HomeMy WebLinkAboutStaff Report 15019
City of Palo Alto (ID # 15019)
Policy and Services Committee Staff Report
Meeting Date: 12/13/2022 Report Type: Action Items
City of Palo Alto Page 1
Title: Review and Provide Recommendations to the City Council for Revisions
to the Council Procedures and Protocols Handbook
From: City Manager
Lead Department: City Manager
Recommendation
Staff recommends that the Policy and Services Committee discuss proposed revisions to the
Council Procedures and Protocols Handbook (CPP or Handbook) and make recommendations to
City Council for adoption.
Discussion
Staff brought an outline of a revised Handbook to the Policy and Services Committee (P&S) to
the November 3, 20221 meeting and received feedback from the Committee of proposed
changes. Staff has incorporated those outline changes and has also filled in the text accordingly
with some edits to replace duplication. Additionally, staff offers amended language or new
language regarding many topics that came up at the November 3 P&S discussion.
As a reminder, in reorganizing the Handbook outline, staff and the copyeditor approached it
with the following scope, to:
• Reorganize the document to improve the ability to find useful guidance,
• Eliminate duplication where present, and
• Update to conform with current practice and changes in law.
To assist with the P&S Committee review of this document, below is a summary guidance on
how to review the document.
No Tracked Changes:
- Staff did not track changes within the Handbook for:
o Formatting
o The relocation of text from one part of the Handbook to another
1 CMR #14400 (pdf page 35): https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-
reports/agendas-minutes/policy-and-services-committee/2022/20221103/20221103ppssm-amended.pdf
Summary Minutes: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-
minutes/policy-and-services-committee/2022/20221103/20221103smpss.pdf
City of Palo Alto Page 2
o Some grammatical changes (such as the elimination of prepositions, etc.)
o Replacement of outdated sections needing updates to conform with current
practice and changes in law (for example, the telephonic participation section).
These sections have legally mandated new language needed in the Handbook
and these changes were made in the draft Handbook with an indicator such as
like “updated to comply with law” at the section header.
Tracked Changes:
- Staff did track changes in the document for:
o Small proposed clean up language
o Section renaming
New or Replacement Language:
- For sections that propose new language or an option of a new policy, a table format is
used to show existing language and proposed new language. These tables exist
throughout the body of the Handbook. Topics covered:
o Other standing committees
o Changes to “Committee of the Whole”
o Number of times council members can attend remotely
o Colleague’s memos timing
o Council member speaking time
o Clarification on individual speaker time based on number of speakers
o Group speaker total time allocation
o Annual council priority setting guidelines inserted
o Censure
o League of California cities voting delegate
o Council conduct with other public agencies
o Use of letterhead
o Use of staff time – 1 hour rule
o Role clarity for council board/commission liaison
o Encouragement of council member reports to council
o Miscellaneous expenditures (including council discretionary funding use)
These items were recommended based on the P&S Committee review of all of the suggested
topics from the City Council included in the Supplemental Report Attachment (pdf page 103)2
from the November 3rd Meeting.
One unresolved is whether the Travel Section should be revised to reflect current practices or
simply incorporate by reference the City travel policy applicable to City employees. Assuming
the former, staff will need additional time to reconcile the policies.
2 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/policy-and-
services-committee/2022/20221103/20221103ppssm-amended.pdf (pdf page 103 is the Supplemental Report)
City of Palo Alto Page 3
Timeline, Resource Impact, Policy Implications
Staff will incorporate recommended changes to the Handbook from P&S for full City Council
discussion at its December 19th meeting. Meeting this timeline will require late distribution for
the December 19th City Council meeting.
Stakeholder Engagement
Staff solicited suggested changes from the City Council over the course of this process regarding
desired changes to the Handbook.
Environmental Review
This is not considered a project as defined by CEQA and no review is required.
Attachments:
• DRAFT CPP Handbook for P&S Discussion at 12-13-2022 Committee Meeting
DRAFT – Dec. 5, 2022
1
DRAFT FOR REVIEW As of Dec. 5, 2022
CITY COUNCIL
PROCEDURES AND PROTOCOLS
HANDBOOK
Procedures and Protocols Approved 02/01/2020 with New Table
of Contents Structure for Review
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.
DRAFT – Dec. 5, 2022
2
TABLE OF CONTENTS
(note: page numbers may be off and will be updated after
P&S draft review on Dec. 13)
SECTION TOPIC PAGE
Introduction Purpose of the Manual 5
PART I CITY COUNCIL PROCEDURES 5
1 City Council Organization and Structure 6
1.1 Annual Organization of City Council 6
1.2. Council Committees 6
2 General Procedures for City Council Meetings 10
2.1 Meeting Schedules, Agendas and Supporting Materials 11
2.2 The Mayor and Vice Mayor Should Work with Staff to Plan the
Council Meetings
12
2.3 Attendance Procedures 12
2.4 Colleagues Memos 14
3 City Council Meeting Order of the Agenda 15
3.1 Call to Order 15
3.2 Closed Sessions 15
3.3 Study Sessions 17
3.4 Special Orders of the Day 18
3.5 Agenda Changes, Additions, and Deletions 18
3.6 Oral CommunicationsGeneral Public Comment 18
3.7 Consent Agenda 18
3.8 City Manager Comments 20
3.9 Action Items 20
3.10. Council Member Questions, Comments and Announcements 20
3.11. Adjournment 20
4 Procedures At City Council Meetings 21
4.1 Council Motion and Voting Processes throughout the Agenda 21
4.2 Motion Procedures 22
4.3 Voting and Debate of Agenda Items 25
4.4 Public Hearings 28
5 How the Public Engages with the City Council 30
5.1. Public Participation During City Council Meetings 30
5.2 Access to City Council Meetings 33
6 City Council Questions on Agenda-related Items 34
6.1 Submit Questions on Council Agenda Items Ahead of the Meeting 34
6.2. City Council emails for Agenda-Related Items Policy 34
6.3 City Council emails for Agenda-Related Items Procedure 34
7 Annual Council Priority Setting Guidelines 35
8 Procedures And Protocols Review and Enforcement 37
8.1 Commit to Annual Review of Important Procedural Issues 37
8.2 Don’t Politicize Procedural Issues 37
8.3 Enforcement 37
PART II CITY COUNCIL PROTOCOLS 38
DRAFT – Dec. 5, 2022
3
1 City Council Conduct 38
1.1. Positive Workplace Environment 38
1.2. Comply with Law 38
1.3. City Council Core Responsibilities 38
1.4. General Member Conduct 39
1.5 Decisions Based on Merit 40
1.6 Advocacy 40
1.7 Council Conduct with City Staff 41
1.8 Use of Staff Time 43
2 City Council Conduct with Palo Alto Boards and Commissions 44
2.1 If Attending a Board or Commission Meeting Identify Your
Comments as Personal Views or Opinions
44
2.2 Refrain from Lobbying Board or Commission Members 44
2.3. Remember that Boards and Commissions are Advisory to the
Council as a Whole, Not Individual Council Members
44
2.4 Concerns about an Individual Board or Commission Member Should
be Pursued with Tact
44
2.5 Be Respectful of Diverse Opinions 45
2.6 Keep Political Support Away from Public Forums 45
2.7 Maintain an Active Liaison Relationship 45
2.8. Role of Council to Board ot Commission 45
3 Staff Conduct with City Council 43
3.1 Respond to the City Council as Fully and as Expeditiously as Possible 45
3.2 Respect the Role of Council members as Policy makers for the City 45
3.3. Demonstrate Professionalism and Non-Partisanship in All
Interactions with the Community and in Public Meetings
46
3.4. It is Important that Staff Demonstrate Respect for the Council at All
Times. All Council Members Should Be Treated Equally.
46
4 City Council and Boards and Commissions Policy for Travel and
Miscellaneous Expense Reimbursement
47
4.1 Eligible Activities 46
4.2 Out-of-Town Conferences or Meetings 46
4.3 Local or Bay Area Activities 47
4.4 Other Expenses 49
4.5 Activities Not Considered Reimbursable 49
4.6 Reports to Council 49
4.7 Violation of this Policy 50
4.8 Mayor and Vice Mayor Additional Compensation 50
4.9 Support Services 50
4.10 Miscellaneous Expenditures 51
5 Confidentiality, Conflicts of Interest, Gifts And Favors 51
City Council Protocols and Procedures Handbook
4
Introduction
The purpose of this City Council Procedures and Protocols Handbook is to review communicates a set of
rules through which the Palo Alto City Council conducts its business in a fair, equitable and effective
manner. The Handbook consists of two parts: Procedures describing the process through which work is
done, and Protocols that set expectations for conduct and behavior. Adoption of the Handbook is
requirement of the Palo Alto Municipal Code:.
