The URL can be used to link to this page

Home My WebLink About2021-06-08 Policy & Services Committee Agenda PacketPolicy and Services Committee 1 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE ON THE CITY’S WEBSITE Tuesday, June 8, 2021 Regular Meeting 7:00 PM ***BY VIRTUAL TELECONFERENCE ONLY*** CLICK HERE TO JOIN Zoom Meeting ID: 946 1874 4621 Phone: 1-669-900-6833 Pursuant to the provisions of California Governor’s Executive Order N-29-20, issued on March 17, 2020, to prevent the spread of Covid-19, this meeting will be held by virtual teleconference only, with no physical location. The meeting will be broadcast on Midpen Media Center at https://midpenmedia.org. Members of the public who wish to participate by computer or phone can find the instructions at the end of this agenda. PUBLIC COMMENT Members of the public may speak to agendized items. If you wish to address the Committee on any issue that is on this agenda, please complete a speaker request card located on the table at the entrance to the Council Chambers/Community Meeting Room and deliver it to the Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Committee, but it is very helpful. Public comment may be addressed to the full Policy and Services Committee via email at City.Council@cityofpaloalto.org. Call to Order Oral Communications Members of the public may speak to any item NOT on the agenda. Action Items 1.Review and Approval of the Office of the City Auditor's Fiscal Year (FY) 2022 Task Orders 2.Receive an Update on Recent Race and Equity Work Since March Including an Update on a Records Management System (RMS) Contract for Police Data Collection and Provide any Recommendations on the City's Race and Equity Work 3.Council Retreat Referral to Discuss Possible Edits, Changes, or Updates to the City Council Procedures and Protocols Handbook Future Meetings and Agendas Adjournment AMERICANS WITH DISABILITY ACT (ADA) Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact (650) 329-2550 (Voice) 24 hours in advance. Presentation 2 June 8, 2021 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE ON THE CITY’S WEBSITE Public Comment Instructions Members of the Public may provide public comments to virtual meetings via teleconference or by phone. 1. Spoken public comments using a computer will be accepted through the teleconference meeting. To address the Committee, click on the link below to access a Zoom-based meeting. Please read the following instructions carefully. A. You may download the Zoom client or connect to the meeting in- browser. If using your browser, make sure you are using a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. B. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. C. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. D. When called, please limit your remarks to the time limit allotted. E. A timer will be shown on the computer to help keep track of your comments. 2. Spoken public comments using a smart phone will be accepted through the teleconference meeting. To address the Committee, download the Zoom application onto your phone from the Apple App Store or Google Play Store and enter the Meeting ID below. Please follow the instructions B-E above. 3. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Committee. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN Zoom Meeting ID: 946 1874 4621 Phone No: 1-669-900-6833 City of Palo Alto (ID # 12340) Policy and Services Committee Staff Report Report Type: Action Items Meeting Date: 6/8/2021 City of Palo Alto Page 1 Summary Title: Approval of FY22 Task Orders for the Office of the City Auditor Title: Review and Approval of the Office of the City Auditor's Fiscal Year (FY) 2022 Task Orders From: City Manager Lead Department: City Auditor Recommendation The City Auditor recommends that the Policy & Services Committee take the following action and forward the corresponding report to City Council for consent: 1) Approve the following Task Orders, identified in the Audit Plan Report: o FY22-001 – Citywide Risk Assessment o FY22-002 – Annual Audit Plan o FY22-003 – Financial Audit o FY22-005 – Various Tasks (including periodic reporting, fraud/waste/abuse hotline, office administrative functions) Discussion In accordance with our agreement with the City, Baker Tilly is required to conduct recurring activities each year. Those recurring activities including the following tasks outlined in our agreement: o Task 1: Conduct a Citywide Risk Assessment o Task 2: Prepare an Annual Audit Plan o Task 3: Assist with Selection of a Financial Auditor and Assist in Managing the Financial Audit o Task 4: Various Tasks including periodic reporting, fraud/waste/abuse hotline, office administrative functions The Office of the City Auditor is seeking approval from the Policy & Services Committee of the Tasks Orders that correspond to the Tasks outlined above. The Task Orders provide the contractual authority to begin this work in the new Fiscal Year. An excerpt City of Palo Alto Page 2 from the contract outlining these tasks is below for ease of reference. Task 1. Citywide Risk Assessment: Beginning with year 1 and continuing at a minimum every other year thereafter, prepare a citywide risk assessment following the same review and approval requirements