. Baggage Handling Fee up to $3 per bag will be reimbursed.
F. A. Ethics Training Expenses – AB1234 requires ethics training every two years
and such fee and related expenses are eligible for reimbursement.
7.5 - Activities Not Considered Reimbursable
A. Voluntary attendance at any conference or meeting, not representing the City.
B. Meetings of social or service organizations.
C. Meetings of voter groups or with individual citizens concerned with agenda items.
D. Election campaign activities.
E. Alcohol and entertainment expenses.
F. Personal portion of the trip and other non-mileage automobile expenses.
7.6 - Reports to Council
Council Members and Officials shall provide brief verbal reports on meetings attended at
the City’s expense at the next regular Council/Board/Commission meeting. If multiple
Officials attended, a joint report may be made. All related documents are subject to the
Public Records Act and can be periodically reviewed by auditors.
7.7 - Violation of This Policy
Use of public resources or falsifying expense reports is in violation of this policy and may
result in any or all of the following:
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A. Loss of reimbursement privileges
B. A demand for restitution to the City
C. The City reporting the expenses as income to the elected or appointed Official to
state and federal tax authorities
D. Civil penalties of up to $1000 per day and three times the value of the resources
used
E. Prosecution for misuse of public resources
7.8 - Mayor and Vice Mayor Additional Compensation
The Mayor shall receive $150 monthly and the Vice Mayor $100 monthly to defray
additional expenses of these offices.
7.10 - Support Services
The City Clerk’s Office makes travel arrangements for Council Members. This service
includes conference registration, hotel reservations, per diem advances and
reimbursement of unforeseen expenses. The department liaison for each board and
commission will be responsible for arrangements for Officials.
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CITY OF PALO ALTO COUNCIL PROTOCOLS ETHICS
ADDENDUM
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.
A. 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.
B. 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.
C. 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.
D. Decisions Based on Merit
Members shall base their decisions on the merits and substance of the matter at
hand, rather than on unrelated considerations.
E. 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.
F. Gifts and Favors
It is contrary to the city of Palo Alto’s ethical standards for any council member to
accept gifts or gratuities from an individual, business, or organization doing
business, or seeking to do business, with the City or who is seeking permits or
other entitlements from the City.
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The acceptance of gifts can convey an appearance of favoritism and conflict of
interest. Gifts can be perceived as attempts to influence City operations or as
compensation for services rendered and can erode the public confidence in the
impartiality of decisions made by Council Members.
Council Members exercise good faith in carrying out this Protocol. It is
impossible to list every situation and fact pattern, so it anticipates that Council
Members will exercise their good judgment in determining whether the item is a
gift or not.
This policy is supplemental to the gift limitations of the Fair Political Practices
Commission’s Limitations and Restrictions on Gifts, Honoraria, Travel and Loans.
The following are not considered gifts under this Protocol:
• Gifts which the Council member returns (unused) to the donor, or for
which the Council Member reimburses the donor, within 30 days of
receipt.
• Gifts from a Council Member’s spouse, child, parent, grandparent,
grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law,
aunt, uncle, niece, nephew, or first cousin or the spouse of any such
person, unless he or she is acting as an agent or intermediary for another
person who is the true source of the gift.
• Minor gifts of hospitality involving food or drink, that the Council Member
receives in an individual’s home or at another location of business.
• Gifts approximately equal in value exchanged between the Council
Member and another individual on holidays, birthdays, or similar
occasions.
• Informational material provided to assist the Council member in the
performance of their official duties, including books, reports, pamphlets,
calendars, periodicals, videotapes, or free or discounted admission to
informational conferences or seminars.
• A bequest or inheritance.
• Campaign contributions.
• Personalized plaques and trophies with an individual value of less than
$250.
• Tickets to attend fundraisers for campaign committees or other
candidates, and tickets to fundraisers for organizations exempt from
taxation under Section 501(c)(3) of the Internal Revenue Code.
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• Free admission, refreshments, and similar non-cash nominal benefits
provided to the Council Member at an event at which the Council Member
gives a speech, participates in a panel or seminar, or provides a similar
service. Transportation within California, and any necessary lodging and
subsistence provided directly in connection with the speech, panel,
seminar, or similar service, are also not considered gifts.
• Passes or Tickets which provide admission or access to facilities, goods,
services, or other benefits (either on onetime or repeat basis) that the
Council Member does not use and does not give to another person.
• Wedding gifts
• A prize or award received in a bona fide competition not related to official
status.
(These exceptions are paraphrased from FPPC publications.)
• Gifts from Sister Cities or other entities, other municipalities, if forwarded
to the City.
G. 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.
H. 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.
I. 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.
J. 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.
K. 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
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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.
i Palo Alto Municipal Code, § 2.04.080(b).
ii Palo Alto Municipal Code, § 2.04.120(c); 2.04.150(b)
iii Palo Alto Municipal Code, § 2.04.010(b).
iv Palo Alto Municipal Code, § 2.04.050(a).
v Palo Alto Municipal Code, § 2.04.070(c)
vi Palo Alto Municipal Code, § 2.04.020.
vii Palo Alto Municipal Code, § 2.04.030.
viii Palo Alto Municipal Code, § 2.04.040.