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.
The handbook is organized in two parts:
Part I: City Council Procedures:
This section explains the basic rules for City Council meetings including public participation
guidelines.
Part II: City Council Protocols
This section explains conduct guidance for the City Council.
If a provision of this Handbook conflicts or is inconsistent with the Charter, the Municipal Code, or State
or Federal law, the Charter, Code, or State or Federal law shall govern.
City Council Protocols and Procedures Handbook
5
PART I: CITY COUNCIL PROCEDURES
SECTION 1 - CITY COUNCIL ORGANIZATION AND STRUCTURE
1.1. Annual Organization of City Council
The Palo Alto Charter, Article III, Section 8 directs Council to elect one of its members to serve as
Mayor and one as Vice-Mayor, and sets forth their duties. Palo Alto Municipal Code Section 2.04.060
provides additional detail. Mayor and Vice-Mayor are elected at the first meeting in January each
year. Nominations may be made by any Council member and do not require a second.
1.2. Council Committees
1. Standing Council 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.
General Requirements
Council standing committees shall be subject to the following procedural rules:
• Quorum
A majority of the committee membership shall constitute a quorum.
• Referrals [REWRITTEN to comply with law]
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 attend the committee meeting but only as an observer; they may not
speak or otherwise participate in the committee meeting.
City Council Protocols and Procedures Handbook
6
If Council wishes to allow members who are not serving on the committee to speak, the
meeting should be noticed as a meeting of the full Council, and all Council procedural
requirements will apply.
• Function of committees
The purpose and intent of committee meetings is to expedite Council action by providinge
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 to the full
Council, except as to matters expressly delegated to the committee by Council. Matters
requiring Council action may not be delegated (e.g., approval of contracts, employee
appointment or removal, and adoption of ordinances or resolutions).
• 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 action
minutes which reflect the motions made during these meetings. The minutes shall be
delivered to all Council mMembers before the Council meeting at which the committee's
recommendations are to be discussed.
• Report of committee
The minutes of each committee meeting shall serve as the report to the Council. Any
member may write a separate report.
• Agenda
The chairperson of each standing committee shall work with staff to prepare the agenda for
committee meetings. Items should be scheduled as they are ready, taking into account the
sequence of referral, the time required for staff research and analysis to support
committee discussions, the time-sensitivity of items, and other factors as determined by
the chair and City Manager.
• Public Participation at Committees
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. The chair shall
determine the time that each speaker is allotted during general public comment and
public comment on agendized items. The chair will typically set speaking time somewhere
between 3 and 5 minutes. If extended public participation is desired the chair may provide
for a longer period; if there are a large number of speakers or many agenda items,
speaking time may be shortened.
[The two subsections below have been deleted because they are obsolete (#8) or factored
into subsections above (#9 is now part of #7 above)]
• Conduct of standing committee meetings
The chairperson of each committee may conduct meetings with as much informality as is
City Council Protocols and Procedures Handbook
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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.
• Oral Communications
Opportunities for oral communications shall be provided in the same manner as Council
meetings.
City Council Protocols and Procedures Handbook
8
B. Standing CommitteesPolicy and Services Committee
1) Policy and Services Committee – Role, Purpose, and 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 several recommendations. This section documents Council’s motions related to the
Policy & Services 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 protocols, procedures and policy matters.
New Language: Add other Standing Committees (Finance, City Schools, and CAO)
Existing Language
None
Proposed New Language
C. Finance Committee
– Role, Purpose, and Work Planning
The Municipal Code states that the role of the Council Finance Committee is to consider and
make recommendations on matters referred to it by the Ccouncil relating to finance, budget,
audits, capital planning and debt. (§2.04.210).
D. Council Appointed Officers (CAO) Committee
In addition to the Policy & Services and Finance Committees, which are described in the
Municipal Code, Council each year appoints members to two additional committees that have
continuing subject matter jurisdiction and are not intended to be temporary: the Council
Appointment Officers (CAO) Committee, and the City-Schools Liaison Committee.
The CAO Committee meets on an as-needed schedule to address issues that Council has
referred to the Committee related to Council's four direct appointees: the City Manager, City
Attorney, City Clerk and City Auditor. For example, the committee may be tasked with duties
related to performance evaluations, compensation, and the filling of vacancies.
E. City Schools Liaison Committee
The City-Schools Liaison Committee is composed of two Council members and two members
of the Board of Education of the Palo Alto Unified School District. The committee’s purpose is
to share information, collaborate, and coordinate on issues related to Palo Alto’s school-aged
children and youth.
City Council Protocols and Procedures Handbook
9
CF. Ad Hoc Committees and Committee as aof the Whole
Policy
The Council may create Ad Hoc Committees or the Committee of theas 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, Ad Hoc Committees, and the
Committee as aof the Whole and to set up guidelines for creation of Ad Hoc Committees and the
Committee as a Wholethese bodies.
General Requirements
Council Ad Hoc Committees and the Committee of theas a Whole shall be subject to the following
procedural rules:
A. Definition of Ad Hoc Committee
An Ad Hoc Committee is a temporary advisory committee composed solely of less than a
quorum of members of the Council or any Council Standing Committee. The work of an
Ad Hoc Committee has a limited or single purpose. An Ad Hoc committee is not intended
to be perpetual but rather to be dissolved in a finite period time, once its specific task is
completed. By contrast, a Standing Committee has continuing subject matter jurisdiction
over a variety of related topics.
B. Definition of Committee as a Whole
A Committee of theas a Whole is a committee composed of the entire City Council. The
group’s work of the Committee as a Whole is limited to a single finite purpose.
Existing Language
See above
Proposed New Language
Remove all references to the “Committee of the Whole”
C. Brown Act
The Committee as a Whole is subject to the Brown Act. The procedural requirements of
the Brown Act apply to all committees that have either: (a) continuing subject matter
jurisdiction over a matter or group of related matters; or (b) a regular meeting schedule
set by Council action. All Standing Committees are Brown Act bodies. Ad hoc committees
are generally not Brown Act bodies, provided that they are temporary bodies, formed for
the purpose of addressing a limited or single purpose, include only members of Council,
and do not have a regular meeting schedule set by Council action. When Council creates
an Ad Hoc committee that is not a Brown Act body, Council may, at its discretion, direct
that the committee follow Brown Act procedures.
City Council Protocols and Procedures Handbook
10
D. Creation and Appointment
The Mayor or the City Council may create an Ad Hoc Committee and appoint three or fewer
members of the Council to serve. In contrast, only the Council and not the Mayor alone can
create a Standing Committee; the Mayor makes appointments to Standing Committees.
The Mayor will publicly announce any Ad Hoc Committee created by her or him, its
membership and stated purpose and post this 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.
E. 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.
F. Members
Ad Hoc Committees shall consist of less than a quorum of Council members only, and shall
not include any other persons, includingsuch as members of other legislative bodies.
G. Reporting [Updated to conform to current practice]
Ad Hoc Committees shall report their recommendations to the Council no less thanin the
timeframe directed by Council. Any Council Member may ask during COUNCIL MEMBER
QUESTIONS, COMMENTS AND ANNOUNCEMENTS that an updated Ad Hoc Committee
report be placed on an upcoming meeting agenda.
H. 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.
I. Conclusion
A public announcement shall be made any time the Ad Hoc Committee has concluded its work
and/or upon dissolution.
1.3. Respect the Work of the Council Standing Committees [UPDATED to reflect current practice]
Council should respect the work of the Standing Committees, as their The purpose of the Council standing
committees is to provide focused, in-depth discussion of issues to help inform and expedite Council
business. Council should respect the work of the committees. If a matter is taken forward to the full
Council for approval after receiving a unanimous vote at Committee, the item will be placed on the
Consent Calendar, unless otherwise recommended by the Committee, Mayor, City Attorney or City
Manager if any of these entities believe the item is of significant public interest.
* * *
SECTION 2 - GENERAL PROCEDURES FOR CITY COUNCIL MEETINGS
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 mMembers must
City Council Protocols and Procedures Handbook
11
have a common approach to the discussion and debate of City business so that meetings are both
streamlined and thorough.
These are guidelines, rather than 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. (See Cal. Govt Code section 54950.)
2.1. Meeting Schedules, Agendas and Supporting Materials
A. Meeting Schedules for Regular and Special Meetings
The City Council generally conducts two different kinds of meetings: Regular Meetings and Special
Meetings.