described in Task 2. The risk assessment process will be the primary determinant of subsequent audit activity. Task 2. Preparation of Annual Audit Plan: Prepare an annual audit plan for review by the City Manager and appropriate City Council committee(s), and approval by the City Council, that identifies preliminary objectives of each audit to be performed, the schedule for each audit, and the estimated not to exceed resources and costs for each audit. The City Auditor shall consult with the City Attorney as necessary when developing audit plans. The annual audit plan will be largely based on the risk assessment required in Task 1. Task 3. Selection of External Financial Auditor and Annual Audit Coordination: Coordinate the annual external financial audit in each year of the contract term. Pursuant to the City Charter, the City Auditor shall oversee the selection process for the annual external financial auditor. The City anticipates conducting a Request for Proposals for this purpose in early 2021. Task 4. Execute Annual Audit Plan: Conduct a minimum number of internal audits in accordance with each approved annual audit plan based on the risk assessments. Each internal audit will commence only upon the City’s approval of a Task Order (which may be at the task or sub-task level) as required by this Agreement. Each internal audit requires the preparation of a written report for review by the City Manager, City Attorney and appropriate Council committee, and review/approval by the City Council as required. Resource Impact Work recommended in these tasks is within both the approved scope and compensation of the contract with Baker Tilly and current proposed funding levels in the FY 2022 Proposed Operating Budget for the Office of the City Auditor. Environmental Impact This action is exempt from CEQA and requires no further environmental review. Attachments: • Office of the City Auditor - FY22 Task Orders PROFESSIONAL SERVICES TASK ORDER TASK ORDER FY22-001 Consultant shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 below are incorporated into this Task Order by this reference. The Consultant shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. C21179340 OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE) 1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE): 1B. TASK O RDER NO.: FY22-001 2. CONSULTANT NAME: Baker Tilly US, LLP 3. PERIOD OF PERFORMANCE: START: August 1, 2021 COMPLETION: November 30, 2021 4 TOTAL TASK ORDER PRICE: $20,000 BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT TBD 5. BUDGET CODE_______________ COST CENTER________________ COST ELEMENT______________ WBS/CIP__________ PHASE__________ 6. CITY PROJECT MANAGER’S NAME & DEPARTMENT: Lydia Kou, Chair of the City Council’s Policy and Services Committee 7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A) MUST INCLUDE:  SERVICES AND DELIVERABLES TO BE PROVIDED  SCHEDULE OF PERFORMANCE  MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)  REIMBURSABLE EXPENSES, if any (with “not to exceed” amount) 8. ATTACHMENTS: A: Task Order Scope of Services B (if any): N/A I hereby authorize the performance of the work described in this Task Order. APPROVED: CITY OF PALO ALTO BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________ I hereby acknowledge receipt and acceptance of this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: COMPANY NAME: ______________________ BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________ Attachment A DESCRIPTION OF SCOPE OF SERVICES Introduction Attachment A, the Description of Scope of Services, contains the following four (4) elements: • Services and Deliverables To Be Provided • Schedule of Performance • Maximum Compensation Amount and Rate Schedule (As Applicable) • Reimbursable Expenses, if any (With “Not To Exceed” Amount) Services & Deliverables Baker Tilly’s approach to updating the Citywide Risk Assessment involves four (4) primary steps: • Step 1: Project Planning & Management • Step 2: Information Gathering • Step 3: Analysis • Step 4: Reporting Step 1 – Project Planning & Management This step includes those tasks necessary to solidify mutual understanding of the risk assessment scope, objectives, deliverables, and timing as well as ensuring that appropriate client and consultant resources are available and well-coordinated. Tasks include: • Finalize project design – The first project activities will be to: o Identify communication channels and reporting relationships and responsibilities of project staff o Review and confirm project timelines o Review and confirm deliverables • Arrange logistics/administrative support – Matters to be addressed include schedules for interviews and data collection, contact persons in the departments, any other logistical matters, etc. • Conduct kick-off meeting with key project stakeholders Step 2 – Information Gathering This step involves gathering information, through various means, that will enable the project team to understand the various risks facing the City. Tasks include: • Request and review background information – the project team will develop an information request(s) in order to obtain various background information from the City. The request will include, but not be limited to: o Strategic plan(s) o