The Municipal Code provides that regular City Council meetings are conducted at City Hall
on the first three Monday nights of each month, except during the Council’s annual
summer and winter recesses, at 6 p.m.
The Council also schedules periodic special meetings, which are meetings on any day or time
other than the regular meeting time. This may include meetings on the regularly-scheduled first
three Mondays where the start time is 5 p.m. or earlier, or meetings on a fourth or fifth Monday,
or meetings scheduled on any other day or time.
Special meetings are “special” because the 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.
BA. Posting of Agendas
Under the Brown Act, meeting agendas must be posted no later than the Friday72-hours prior to
regular meetings and 24-hours prior to special meetings immediately preceding the meeting. It is
City policy to make every effort to post the agenda on Thursday, 11eleven days prior to Monday
meetings, whether regular or special. Agendas are posted in King Plaza by the elevators and are
uploaded to the City Council web page.
CB. Supporting Reports and Materials (exist. Procedures 2.3.2)
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 eleven11 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 “supplemental
memoranda (previously referred to as “at places” memoranda) may be distributed to Council
City Council Protocols and Procedures Handbook
12
mMembers and the public at the meeting.
DC. 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 5five 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, or receives other significant material related to the
application from any source, he or she shall notify the City Clerk and the City Manager as soon as
possible so that all relevant material can be entered into the official record and made available to
all parties and the public. 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 athe Staff Report.
2.2. 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.
2.3. Attendance Procedures
A. Attendance Required
Council mMembers, the City Clerk, City Attorney, and City Manager, along with any other
cCity officers and department heads that have been requested to be present, shall take their
regular stations in the Council cChambers at the start of every scheduled meeting. The
Ppresiding Oofficer will ensure that each meeting will include at least one 10-minute break. The
Council expects its members 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. (PAMC section 2.04.050.).
B. Remote Attendance of Council Members at Council and Committee Meetings [UPDATED to
comply with law]
City Council Protocols and Procedures Handbook
13
Council members are strongly encouraged to attend meetings in person. State law allows
Council members to attend meetings remotely by following the procedures outlined in
Government Code Section 54953(b) (“Standard Remote Attendance”) or the procedures
outlined in Assembly Bill 2449 (2022) (“AB 2449 Remote Attendance”). For convenience, these
procedures are described below and are current as of the date of Handbook revision. If state
law is subsequently amended, the amended terms of State law will apply.
1) Number of Remote Appearances. Remote attendance shall be permitted not more than 3
five (5) times a year. This includes remote attendance at meetings of Council and Council
committees. No more than two meetings may be attended remotely for “just cause,” as
described below.
2) General Procedures for Appearing Remotely. Council members must follow mandatory
procedures set forth in State law. For convenience, these procedures are described below
and are current as of the date of Handbook revision. If state law is subsequently amended,
the amended terms of State law will apply. At any meeting where a Council member is
attending remotely, the following requirements must be met:
i. In addition, aAt least a quorum of the Council must participate from a singular
physical location within the City (Government Code Section 54953(b)(3)).
ii. The agenda must identify and include an opportunity for the public to attend and
directly address the council member through a call-in option, an internet-based
service option, and in-person at the location of the meeting.
iii. Council members may not take action if there is an unresolved disruption to the
meeting broadcast, to a remote council member’s audio or visual feed, or to the
ability to take call-in or internet-based public comment.
If these two above threshold requirements are can be met, the Council member who will
be appearing telephonically attending remotely must ensure they follow the procedures
associated with either Standard Remote Attendance or AB 2449 Remote Attendance. must
ensure that:
3) Standard Remote Attendance Procedures. A Council member attending remotely using these
procedures must ensure that:
a. The meeting agenda identifies the teleconference remote attendance location and is
posted at that location in an area that is accessible and visible 24 hours a day for at
least 72 hours prior to the meeting.
b. The remote attendance 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.
c. The remote attendance teleconference technology used is open and fully accessible
City Council Protocols and Procedures Handbook
14
to all members of the public, including those with disabilities.
d. Members of the public who attend the meeting at the remote attendance
teleconference location have the same opportunity to address the Council from the
remote location that they would if they were present in Council Chambers.
e. The remote attendance 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 intending to follow the procedures of Standard Remote Attendance
determines that any or all of these requirements cannot be met, he or she shall not participate in
the meeting via teleconferenceremotely using Standard Remote Attendance procedures.
Standard Remote Attendance Guidelines: [UPDATED to comply with current practice]
• Five days written notice in advance of the publication of the agenda must be given by the
Council member to the City Clerk’s office about their intent to participate remotely; the
notice must include the address at which the remote attendance will occur, and the address
the Council packet should be mailed to, if a hard copy is requested.
• 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 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 posting
requirement was met at the location and that the location is publicly accessible and must
describe the location.
AB 2449 Remote Attendance Procedures. A Council member attending remotely using these procedures must
ensure that: [NEW SECTION TO REFLECT NEW LAW]
1 The Council member has just cause to do so, pursuant to AB 2449. “Just cause” is defined as:
a. a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or
domestic partner that requires remote attendance,
b. a contagious illness that prevents in-person attendance,
c. a need related to a physical or mental disability which cannot be resolved by a request for
reasonable accommodation, or
City Council Protocols and Procedures Handbook
15
d. travel while on the business of a state lor local agency.
2 Notice. A Council member with just cause to attend remotely must notify the Council or Council
committee and the City Clerk at the earliest possible opportunity, including at the start of the
meeting, of their need to participate remotely and provide a general description of the
circumstances.
3 The Council member is facing emergency circumstances that justify remote attendance and the
Council or Council committee approves of their remote attendance pursuant to AB 2449.
a. “Emergency circumstances” is defined as a physical or family medical emergency that
prevents a Commission Member from attending the UAC meeting in person.
b. Notification and acceptance.
i. A Council member attending remotely due to emergency circumstances must
notify the Council or Council committee and the City Clerk at the earliest possible
opportunity.
ii. The Council or Council committee must request a general description of the
circumstances relating to the council member’s need to appear remotely. The
description does not need to have more than 20 words, and the council member
does not have to disclose any personal medical information.
iii. At the earliest opportunity available to it, the Council or Council committee may,
by a majority vote of its members, take action on the request to approve or
disapprove it. If the request does not allow sufficient time to place it on the
agenda for the meeting for which the request is made, the legislative body may
take action on the request at the beginning of the meeting by majority vote.
4 Disclosures. Council members attending remotely must publicly disclose at the meeting before any
action is taken whether any other individuals 18 years of age or older are present in the room at the
remote location with the member and the general nature of the member’s relationship with the
individual.
5 Technology. All technology necessary for to attend remotely must function at all times, which must
include two-way, live audio and visual communication.
If the Council Member intending to follow the procedures of AB 2449 Remote Attendance
determines that any or all of these requirements cannot be met, he or she shall not participate in
the meeting remotely using AB 2449 Remote Attendance procedures.
City Council Protocols and Procedures Handbook
16
AB 2449 Remote Attendance Guidelines:
At the start of the meeting, the Council member attending remotely may use the following
language to identify under which provision they are attending remotely:
Provision 1:
“I have just cause to attend this meeting remotely under AB 2449. I have not attended a
meeting remotely due to just cause more than once this calendar year. I have attended
[NUMBER] meetings remotely this calendar year. I must attend this meeting remotely
because…
1. “… I must provide caregiving to [RELATION].”
2. “… a contagious illness prevents me from attending in person.”
3. “… I have a need related to a disability which could not be accommodated at this
meeting.”
4. “… I am travelling while on official business of [STATE OR LOCAL AGENCY].”
“In this room, I am accompanied by…
5. “…no one over the age of 18.”
6. “…one or more individuals over the age of 18. They are [RELATION (e.g., my
spouse, coworker, medical provider)].”
Provision 2:
“Due to emergency circumstances, I request to attend this meeting remotely under AB
2449. I have attended [NUMBER] meetings remotely this calendar year. The [PHYSICAL
OR FAMILY] medical emergency I am facing requires my remote attendance because
[BRIEF DESCRIPTION].”
2) “In this room, I am accompanied by…
3) “…no one over the age of 18.”
4) “…one or more individuals over the age of 18. They are [RELATION (e.g.,
my spouse, coworker, medical provider)].”