Financial reports, including the most recent City Budget and Comprehensive Annual Financial Report (CAFR) o Operational policies and procedures o Municipal code o Consulting reports o Other relevant information and reports • Conduct interviews with City Council and management o Risk assessment interviews, aimed at understanding new or emerging risks and updates to City functions. • Conduct research into key risks in order to identify relevant information to assess risks Step 3 – Risk Analysis In Step 3, the project team will develop a risk matrix consisting of auditable areas (also referred to as an audit or risk universe). The risk matrix will include the following risk categories: • Environment, Strategy, and Governance – risks that have an organization wide impact and are not subject to a specific department or function (e.g., ethics) • Significant Projects and Initiatives – risks associated with large projects (e.g., capital projects, technology implementation) or City initiatives (e.g., employee engagement initiative). • Function Specific Risks – risks associated with a specific department or function (e.g., procurement policy compliance) After assembling a risk matrix, the project team will assess the likelihood and impact of potential adverse events in order to quantitatively score each auditable area for purposes of prioritizing audit activities. Step 4 – Reporting In Step 4, the project team will update the FY21 Risk Matrix and prepare a draft Risk Assessment Report. The project team will ask for input (general completeness, risk scoring) on the Risk Matrix from key project stakeholders. Upon finalization of the Risk Matrix, the project team will finalize the Risk Assessment Report. Deliverables: The following deliverables will be prepared as part of this engagement: • Risk Matrix • Risk Assessment Report • Presentation of Results to City Council (note that this may be combined with presentation of the Task 2 Annual Audit Plan) Schedule of Performance Anticipated Start Date: August 1, 2021 Anticipated End Date: November 30, 2021 Maximum Compensation Amount and Rate Schedule The not-to-exceed maximum, inclusive of reimbursable expenses (as summarized below) for this Task is $20,000. The not-to-exceed budget is based on an estimate of 100 total project hours, of which 30 are estimated to be completed by the City Auditor. Reimbursable Expenses If circumstances allow, Baker Tilly anticipates planning one on-site fieldwork week. Given this possibility, Baker Tilly could incur reimbursable expenses for this Task. The not-to-exceed maximum for reimbursable expenses for this Task is $1,800. The following summarizes anticipated reimbursable expenses: • Round-trip Airfare – $400 • Rental Car - $400 • Hotel accommodation - $700 (3 nights) • Food and incidentals – $300 Note that, if current restrictions associated with COVID-19 continue, an on-site visit may not be possible. The project team will work with the City to consider circumstances at the time. PROFESSIONAL SERVICES TASK ORDER TASK ORDER FY22-002 Consultant shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 below are incorporated into this Task Order by this reference. The Consultant shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. C21179340 OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE) 1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE): 1B. TASK O RDER NO.: FY22-002 2. CONSULTANT NAME: Baker Tilly US, LLP 3. PERIOD OF PERFORMANCE: START: August 1, 2021 COMPLETION: November 30, 2021 4 TOTAL TASK ORDER PRICE: $12,000 BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT TBD 5. BUDGET CODE_______________ COST CENTER________________ COST ELEMENT______________ WBS/CIP__________ PHASE__________ 6. CITY PROJECT MANAGER’S NAME & DEPARTMENT: Lydia Kou, Chair of the City Council’s Policy and Services Committee 7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A) MUST INCLUDE:  SERVICES AND DELIVERABLES TO BE PROVIDED  SCHEDULE OF PERFORMANCE  MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)  REIMBURSABLE EXPENSES, if any (with “not to exceed” amount) 8. ATTACHMENTS: A: Task Order Scope of Services B (if any): N/A I hereby authorize the performance of the work described in this Task Order. APPROVED: CITY OF PALO ALTO BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________ I hereby acknowledge receipt and acceptance of this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: COMPANY NAME: ______________________ BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________ Attachment A DESCRIPTION OF SCOPE OF SERVICES Introduction Attachment A, the Description of Scope of Services, contains the following four (4) elements: • Services and Deliverables To Be Provided • Schedule of Performance • Maximum Compensation Amount and Rate Schedule (As Applicable) • Reimbursable Expenses, if any (With “Not To Exceed” Amount) Services & Deliverables Baker Tilly’s approach to preparing the Annual Audit Plan involves two (2) primary steps: • Step 1: Consultation with City Council and Management • Step 2: Reporting Step 1 – Consultation with City Council and Management The Risk Matrix and Risk Assessment Report will serve as the primary drivers of the Annual Audit Plan. The project team will initiate discussions over Risk Assessment results, potential audit activities, and audit coverage with City Council and Management. The purpose of those conversations will be to understand the priorities of City Council, and to develop a Draft Annual Audit Plan. The Draft Annual Audit Plan will identify the following components for each audit activity: • Audit activity type – audit or consulting activity • Audit objectives and scope • Anticipated budget – both in terms of hours and budget • Anticipated timeline Step 2 – Reporting The project team will present the Draft Annual Audit Plan to the City Council in order to obtain input on each potential audit activity. Upon refining the plan, the project team will finalize the Annual Audit Plan for presentation to City Council. Deliverables: The following deliverable will be prepared as part of this engagement: • Annual Audit Plan Schedule of Performance Anticipated Start Date: August 1, 2021 Anticipated End Date: November 30, 2021 Maximum Compensation Amount and Rate Schedule The not-to-exceed maximum, inclusive of reimbursable expenses (as summarized below) for this Task is $15,000. The not-to-exceed budget is based on an estimate of 75 total project hours, of which 15 are estimated to be completed by the City Auditor. Reimbursable Expenses If circumstances allow, Baker Tilly anticipates planning one on-site fieldwork week. Given this possibility, Baker Tilly could incur reimbursable expenses for this Task. The not-to-exceed maximum for reimbursable expenses for this Task is $1,600. The following summarizes anticipated reimbursable expenses: • Round-trip Airfare – $400 • Rental Car - $400 • Hotel accommodation - $500 (2 nights) • Food and incidentals – $300 Note that, if current restrictions associated with COVID-19 continue, an on-site visit may not be possible. The project team will work with the City to consider circumstances at the time. PROFESSIONAL SERVICES TASK ORDER TASK ORDER FY22-003 Consultant shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 below are incorporated into this Task Order by this reference. The Consultant shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. C21179340 OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE) 1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE): 1B. TASK O RDER NO.: FY22-003 2. CONSULTANT NAME: Baker Tilly US, LLP 3. PERIOD OF PERFORMANCE: START: July 1, 2021 COMPLETION: June 30, 2022 4 TOTAL TASK ORDER PRICE: $20,000 BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT TBD 5. BUDGET CODE_______________ COST CENTER________________ COST ELEMENT______________ WBS/CIP__________ PHASE__________ 6. CITY PROJECT MANAGER’S NAME & DEPARTMENT: Lydia Kou, Chair of the City Council’s Policy and Services Committee 7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A) MUST INCLUDE:  SERVICES AND DELIVERABLES TO BE PROVIDED  SCHEDULE OF PERFORMANCE  MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)  REIMBURSABLE EXPENSES, if any (with “not to exceed” amount) 8. ATTACHMENTS: A: Task Order Scope of Services B (if any): N/A I hereby authorize the performance of the work described in this Task Order. APPROVED: CITY OF PALO ALTO BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________ I hereby acknowledge receipt and acceptance of this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: COMPANY NAME: ______________________ BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________ Attachment A DESCRIPTION OF SCOPE OF SERVICES Introduction Attachment A, the Description of Scope of Services, contains the following four (4) elements: • Services and Deliverables To Be Provided • Schedule of Performance • Maximum Compensation Amount and Rate Schedule (As Applicable) • Reimbursable Expenses, if any (With “Not To Exceed” Amount) Services & Deliverables Baker Tilly’s approach to the Office of the City Auditor’s role on the financial audit involves two (2) primary step in FY22. • Step 1: Selection of the Financial Auditor • Step 2: Assistance in Managing the Financial Audit Step 1 – Selection of the Financial Auditor In FY22, the project team will assist in the selection of the Financial Auditor. In order to accomplish this task, the project team will: • Meet with management to understand the nature of the existing agreement with the Financial Auditors • Work with the Purchasing Department to develop a strategy for selection, including developing the solicitation, formulating the selection committee, evaluating proposals, finalizing selection, and developing a contract document • Review the prior solicitation materials with the Purchasing Department, Administrative Services Department, and Legal Department to identify necessary updates and other considerations • Assist the Purchasing Department in finalizing the solicitation materials • Assist in coordinating activities of the selection committee • Assist in coordinating contract review between the selected vendor and the Legal Department • Periodically report on the status of the selection to the City Council • Assist, as needed and required, in City Council presentations related to the selection Step 2 – Role in Managing the Financial Audit In FY22, the project team will assist in managing the financial audit and presenting financial audit results