2.4. Colleagues Memos
Any two Council mMembers may bring forward a colleagues memo on any topic to be considered
by the entire Council. A minimum of Ttwo 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 three Council members may sign a colleague memo. To comply
with the Brown Act, three is the maximum number Council members who may discuss or sign
onto a colleagues memo. Prior to preparing a colleagues memo, Council mMembers willshould
consult with the City Manager to determine whether the City Manager is or is not able to address
the issues as part of his/hertheir operational authority and within current budgeted resources.
Colleagues memos should have a section drafted by the City Manager 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 to the City Manager and
City Attorney prior to finalization. Completed Council colleagues memos shallshould be provided to
the City Manager, City Attorney and 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 with as much advance notice as possible, to provide time for staff
City Council Protocols and Procedures Handbook
17
to prepare the resource impact section and prepare the memo for placement on the agenda.
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 direct the City
Manager to agendize the matter for Council action, 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 implications are fully
outlined in the colleagues memo. The Brown Act requires that the public be fully informed of the
potential action by the Council when the agenda is published, and in no event less thanat least 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 mMembers want completed on the night of
the Council review.
Existing Language
None
Proposed New Language
Council members nearing the end of their term desiring to submit a colleagues memo should
consider submittal timing and steps needed in order to ensure Council discussion before the
end of their term.
* * *
SECTION 3 - CITY COUNCIL MEETING ORDER OF THE AGENDA (exist. Procedures 2.4)
City Council agendas will be prepared by the City Clerk and presented to the City Council in the order
described below, except as determined otherwise by the Mayor in consultation with the City Manager. In
setting the agenda, the typical order of agenda items is as shown below but the ordering can be changed in
the agenda-setting process if needed.It is the Council’s policy to hear the major items of business first at
each meeting, to the extentpossible. The City Manager, with prior approval of the Mayor, is authorized to
designate upon the agenda of the Council items that shall be taken up first or at a specific time during the
course of the meeting. (PAMC section 2.04.070.) The City Council may take matters up out of order upon
approval by a majority vote of those present:
a. Call to Order
b. Special Orders of the Day
c. Study Session and/or Closed Session
d. Agenda Changes, Additions and Deletions
e. Oral CommunicationsGeneral Public Comment
f. Approval of Minutes
g.f. Consent CalendarAgenda
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. Council Minutes are approved on Consent. The consent calendar shall be voted upon as
City Council Protocols and Procedures Handbook
18
one item.
h.g. City Manager Comments
i.h. Action Items
j. Inter-Governmental Legislative Affairs
k.i. Council Member Questions, Comments and Announcements
l.j. Adjournment
Items Considered After 10:30 p.m.
The City Council makes every effort to end its meetings before 11:00 p.m. With that goal in mind,
Tthe Council also generally does not take upstart discussion of 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 p.m. and, if so, which specific items will be taken up.
3.1. Call to Order
3.2. Closed Sessions [UPDATED to comply with law and reduce repetitive language]
Closed sessions are the only part of a Council meeting that the public cannot attend though they
are allowed to make public comments before the start of the closed session. Council may meet in
closed session only as specifically authorized by State law. The most common types of closed
sessions are labor negotiations, litigation, employment issues, and real estate negotiations.
The Council mustwill make a public report after the session when certain kinds of actions are
takenwhere required by State law.
A. Closed Session Requirements
1) Announcements Before Closed Sessions
The 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 communicationsby the public 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 aadditional staff shall attend as are
necessary and then only if the legal privileges of confidentiality obtained in an executive
session are maintainednot 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. (PAMC section 2.04.030.). Reports from
City Council Protocols and Procedures Handbook
19
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. 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,
(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 Municipal Code section 2.04.030.
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 . (PAMC section 2.04.040.), except to the extent
authorized by a majority vote of Council or as required by a court.
3.3. Study Sessions
Study Sessions are meetingsagenda items during which the Council receives information about City
business in an informal setting. Study sessions are intended to be discussion items only. 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.
The Decorum rules still apply to the behavior of the Council and public.
City Council Protocols and Procedures Handbook
20
A. Study Session Procedures
1) Time
Special study sessions will be held as needed.
2) No Formal RulesTopics and Process
Study sessions are intended to be conducive to in-depth factual presentations by City staff
and detailed questioning and brainstorming by Council on issues of significant interest.
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
Members of the public are allowed to make public comments on study session matters as
directed by the presiding officer. The general rules of decorum apply.
4) No Final Action Taken
Staff may be directed to bring matters back for Council consideration at future meetings, as
no action can be taken.
3.4. Special Orders of the Day
3.5. Agenda Changes, Additions, and Deletions
A. When the Council is unable to complete its agenda, the remaining business will
generally be rescheduled as follows. (Nnothing in this section shall be deemed to
supersede or conflict with state law).:
1) Items Rescheduled to a Date Uncertain
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.
B. Adding New Items to the Agenda
No matters other than those Only matters on the agenda shall be taken up finally acted upon by
the Council, except in cases of emergency, as defined by State law. 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.
3.6. Oral CommunicationsGeneral Public Comment (see Section 5 on Public Participation for more
details about “General Public Comment”)
City Council Protocols and Procedures Handbook
21
3.7. Consent Agenda
The Consent calendar Agenda portion is the section where items not anticipated to require
discussion can be presented and acted upon efficiently by Council. This generally includes
administrative items; implementation of policies and programs previously approved by Council,
including contracts; and other routine or non- controversial items shall be presented. The Mayor
and City Manager should be sensitive to high dollar value itemscontracts and consider placing
those items in the action agenda section. The consent section may include:
A. Ordinances and Resolutions
The following ordinances and resolutions may appear on a consent calendar:
• Second Reading (passage and adoption) of Ordinances.
• Resolutions that 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
Priorities, and other similar sources.
• Budget amendments 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.
• Clerical amendments to local laws.
• Conforming amendments required by State law, except items of significant public interest.
B. Administrative Matters Including Contracts, Appointments, Approval of Applications, and
Any Other Matter
An administrative matter may be placed on the consent calendar if it is:
1 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.
2 Contracts for which the subject or scope of work has been previously reviewed by the City
Council.
3 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 agreements; software and hardware support
agreements, janitorial services, and copier agreements or postage machine agreements.
4 Rejection of bids.
54 Designation of heritage trees.
65 Designation of historic building at the request of the property owner if there are no unusual
policy ramifications.
76 Approval of funding applications, such as grants or loans, provided that Council has
previously approved the general program or activity.
7 Formal initiation, for consideration at a later date, of a zoning code amendment or review
process, such as preliminary review.Items identified in the Municipal Code for placement
on Consent. This includes, for example, certain appeals of determinations of the Director
City Council Protocols and Procedures Handbook
22
Planning and Development Services.
8 Approval of minutes.
9 Status report required by law for fee administration.
9 Cancellation of meetings or scheduling of special meeting.
10 Referral of an item to a Standing Committee, Committee, Board, Commission, or Council
Appointed Officer
11 Other similar matters as determined by the City Manager, in consultation with the Mayor.
2. 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 fromStaff are permitted to makeing 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.
C. Items Unanimously Recommended for Approval by a Council Committee or Council-
Appointed Board or Commission, Unless Otherwise Recommended by the
Committee/Commission, Mayor, City Attorney or City Manager
Items recommended unanimously for Aapproval by any Council committees and Council-
Aappointed Bboards and Ccommissions are generally placed on Consent, except Provided
that Other Public Hearing Requirements are Not in Effect or Aas otherwise recommended by
the Committee, Board or Commission, or the Mayor, City Manager or City Attorney, or as
required by law.
3.2. Public Comment on Consent Agenda
Members of the public wishing to speak to items on the Consent Calendar shall be permitted
to speak prior to Council Member requests to remove an item or the vote to adopt the
Consent Calendar.
4.3. No Discussion or Debate; Voting; Recusals; Council Speaking to a No Vote
While No There shall not be discussion or debate on any item on the Consent agenda. there is
no Council discussion or debate shall be permitted uponon items upon the Consent Agenda,;
however, a
A Council member who needs to recuse themself from a Consent item shall inform the Mayor
and make any public disclosure that is required. The Clerk shall record the recusal on the item.
Any Council Mmember may request that his or her vote be recorded as a "no" on any item or
items on the Consent agenda. Any Consent item not receiving the number of “yes” votes
City Council Protocols and Procedures Handbook
23
required for the item is not approved. or "not participating" due to a specified conflict of
interest on any individual item.
Council mMembers may also explain their "no" votes at the end of the Consent
AgendaCalendar, with a 3- minutes time limitpermitted for non-appeal items and 5 minutes for
appeal items for each Council mMember. Council mMembers 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.
5.4. Council Requests to Remove Items from Consent Agenda
Three Council mMembers may request that an item be removed from the consent
calendaragenda following public comment on the CcConsent aAgenda. The City Manager’s
office should be advised whenever possible, in writing, of a request for removal no later than
noon the Sunday before the meeting.
Removed items will be heard either later in the meeting or agendized for a subsequent
meeting, depending upon the number of speakers, 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 any removed items will be heard.
Council members who intend to request to remove an item should inform the City Manager’s
office no later than noon the Sunday before the meeting. This is so that the Manager can
assess the operational impacts of rescheduling a removed item to a later agenda and, if
appropriate, can arrange for appropriate staff to attend Council to support consideration of
the item.
3.8. City Manager Comments
3.9. Action Items
3.10. Council Member Questions, Comments, and Announcements (including reports on Boards,
Commissions, and Committees)
The purpose of this agenda item is to allow Council to question staff briefly ask staff about 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. If more than brief statements are
desired, the item shall be agendized for a future meeting in the manner otherwise provided by
these Procedures, such as by the City Manager or through a Colleagues Memo. Major Ppolicy
issues and Nnew assignments will not be given nor will major policy issues be discussed or
considered in this item. To the extent possible, Council will confer with staff before raising matters
under this agenda item. This agenda item will generally be limited toCouncil Member Questions,
Comments, and Announcements will general last Uup to 15 minutes in length and the public may
not comment.speak to matters discussed;
3.11. Adjournment
City Council Protocols and Procedures Handbook
24
* * *
SECTION 4 - PROCEDURES AT CITY COUNCIL MEETINGS
4.1 Council Motion and Voting Processes throughout the Agenda (exist. Procedures 2.4 U and V)
A. Motions, Debate & Voting
Policy and Summary of Rules
It is the policy of the Council to follow simplified rules of parliamentary procedure for motions, debate and
voting as an alternative procedure to Robert’s Rules of Order. These rules focus on the types of motions
the Council can debatemake and when those motions are properly used. See the Summary Table below.
Purpose
The purpose of these rules to facilitate orderly and thorough discussion and debate of Council
business in order to create open respectful discussion and fair results that serve the public
interest. These rules shall not be applied or used to create strategic advantage or unjust results.
Summary of Rules
Palo Alto uses an alternative procedure to does not follow Robert’ss Rules of Order. See the
Summary Table below.
B. Motions
A motion is a formal proposal by a Council Mmember 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.
There are two types of motions; these are the “main” motion and any secondary motions. Only one
main motion can be considered at a time. The main motion is the first motion to be made and receive a
second. A secondary motion is described below which can be considered while a main motion is pending.
4.2 Motion Procedures
A. Main Motion Procedures:
1) Get the Floor
A Council mMember must receive the permission of the Mayor (or other presiding officer) before
making a motion.
2) State the Motion
A motion is made by a Council mMember (the “maker”) stating his or her proposal. Longer
proposals can be written and may be in the form of a resolution.
City Council Protocols and Procedures Handbook
25
3) Second Required
Any other Council mMember (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.
4) Motion TranscribedRestated
The Mayor should restate the motion for the record, particularly if it is long or complex. The Clerk
shall transcribe the motion so that Council members, the public and staff can read it.
5) 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.
6) Discussion
The maker shall be the first Council Mmember recognized to speak on the motion if it receives a
second. The seconder shall be the second Council member to speak on the motion. Generally
Council mMembers will speak only once with respect to a motion. If the Mayor or Council permits
any Council Mmember to speak more than once on a motion, all Council mMembers shall receive
the same privilege.
7) Secondary Motions
Secondary motions may be made by a Council Mmember upon getting the floor.
8) Action
After discussion is complete the Council will vote on the motion under consideration.
B. Secondary Motion Procedures
Only oneWhen a main motion may be entertained by Council at a time. 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 motion that is higher on the list will be considered ahead of
a pending secondary motion that is lower on the list:
The purpose of the allowed secondary motions is summarized in the following text and table.
1) 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.
2) 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.
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3) Take a recess
This motion interrupts the meeting temporarily. It is amendable but is not debatable.
4) 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.
5) 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.
6) 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 mMembers
present and voting.
7) 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 mMembers present and voting.
8) 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.
9) 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.
10) 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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C. Motion Process Reference Chart
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
XYES
Only as to time to which
the meeting is adjourned
XYES
NO
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
XYES
Only to set the time to which the meeting is adjourned
NO
NO
Take a recess Purpose is to interrupt the meeting XYES NO XYES NO
Raise a question of
privilege
Allows member to address Council on a
question of personal privilege limited to
Council welfare or cases where a
member’s personal integrity, character,
or motives are questioned.
NO
NO
NO
NO
Lay on the table Interrupts business for more urgent
business
XYES NO NO NO
Previous question
(close debate or
“call the question”)
Closes debate on pending motion
XYES
NO
NO
XYES
Limit or extend
limits of debate
Purpose is to limit or extend debate
XYES
NO
XYES
XYES
Motion to continue
to a certain time
Continues the matter to another, specified time
XYES XYES XYES
NO
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
XYES
Only as to propriety of
referring, not substance of referral
XYES
NO
Amend or substitute
Modifies (or reverses course of)
proposed action. Cannot raise
independent question. Can amend an
amendment, but no further
XYES
Only if underlying motion is
debatable
XYES
NO
Motion to
Reconsider
Motion that can be made only during the
meeting or adjourned meeting thereof the action was taken
YES
YES
NO
NO
City Council Protocols and Procedures Handbook
28
4.3. Voting and Debate of Agenda Items
1. Presiding officer to state review motion
The presiding officer shall assure that all motions are clearly stated before allowing debate to
begin. The presiding officer and the maker of the motion may restate the motion or may direct
shall work with the City Clerk to restateclarify the motion before allowing debate to begin. The
presiding officer shall restatemay review 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 mMembers. The presiding officer shall not be
deprived of any of the rights and privileges of a Council Mmember.
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
Council member shall, divide the same. The presiding officer's determination shall be appealable
by any Council Member.
4. Withdrawal of motion
A motion may onlynot be withdrawn by the maker without the consent of the Council Member
seconding it.
5. Change of vote
Council mMembers 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, except where state law requires a roll call vote.
7. Silence constitutes affirmative vote
Council mMembers who are silent during a voice vote shall have their vote recorded as an
affirmative vote, except when individual Council mMembers have stated in advance that they will
not be voting.
8.7. Failure to vote
It is the responsibility of every Council mMember to vote unless the member is recusedunless
disqualified for cause accepted by the Council or by opinion of the City Attorney. No Council
mMember can be compelled to vote.
9.8. Abstaining from vote [UPDATED to factor in key info from Item G above]
Council mMembers should only abstain if they are not sufficiently informed about an item,
e.g. when there was a prior hearingmeeting on the topic and they were unable to view the prior
meeting before the current meeting. In the event of an abstention, or silence during a vote, the
abstainer in effect, "consents" that a majority of the quorum of the Council mMembers present may
City Council Protocols and Procedures Handbook
29
act for him or her.
10.9. Not participating [UPDATED to comply with current law]
A Council member who is recused from an item due to a conflict of interest, common law bias, or other
legal prohibition shall make disclosures required by law, leave the dais if required, and not
participate in any way in the discussion or determination of the item. A Council member may
otherwise disqualify themself to avoid an appearance of impropriety.
11.10. Tie votes
Tie votes may be reconsidered during the time permitted by these rules on motion by any member
of the Council voting ayeyes or nayno 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. To the extent allowed by law, it is the Council’s intention that Aany 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 recommending the
agendizing of a matter that resulted in a tie vote for a subsequent meeting.
12.11. 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 of an issue 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 thanonly once on the same motion. However, Nothing
herein shall be construed to prevent anya Council Mmember mayfrom makeing a motion to
rescind such action at a subsequent meeting of the Council.
13.12. 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.
14.13. Getting the floor; improper references to be avoided
Every Council Member desiring to speak shall address the chair presiding officer and, upon
recognition by the presiding officer, every Council Mmember shall be confined to the question under
debate, avoiding all indecorous language and personal attacks.
15.14. Interruptions
Except for being called to order, a Council Mmember once recognized, shall not be interrupted
when speaking, except as otherwise provided for in these rules. A Council Mmember called to order
City Council Protocols and Procedures Handbook
30
while speaking shall cease speaking until the question or order is determined, and, if in order, said
Council Mmember shall be permitted to proceed.