to the Finance Committee and to the City Council, in accordance with municipal code. Deliverables: The final deliverable associated with this Task consists of a final contract with the selected Financial Audit vendor. Schedule of Performance Anticipated Start Date: July 1, 2021 Anticipated End Date: June 30, 2022 Maximum Compensation Amount and Rate Schedule The not-to-exceed maximum, inclusive of reimbursable expenses (as summarized below) for this Task is $20,000. The not-to-exceed budget is based on an estimate of 100 total project hours, of which 20 are estimated to be completed by the City Auditor. Reimbursable Expenses Baker Tilly anticipates incurring reimbursable expenses for this Task. The expenses will be incurred to attend the City Council meeting for final selection of the Financial Auditor. The not-to-exceed maximum for reimbursable expenses for this Task is $2,600. The following summarizes anticipated reimbursable expenses: • Round-trip Airfare – $800 (est. 2 round trip flights) • Rental Car - $500 • Hotel accommodation - $900 (4 nights) • Food and incidentals – $400 Note that, if current restrictions associated with COVID-19 continue, the final presentation may take place virtually. The project team will work with the City to consider circumstances at the time. PROFESSIONAL SERVICES TASK ORDER TASK ORDER FY22-005 Consultant shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 below are incorporated into this Task Order by this reference. The Consultant shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. C21179340 OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE) 1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE): 1B. TASK O RDER NO.: FY21-005 2. CONSULTANT NAME: Baker Tilly US, LLP 3. PERIOD OF PERFORMANCE: START: July 1, 2021 COMPLETION: June 30, 2022 4 TOTAL TASK ORDER PRICE: $50,000 BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT TBD 5. BUDGET CODE_______________ COST CENTER________________ COST ELEMENT______________ WBS/CIP__________ PHASE__________ 6. CITY PROJECT MANAGER’S NAME & DEPARTMENT: Lydia Kou, Chair of the City Council’s Policy and Services Committee 7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A) MUST INCLUDE:  SERVICES AND DELIVERABLES TO BE PROVIDED  SCHEDULE OF PERFORMANCE  MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)  REIMBURSABLE EXPENSES, if any (with “not to exceed” amount) 8. ATTACHMENTS: A: Task Order Scope of Services B (if any): N/A I hereby authorize the performance of the work described in this Task Order. APPROVED: CITY OF PALO ALTO BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________ I hereby acknowledge receipt and acceptance of this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: COMPANY NAME: ______________________ BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________ Attachment A DESCRIPTION OF SCOPE OF SERVICES Introduction Attachment A, the Description of Scope of Services, contains the following four (4) elements: • Services and Deliverables To Be Provided • Schedule of Performance • Maximum Compensation Amount and Rate Schedule (As Applicable) • Reimbursable Expenses, if any (With “Not To Exceed” Amount) Services & Deliverables Baker Tilly will provide the following services in Task 5: • Quarterly Reports • Annual Status Report • Provision of the City Hotline • Office Administrative Functions Deliverables: The following deliverable will be prepared as part of this engagement: • Quarterly Reports (4 in FY22) • Annual Status Report Schedule of Performance Anticipated Start Date: July 1, 2021 Anticipated End Date: June 30, 2022 Maximum Compensation Amount and Rate Schedule The not-to-exceed maximum, inclusive of reimbursable expenses (as summarized below) for this Task is $50,000 The not-to-exceed budget is based on an estimate of 250 total project hours, of which 80 are estimated to be completed by the City Auditor. Reimbursable Expenses Baker Tilly anticipates incurring reimbursable expenses for this Task. The expenses will be incurred to present Quarterly Reports to City Council. The not-to-exceed maximum for reimbursable expenses for this Task is $2,800. The following summarizes anticipated reimbursable expenses: • Round-trip Airfare – $1800 (est. 4 round trip flights) • Rental Car – $1000 • Hotel accommodation - $1800 (8 nights) • Food and incidentals – $1000 Note that, if current restrictions associated with COVID-19 continue, the final presentation may take place virtually. The project team will work with the City to consider circumstances at the time. City of Palo Alto (ID # 12342) Policy and Services Committee Staff Report Report Type: Action Items Meeting Date: 6/8/2021 City of Palo Alto Page 1 Summary Title: Update on Recent Race and Equity Work Title: Receive an Update on Recent Race and Equity Work Since March Including an Update on a Records Management System (RMS) Contract for Police Data Collection and Provide any Recommendations on the City's Race and Equity Work From: City Manager Lead Department: City Manager Recommendation Staff recommends that the Policy and Services Committee Receive this Update on the City’s Recent Race and Equity Work and Provide any Recommendations on the City’s Race and Equity Work. Background As part of the City’s ongoing