15. Council member Speaking Time
Existing Language
None
Proposed Language
The presiding officer shall give each Council member up to 5 minutes to speak in each round
of discussion during discussions on Council items where discussion takes place. The Council
shall follow the speaking times set by the presiding officer and the Ppresiding Oofficer or Vice
Mayor shall enforce the speaking time set.
4.4 Quasi-Judicial Matters
A. Quasi-Judicial/Planned Community Matters
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 hearings
involve consideration of an application a single parcel of land to develop real property. The City,
including Council and associated Boards and Commissions, and apply reaches a determination by
applying standards and requirements in existing law to the facts and evidence submitted in the
hearing in the context of existing law. Findings must be stated to explain the evidentiary basis for
the Council’s final decision.
Purpose
These rules are intended to assure that City Council decision making on quasi-judicial 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 Project subject to these rules is a formulated
plan to go forward with a particular project or development.
i. Quasi-Judicial Proceedings Defined
Quasi-judicial proceedings subject to these procedural rules include hearings involving the
following matters:
a. Conditional Use Permits
b. Variances
c. Home Improvement Exceptions
d. Design Enhancement Exceptions
e. Subdivisions, other than final map approvals
f. Architectural Review
g. Assessment Protest Hearings
h.g. Other Matters as Determined by the City Attorney
i. Appeals related to any of the above
j. Environmental Review relating to any of the above
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ii. Restrictions on Council Communications Outside of Quasi-Judicial Hearings
It is the policy of the Council to discourage the gathering and submission of information by
Council mMembers 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.
iii. Identification of Quasi-Judicial Matters
The City Attorney, in conjunction with the City Clerk and City Manager, will identify
agenda items involving quasi-judicial decisionsmatters 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 itemmatter.
iv. Council to Track Contacts
Council mMembers will use their best efforts toshould track contacts with any person or entity
pertaining to such identified quasi-judicial/planned community decision items matters.
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.
v. Disclosure
When the itemmatter is presentedagendized to theat Council for hearing, Council
mMembers 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 the project applicant, other Council mMembers,
interested parties, and the public will have an opportunity to become apprisedlearn 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 decisionmatter unless the Council Member, in consultation with the City
Attorney, 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.
vi. No Contacts after Hearings
Following closure of thea quasi-judicial 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.
vii. 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
City Council Protocols and Procedures Handbook
32
matter under 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.
viii. 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.
ix. 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.
x.ix. Council Members Who are Absent During Part of a Hearing
A Council Mmember 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 athe
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. andCouncil
members who were absent should states for the record that they have reviewed the proceedings
and materials. before voting that the Council Mmember 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.
xi. 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.
B. Presenting at Quasi-Judicial / Planned Community Hearings
In the case of a quasi-judicial hearing, single applicants and appellants shall be given 10ten minutes
for their opening presentation and 3three minutes for rebuttal before the hearing is closed. In the
case of a quasi-judicial 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 aneach individual
appellant shall be given a minimum ofless than 5five minutes for presentation and three3 minutes
for rebuttal. In the event a request is made and the need for additional time is clearly established, the
Presiding 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.
City Council Protocols and Procedures Handbook
33
C. Submittal of Materials Directly to Council
If Council receives planning application materials related to agenda item matters they willshould
notify the City Clerk and the City Manager as soon as possible so that the materials can be placed
in the official record and distributed to all Council members, parties to the proceeding, staff and
the public.
* * *
SECTION 5 - HOW THE PUBLIC ENGAGES WITH THE CITY COUNCIL
5.1. Public Participation During City Council Meetings [UPDATED to reduce duplicate info]
PolicyOverview
The Council welcomes members of the public to participate in meetings through public comment
opportunities. 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. 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 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.
A. Access to Meetings
In-Person and Remote Participation. Council meetings are available in person in the Council
Chambers and through an online meeting platform. Members of the public are welcome to attend
the meeting in person or to join the online meeting platform.
Translators: Speakers may bring a translator as needed and will be allotted additional time, as
appropriate.
ADA Access. 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: the City Clerk, City of Palo Alto, 650-
329-2571 (voice) or email at City.Clerk@cityofpaloalto.orgCity.Clerk@cityofpaloalto.org.
A.B. Summary of Rules for Public Participation
Every regular Council agenda has two different kinds of opportunities for the public to speak. The
first is during Oral CommunicationsGeneral Public Comment. The second is during the public
comment or public hearing portion of each agenda item.
General Public Comment. This part of the meeting is provided so that the public can speak to
anythingany subject that is in the Council’s jurisdiction, when there is no item listed on the agenda
on that topic. The Council limits the total time to up to 30 minutes per meeting for General Public
Comment. State law does not permit the Council to act on or discuss an item raised at that
meeting in oral communicationsGeneral Public Comment, and Council members shall not enter
City Council Protocols and Procedures Handbook
34
into debate with speakers, but Council members may ask brief clarifying questions and may ask
City staff to follow up on any concerns that are raised.
Public comment or public hearing portion of each agenda Item. The Brown Act requires the
opportunity for public comment on all listed agenda items, except ceremonial items, procedural
items (Agenda Changes and Deletions) and brief announcements (City Manager Comments and
Council Member Questions, Comments and Announcements). Public comments or testimony must
be related to the matter under consideration.
B.C. Time Limits
Individual Speakers. The presiding officer will announce the time that each speaker may use. The
Council generally allows 3 minutes per speaker but a shorter time may be designated when there
are many speakers or items on the agenda.
Proposed Language
See above
Alternative Language idea P&S Discussion
The presiding officer may reduce the allowed time. If there are under 10 speakers, each
speaker can get 3 minutes to speak. If there are more than 10 speakers, then it is by the
discretion of the presiding officer to reduce the speaking time to 2 minutes or less if necessary
to accommodate a larger number of speakers.
Spokesperson for a Group. When a group of people wishes to address the Council on the same
subject matter, they may designate a spokesperson 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 10
minutes and will to the extent practical be called upon ahead of individual speakers.
Existing Language
“except that spokespersons who are representing a group of five or more people who are
present in the Council chambers will be allowed 10 minutes and will to the extent practical be
called upon ahead of individual speakers.”
Proposed Language
“except that spokespersons who are representing a group of 5 or more people who are verified
as present in the Council chambers or online will be allowed up to 10 minutes and will to the
extent practical be called upon ahead of individual speakers. If the presiding officer reduces the
speaking time for individual speakers, the total speaking time for a spokesperson will also be
reduced as determined by the presiding officer.”
C.D. Gaining Permission to Speak
Any person who wants to speak tmake a spoken public comment on an item on the Council
agenda can do so if they are attending either in person or virtually. If attending in person,
members of the public o the Council should fill out a speaker card and hand it in to the City Clerk
prior to the end of the staff presentation. Speakers are not required to provide a name or
address.Members of the public participating virtually should use the “raise hand” function in the
City Council Protocols and Procedures Handbook
35
zoom online meeting platform, or if participating via phone, hit *9 to notify the Clerk that you
they wish to speak. The Clerk will provide the names of the speakers to the Mayor or Vice Mayor
so that the speakers can be identified and organized in an orderly way.
D.E. Public Decorum During Meeting
The presiding officer at Council meetings (usually the Mayor or Vice-Mayor) is authorized and
required to “preserve strict order and decorum.” (PAMC section 2.04.080(b).) This is important in
order to assure a fair opportunity for everyone to participate in an open and civil setting.
a) Any person desiring to address the Council must first get the permission of the Presiding
Officer by completing a speaker card and handing the card to the City Clerk.
b) The Presiding 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.
a) No person, other than a Council Mmember and the person having the floor, shall be
permitted to enter into any discussionspeak without the permission of the Ppresiding
Oofficer.
b) All remarks shall be addressed to the Council as a body and not to any individual
member or staff person.
c) No person, besides staff or the Council, shall enter the staff area of the Council dais without
the permission of the Ppresiding Oofficer or appropriate Council Appointed Officer.
d) Decorum The Palo Alto Municipal Code makes it unlawful for any person to: (1)
Disrupt the conduct of a meeting; (2) Make threats against any person or against public
order and security while in the Council Chambers; (3) 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 officer’s decision on a decorum
violation to the full Council. Decorum violations are a misdemeanor and may lead to a
person being removed from the Council meeting. (PAMC sections 2.04.120, 2.04.150.)
E.F. RecordingRecord of Speakers
• Persons wishing to address the Council shall Useuse the microphone provided for the
public and speak in a recordable tone, either personally or with assistance, if necessary.
• Speakers are requested to state their name but cannot be compelled to do so as a
condition of addressing the Council.
City Council Protocols and Procedures Handbook
36
F.G. End of Public Comment After a Council 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 presiding officer to do
so, subject to approval of the City Attorney with respect to any hearing required by law.
* * *
SECTION 6 - CITY COUNCIL QUESTIONS ON AGENDA-RELATED ITEMS
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). 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:
6.1. 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 so 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.”
6.2. City Council emails for Agenda-Related Items Policy (exist. Protocol 6.1; highlighted for Committee
review)
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.
6.3. City Council emails for Agenda-Related Items Procedure (exist. Protocol 6.1)
• Council mMembers should direct any questions on staff reports and agenda items only 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
• Council mMembers should submit questions on agenda items no later than 5:00 p.m. on the
Wednesday prior to 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 5:00 p.m. on the Wednesday before the
City Council Protocols and Procedures Handbook
37
meeting may be responded to via e-mail, or alternatively, will be responded to at the
Council meeting.
• Staff will not engage in “dialogues” with individual Council members regarding questions;
however,, i.e. follow-up questions to initial questions will be responded to at the Council
meeting.
• Staff will give highest priority to responding prior to the Council meeting via e-mail only on
items on the Consent AgendaCalendar. 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.
• If the Sstaff will be responding to a Council mMembers Consent AgendaCalendar question at
the meeting rather responding to the question via e-mail, Staff will inform the Council
mMember as early as possible after receipt of the question(s).
• Questions and all staff-prepared responses will be forwarded to all Council members as well
as put up on the special web page created online 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.
• Written cCopies of all Council member agenda questions and staff responses will be emailed
to the at Council places atp the meeting; additionally copies will be made available in the
Council Chambers for members of the public. and posted publicly on the meeting agenda. If
staff responses are not released until the meeting date, they will be provided in printed
form at the dais.
* * *
SECTION 7 – ANNUAL COUNCIL PRIORITY SETTING GUIDELINES
New Language: Annual Council Priority Setting Guidelines
Existing Language
None
Proposed New Language (copied from the Oct. 1, 2012 guidelines with a few updates to
reflect Council action in 2022). New Language in strikethrough or brackets [ ]
The following language is from the City Council Priority Setting Guidelines” document adopted
by the City Council on October 1, 2012.
City Council Protocols and Procedures Handbook
38
Priorities Background and Definition:
The City Council adopted its first Council priorities in 1986. Each year the City Council reviews
it’s priorities at its Annual Council Retreat. On October 1, 2012 the City Council formally adopted
the definition of a Council priority, and the Council’s process and guidelines for selection of
priorities.
A Council priority is defined as a topic that will receive particular, unusual and significant
attention during the year. [This varies from a Council value which is defined as an enduring goal
and intention to guide the work of the City Council. The values allow the City Council to
maintain these enduring intentions while also selecting annual priorities that reflect shorter-
term projects and goals.]
Purpose
The establishment of Council priorities will assist the Council and staff to better allot and utilize
time for discussion and decision making.
Process
Three months iIn advance of the annual Council Retreat, staff will solicit input from the City
Council on the priorities to be reviewed and considered for the following year.
• Council members may submit up to three priorities.
• Priorities should be submitted no later than December 1.
• As applicable, the City Manager will contact newly elected officials for their
input by December 1.
The City Clerk will provide timely notice to the public to submit proposed
priorities by December 1. The City Manager and the City Clerk will solicit for the public to
share proposed priorities prior to the Council retreat. The Policy and Services Committee
shall recommend to the Council which suggestions if any shall be considered at
the City Council retreat.
5) Staff will collect and organize the recommended priorities into a list for Council
consideration, and provide to Council no less than two weeks in advance of the
retreat [in the packet for the City Council retreat].
6) If needed, the] Policy and Services Committee, each year at its December
meeting, shall make recommendations about the process that will be used at
the Annual Retreat paying particular attention to the number of priorities
suggested by Council members. The recommended process is to be forwarded
to Council for adoption in advance of the Council retreat.
Guidelines for Selection of Priorities
1. There is a goal of no more than three priorities per year.
2. Priorities generally have a three-year time limit.
* * *
City Council Protocols and Procedures Handbook
39
SECTION 8 - PROCEDURES AND PROTOCOLS REVIEW AND ENFORCEMENT
8.1. Commit to Annual Review of Important Procedural Issues (exist. Protocol 3.1)
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.
8.2. Don’t Politicize Procedural Issues (e.g., Minutes Approval or Agenda Order for Strategic Purposes
8.2. Enforcement (exist. Protocol Section 5)
Council mMembers 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 mMembers, 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 mMembers 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.
Existing Language
See above
Proposed Additional Language
Under circumstances where Council members believe that actions by another Council
member are inconsistent with this Handbook and require formal action, censure is an
available means of enforcement.
Censure is an official reprimand or condemnation made by Council in response to
specified conduct by one of its own members. Censure is disciplinary in nature, and
requires the formal adoption of a resolution setting forth the Council member’s alleged
violations of law and/or policies. Censure may require an investigation, and must protect
the due process rights of the Council member. Censure carries no fine or suspension of
the rights of the council member as an elected official but a censure is a punitive action
that serves as a punishment for wrongdoing.
Through a Colleagues Memo, Council members may request a formal censure action be
placed on a Council agenda. The City Clerk shall provide notice of the possible censure to
the Council member who is the subject of the action. The notice shall contain the
specific charges on which the proposed censure is based and the date and time that the
matter will be heard. Upon hearing the testimony, the Council may take action by
resolution setting forth its findings and stating the terms of the censure.
City Council Protocols and Procedures Handbook
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PART II: CITY COUNCIL PROTOCOLS
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.
Section 1 – City Council Conduct (exist. Protocol Section 2)
1.1. Positive Work Place Environment
Members shall support the maintenance of a positive and constructive work place environment
for City employees and for citizens and businesses dealing with the City. Members shall recognize
their special role in dealings with City employees to in no way create the perception of
inappropriate direction to staff.
1.2. 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.
A. 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.
1.3. City Council Core Responsibilities (exist. Protocol Sec. 1)
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. Do not politicize procedural matters such as minutes approval or agenda order for strategic
purposes
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HI. Participate in scheduled activities to increase Council effectiveness
IJ. Review Council procedures, such as these Council Protocols, at least annually
JK. Represent the City at ceremonial functions at the request of the Mayor
KL. Be responsible for the highest standards of respect, civility and honesty in ensuring the
effective maintenance of intergovernmental relations
LM. Respect the proper roles of elected officials and City staff in ensuring open and effective
government
MN. Provide contact information to the City Clerk in case an emergency or urgent situation
arises while the Council Member is out of town
1.4. General Member 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.
A. 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. Rude and unprofessional behavior are also unacceptable.
B. In Public Meetings (exist. Protocol 2.1)
1) 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.
2) 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.
3) 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.
4) Demonstrate Effective Problem-Solving Approaches.
Council mMembers 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 mMembers are role models for residents, business people and other stakeholders
involved in public debate.
5) Be Respectful of Other People's Time.
Stay focused and act efficiently during public meetings.
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C. In Private Encounters
Treat Others as You Would Like to be Treated.
Ask yourself how you would like to be treated in similar circumstances, and then treat the
other person that way.
1.5. Decisions Based on Merit
Members shall base their decisions on the merits and substance of the matter at hand, rather
than on unrelated considerations.
1.6. Advocacy
A. 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.
B. 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.
C. Council Voting Delegate for League of California Cities Conference
Existing Language
None
Proposed Language
The Council annually authorizes a Council member to act as the voting delegate at the
League of California Cities annual conference and to represent the City in casting any votes
on resolutions up for consideration at the conference. Prior to the Conference, the Council
provides that delegate with direction on the proposed resolutions. The voting delegate
should vote only on the resolutions the Council has directed the delegate to vote on.
1.7. Council Conduct with City Staff
Governance of a City relies on the cooperative efforts of elected officials, who set policy, and City
sStaff, 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
sstaff.
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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
mMembers should not set up meetings with department staff directly, but work through Department
Heads, who will attend any meetings with Council mMembers. When in doubt about what staff
contact is appropriate, Council mMembers 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 (Items on the Tentative
Agenda or in a Council Committee)
D. Never Publicly Criticize an Individual Employee, Including Council Appointed Officers. Criticism is
dDifferentiated from qQuestioning Facts or the oOpinion of sStaff.
All critical comments about staff performance should only be made to the City Manager through
private correspondence or conversation. Comments about staff in the office of the City Attorney,
City Auditor or City Clerk should be made directly to these CAOs through private correspondence
or conversation.