Race and Equity work, the City Council adopted a list of directives in November 2020 (link to Action Minutes (pages 4 and 5): https://www.cityofpaloalto.org/civicax/filebank/documents/79566; Report CMR 11754). The directives and progress on each of the directives, as well as other efforts since March 2021, are detailed in this report. Discussion In addition to the directives made by the City Council in November 2020, the City has been engaged in many community initiatives, conversations, and events related to race, equity, and culture. The City issued a blog update to share information about race and equity events occurring throughout the months of May and June. It offers ways to connect together through fostering healing, celebrating the City’s diverse cultures, promoting race and equity, and focusing on community wellness and well-being. The blog included information about many things including: Asian American Pacific Islander Heritage Month May is Asian American and Pacific Islander (AAPI) Heritage Month. This year the Library and Community Services Department joined with many community volunteers to deliver a series of events for the entire community to recognize and celebrate the culture and contributions of City of Palo Alto Page 2 the AAPI community. Human Relations Commission 100 Conversations on Race and Lived Experiences in Palo Alto Building on the feedback shared with the City Council in January 2021 in the Black and Brown Palo Alto – History and Current Experience (CMR #11911) Report, the Human Relations Commission is leading an initiative called “100 Conversations on Race and Lived Experiences in Palo Alto.” The initiative is intended to encourage the community to have conversations about race in small groups to grow Palo Alto into a community characterized by belonging, vested in diversity, inclusion, and equity and committed to putting words into action. The community can sign up online to participate at: https://www.100conversations.net/. Art Center: Starting May 1 and running through August 14, the Palo Alto Art Center will be showcasing The Black Index exhibition, featuring the work of Dennis Delgado, Alicia Henry, Kenyatta A.C. Hinkle, Titus Kaphar, Whitfield Lovell, and Lava Thomas. The artists featured in The Black Index build upon the tradition of Black self-representation as an antidote to colonialist images. Using drawing, performance, printmaking, sculpture, and digital technology to transform the recorded image, these artists question our reliance on photography as a privileged source for documentary objectivity and understanding. Library Book to Action: How to be an Anti-Racist Throughout the month of May, the Library hosted a series of virtual events inspired by the book selection, How to Be An Antiracist by Ibram X. Kendi and the themes of racial equity and antiracism. This included a partnership with Stanford’s The Bill Lane Center for the American West hosting a conversation between Rev. Kaloma Smith and author Julie Lythcott-Haims. They discussed what an antiracist community looks like and how can we work together to achieve an antiracist community in Palo Alto. Cities Association of Santa Clara County In addition to the events and updates shared in the aforementioned blog, the City is also following the recommendations that the Cities Association of Santa Clara County is working on through their Racial Justice Committee. The recommendations are a result of the acknowledgement that the events of 2020 have created unprecedented health and social challenges affecting all communities, disproportionately those of Black people, Latinx people, Indigenous people, other people of color, immigrants, and the incarcerated. The Racial Justice Committee is focused on the priorities of affordable housing, public safety reform, and hate crimes against the Asian American Pacific Islander (AAPI) community. Their initial recommendations will go to the Board for approval on June 10. The draft recommendations are included with this report as Attachment A. Staff is reviewing the recommendations and will act upon and/or bring back recommendations for the Policy and Services Committee after the Cities Association Board has approved the final document. The Palo Alto Police Department is ahead of many other departments by already progressing with a partnership with California City of Palo Alto Page 3 POST on a virtual reality training tool which is one of the Cities Association recommendations. Palo Alto Summit on Women and Girls: The City of Palo Alto will be hosting a local Summit on Women & Girls (“Women and girls” refers to a gender expansive and inclusive definition). The theme is Equity and Inclusion for Women and Girls – COVID and Beyond. The Summit will serve as a starting point to inform, mobilize, and energize the city and community towards greater opportunity and equity for women and girls in keeping with the City’s commitment to race and equity. The event is on Saturday, June 12, 2021 and the community can learn more about the event and sign up here: https://www.cityofpaloalto.org/Events-Directory/City-Manager/Summit-on-Women-Girls. Status Update on each of the November 2020 City Council Directives: Directive Directive Text Status A Adoption of the mission statement as a