E. 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.
Existing Language
See above
Proposed Language
Council members representing the City at regional boards and commissions should be clear
about if they are representing the City or the regional board or commission. If a Council
member appears before another governmental agency or organization to give a statement on
an issue, the Council member must clearly state if her or his statement reflects their opinion as
a member of the regional board or commission or is the official stance of the City.
F. 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.
G. Depend upon the Staff to Respond to Citizen Concerns and Complaints
It is the role of Council mMembers 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
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and Procedure for Responding to Customer Complaints. Senior staff is responsible for making
sure the Council Member knows how the complaint was resolved.
H. Do not Solicit Political Support from Staff
The City Charter states that “Neither the city manager or any other person in the employ of the
city shall take part in securing or shall contribute any money toward the nomination or election
of any candidate for a municipal office.” In addition, some professionals (e.g., City Manager and
the Assistant City Manager) have professional codes of ethics, which preclude politically partisan
activities or activities that give the appearance of political partisanship. Council members should
Aavoid any staff interactions that may be construed as trying to shape staff recommendations to
be presented to the Council as a whole. Council Members shall refrain from coercing staff in
making recommendations to the Council as a whole.
I. 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.
J. Use of City Letterhead
New Language: Use of City Letterhead
Existing Language
None
Proposed New Language
The use of official Mayor/City Council letterhead should only be used for correspondence
signed by the Mayor or City Council members when specifically directed by the Council or
consistent with prior City Council direction. This applies to the use of any stationery that
could be interpreted as official letterhead.
1.8. Use of Staff Time
A. Do Not Get Involved in Administrative Functions (exist. Protocol 2.3 E)
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
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member thereof shall give orders to any of the subordinates of the city manager, either publicly or
privately.”
B. 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.
Existing Language
See above
Proposed Additional Language
The 1-hour rule applies to all Council members.
* * *
SECTION 2 - City Council Conduct with Palo Alto Boards and Commissions
The City has established several Boards and Commissions as a means of gathering more community input.
Citizens who serve on Boards and Commissions become more involved in government and serve as
advisors to the City Council. They are a valuable resource to the City’s leadership and should be treated
with appreciation and respect. Council mMembers 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 mMembers may attend Board or Commission meetings as individuals, and should
follow these protocols:
2.1. If Attending a Board or Commission Meeting, Identify Your Comments as Personal
Views or Opinions.
Council mMembers 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.
2.2. 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 mMembers to contact Board or Commission
members in order to clarify a position taken by the Board or Commission.
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2.3. 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
mMembers 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.
2.4. 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
notresolved, the Council Member should consult with the Mayor, who may address the issue
to the Council as appropriate.
2.5. 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 mMembers may have a closer working relationship with some individuals
serving on Boards and Commissions but must be fair to and respectful of all citizens serving on
Boards and Commissions.
2.6. 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 mMembers may support Board
and Commission members who are running for office, but not in an official forum in their capacity
as a Council Member.
2.7. Maintain an Active Liaison Relationship.
Appointed Council liaisons or alternates are encouraged to attend all regularly scheduled
meetings of their assigned Board or Commission.
2.8 Role of Council Liaison to Board of Commission
Existing Language
None
Proposed Language
The role of Council liaison to a Board or Commission is to help elevate the work of the Board or
Commission and to encourage the Board or Commission to continue progress on their work
plan and priorities for the year, as directed by the Council.
* * *
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47
SECTION 3 - STAFF CONDUCT WITH CITY COUNCIL (exist. Protocol 2.5 A-D)
3.1. 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.
3.2. 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
3.3. Demonstrate Professionalism and Non-Partisanship in all Interactions with the Community and in
Public Meetings
3.4. It is Important for the Staff to Demonstrate Respect for the Council at all Times. All Council
mMembers Should be Treated Equally
* * *
THIS SECTION UNDER REVIEW
SECTION 4 - CITY COUNCIL AND BOARDS AND COMMISSIONS POLICY FOR TRAVEL AND
MISCELLANEOUS EXPENSE REIMBURSEMENT
This policy is set by the City Council and applies to Council Mmembers 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.
4.1. 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
interest;
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D. In collaboration with City staff, implementing a city-approved strategy for attracting or retaining
businesses to the City.
All other expenditures require prior approval by the City Council at a regular or special meeting.
4.2. 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 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.
Allowable expenses for local or Bay Area Eligible Activates do not require prior approval by the
Mayor or Chair.
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.
• Meals
The City will provide a per diem (“per day”) allowance for meals and incidentals to Council
Mmembers or Officials who are approved to travel overnight for official City business. Council
Mmembers 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.
C. Lodging Expense
Council Mmembers or Officials shall select single occupancy, standard, non-deluxe
accommodations and should stay at hotels offering economical lodging rates. When possible,
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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.
Expenses incurred for guests of the traveler and the like are not reimbursable.
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 Mmembers 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.
D. Transportation
1) Air Transportation
Council Mmembers 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.
Council mMembers 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 mMembers or Officials that choose to use their
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50
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.
2. 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 mMembers or Officials should
decline any additional insurance offered by the rental company. Council mMembers 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.
3. 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. 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.
4.32. Local or Bay Area Activities
Council mMembers 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.
D. Council mMembers 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.
4.43. Other Expenses
Ethics Training Expenses – AB1234 requires ethics training every two years and such fee and
related expenses are eligible for reimbursement.
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4.44. Activities Not Considered Reimbursable
A. Voluntary attendance at any conference or meeting, not representing the City.
Meetings of social or service organizations.
B.Meetings of voter groups or with individual citizens concerned with agenda items.
• Election campaign activities.
• Alcohol and entertainment expenses.
• Personal portion of the trip and other non-mileage automobile expenses.
4.56. Reports to Council
Council mMembers and oOfficials 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.
Existing Language
See above
Proposed New Language
Add to the end of the paragraph:
Council members should hold one another accountable for ensuring these reports are
made.
4.76. 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:
- Loss of reimbursement privileges
- A demand for restitution to the City
- The City reporting the expenses as income to the elected or appointed Official to state and
federal tax authorities
- Civil penalties of up to $1000 per day and three times the value of the resources used
- Prosecution for misuse of public resources
4.87. 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.
4.98. Support Services
The City Clerk’s Office makes travel arrangements for Council Mmembers. 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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52
4.10.9. Miscellaneous Expenditures
New Language: Miscellaneous Expenditures
Existing Language
None
Proposed New Language
X.1 Expenditure of City Council Contingency Funds
Expenditures from the City Council Contingency budget may be directed by Council motion, either via
a colleagues memo or as part of an agendized item.
X.2 City Purchase of Tickets or Sponsorship of Non-Profit Organization Events
the City may purchase tickets or sponsor events by non-profit organizations, subject to budget
availability, under any of the following circumstances:
1. where the event serves a City educational purpose,
2. recognition for work done by staff (not including elected or appointed officials), or
3. expending budget allocations specifically intended for event attendance.
x.3 Expenditure for Annual Holiday Event
Expenditures from the Council special event budget may be directed to be expended for an annual
holiday celebration, subject to budget availability for attendance by Council members, executive
leadership staff and community leaders. Event details will be coordinated by the Mayor and
facilitated by staff.
* * *
SECTION 5 - Confidentiality, Conflicts of Interest, Gifts And Favors [UPDATED to just reference
existing State law]
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. There are many State laws
regarding confidentiality, conflicts of Interest, and gifts and favors. Council members should stay apprised
of and comply with State law on these topics.
5.1. 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.
5.2. 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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53
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
mMembers.
Council mMembers exercise good faith in carrying out this Protocol. It is impossible to list every
situation and fact pattern, so it anticipates that Council Mmembers 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:
A. Gifts which the Council member returns (unused) to the donor, or for which the Council
Member reimburses the donor, within 30 days of receipt.
B. 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.
C. Minor gifts of hospitality involving food or drink, that the Council Member receives in an
individual’s home or at another location of business.
D. Gifts approximately equal in value exchanged between the Council Member and another
individual on holidays, birthdays, or similar occasions.
E. 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.
F. A bequest or inheritance.
G. Campaign contributions.
H. Personalized plaques and trophies with an individual value of less than $250.
I. 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.
J. 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,
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54
panel, seminar, or similar service, are also not considered gifts.
K. 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.
L. Wedding gifts
M. A prize or award received in a bona fide competition not related to official status. (These
exceptions are paraphrased from FPPC publications.)
N. Gifts from Sister Cities or other entities, other municipalities, if forwarded to the City.
5.3. 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.