guiding statement of the City’s commitment to make equity a foundational principle in the City’s operational work; Completed: the mission statement was adopted by City Council on November 16, 2020. B Direct Staff to expedite implementation of the new police records management system (RMS) with quarterly reports to Council, and to return with the necessary agreements for the records management system allowing for Racial and Identity Profiling Act (RIPA) implementation; This work is underway. A detailed update is included below this table. C Starting after the full implementation of the RMS and the first data collection period, direct Staff to resume annual data collection and analysis of police contact data similar to the previous Stop Data reports; This will occur upon completion of RMS implementation (item B above). D Direct Staff to work with Santa Clara County on implementation of participation in the Santa Clara County Psychiatric Emergency Response Team (PERT) program and the Mobile Crisis Response Teams (MCRT) program and to return to the City Council with any necessary agreements for program participation; Staff has made significant progress on this directive since March. A detailed update on this item is included below this table. E Direct Staff to develop/update a policy on the timing of records release related to investigations that qualify for public disclosure under SB 1421 and AB 748; Staff has finalized a policy and workflow related to the release of records associated with investigations that qualify for public disclosure under SB 1421/AB 748. All incidents to date meeting the disclosure criteria under SB 1421/AB 748 have been released and posted online. City of Palo Alto Page 4 Directive Directive Text Status F Direct Staff to amend and expand the current Independent Police Auditor’s (IPA) scope of services to include all administrative use of force reports where a baton, chemical agent, TASER, less-lethal projectile, canine, or a firearm is used, and all cases where the subject’s injuries necessitate any treatment beyond minor medical treatment in the field; Staff is working with the IPA on the contract amendment which includes this language as part of the expanded scope of services. The contract is planned to come to the City Council for approval on June 14, 2021. More information about the timeline for the IPA-related items were included in the March 9, 2021 Update Report in the Timeline section. G Direct Staff to maintain an every six (6) months schedule for IPA reports to City Council containing reviews ready at the time of the report; and for the IPA to provide an audit workplan to the City Council for approval; Staff is working with the IPA on the contract amendment which includes this language as part of the expanded scope of services. The contract is planned to come to the City Council for approval on June 14, 2021. More information about the timeline for the IPA-related items were included in the March 9, 2021 Update Report in the Timeline section. The most recent IPA report was published on March 22, 2021 as an informational memo. The supplemental staff report contained the timeline information as described in the Timeline Section of the March Race and Equity Update report. H Direct Staff to include use of force information to the regular Supplemental Report submitted to the City Council as a cover memorandum to each IPA report; The use of force (UOF) information for Jan. 1, 2015 – June 1, 2020 is available online (https://tinyurl.com/4kwwy6xb). The next UOF report will be included as part of the Supplemental Report in January 2022 in order to include a full calendar year of data. I Refer the police reform legislative priority thoughts and input to the Policy and Services Committee who will be discussing the City’s legislative priorities in December 2020; Completed. This recommendation has been completed; it was included in the City Council-adopted legislative guidelines (CMR #11968: https://tinyurl.com/evzjwhpw). Staff and the legislative advocates continue to track bills. J Refer all race and equity work to the Policy and Services Committee for citywide diversity and inclusion practice areas and policing practice Completed: The P&S Committee has been receiving quarterly updates and discussion items related to the City City of Palo Alto Page 5 Directive Directive Text Status areas; Council Social Justice priority and Race and Equity. Staff is working to get supplemental help to assist the City with developing a race and equity roadmap, training, and staff assessments. K Direct Staff to return in the fall of 2021 with parameters, proposals, and strategies prior to engaging in Palo Alto Peace Officers’ Association negotiations; This will occur in fall 2021 prior to negotiations. L Direct Staff, in coordination with the City’s overall diversity and inclusion efforts, to conduct a workforce demographic assessment as baseline information and to pursue an employee assessment to measure City workforce culture; Staff has begun this analysis. Staff also began a demographic assessment of the City’s Boards, Committees, and Commissions (BCC). The survey is still open and anonymous responses from BCC members are coming in. M Policy and Services CEDAW recommendation: Direct Staff to proceed with a community summit on gender equity issues and next steps in Palo Alto; The Palo Alto Summit on Women and Girls is scheduled for Saturday, June 12, 2021 with keynote speaker Lori Nishura Mackenzie. She will speak on Intersectionality and the Impact of COVID on Women. Sign up at: https://www.cityofpaloalto.org/Events- Directory/City-Manager/Summit-on- Women-Girls N If the County does not assign a resource to Palo Alto in the next six months, refer to Policy and Services Committee the exploration of the feasibility of a CAHOOTS-type program; Staff has made significant progress on this directive since March. A detailed update on this item is included below this table. O Amend the contract to require the Independent Police Auditor (IPA) to meet with the City Council in open session twice a year with each report; Staff is working with the IPA on the contract amendment which includes this language as part of the expanded scope of services. The contract is planned to come to the City Council for approval on June 14, 2021. P Refer to the Policy and Services Committee consideration of the Independent Police Auditor (IPA) oversight of internal complaints regarding misconduct related to harassment, discrimination, or retaliation resulting in city investigation of uniformed officers. The Policy and Services Committee fulfilled this City Council referral and had this discussion at the April 13, 2021 meeting. The staff report with helpful information is online as well as the action minutes. The Committee voted to: recommend the City Council direct Staff and IPA to include harassment, retaliation and discrimination claims City of Palo Alto Page 6 Directive Directive Text Status within the IPA scope; and research best practices to balance the needs of transparency and public oversight while preserving the anonymity of complainants, witnesses and the subject. Staff has spoken with the IPA and will include information relative to the Policy and Services Committee recommendation when the overall IPA contract comes to the City Council for consideration on June 14, 2021. Q Direct Staff to work with IT to streamline publishing police policy updates to the City website on a quarterly basis. Completed. The Police Department found a solution to streamline the redaction process to make quarterly updates. The policy was last updated on May 1, 2021. Further Details: Directive B: Expedite implementation of the new police records management system (RMS): The RMS kickoff meeting was on May 12, 2021. The tentative go-live date for the RMS system is mid-November. One possible complication which could affect the go-live date is the City of Los Altos needing to complete their old RMS data conversion into the new system. Staff will continue to monitor Los Altos’ progress and update the Committee of any delays. Staff is working on logistics, including identifying trainers for the new system and determining how to set up and retrofit the required City-network computer terminals. Staff is working on connections to Department of Justice (DOJ) applications, providing mapping sources, and preparing table codes which are all necessary infrastructure for the new system. Race and Identity Profiling Act (RIPA) Data: The Police Department will be submitting stop data, as required by AB 953, beginning January 1, 2022. The DOJ does not want formal data submissions before that date because the mandate calls for annual data reporting. The Palo Alto Police Department has already started a test submission account to become familiar with the process. The Police Department will be submitting stop data directly through the DOJ web portal and then transition to submitting data through the new RMS product after testing has occurred, once the RMS system is live in November 2021. Given that a year of data will be collected starting in January 2022, the first annual stop data report for the Palo Alto Police Department is anticipated to be available from the DOJ in 2023. The City is in compliance with the Department of Justice (DOJ) requirement regarding radio encryption to protect personally identifiable information. Given public interest, staff is exploring options that would allow the City to provide information to the public without sharing City of Palo Alto Page 7 personally identifiable information about calls for service. One option being explored is an add- on to the RMS system which, if meeting the City’s needs, could begin to be implemented in the RMS system at the earliest in November after the system is fully operating for the statutory RIPA purposes previously described. Staff will continue to explore this option and will share updates in future reports. Staff is also researching other web-based systems as options but has no recommendation at this time. Directive D: Direct Staff to work with Santa Clara County on implementation of participation in the Santa Clara County Psychiatric Emergency Response Team (PERT) program and the Mobile Crisis Response Teams (MCRT) program and to return to the City Council with any necessary agreements for program participation: Staff has moved on this directive in a few meaningful ways since the last update to the Policy and Services Committee in March this year. The three major updates are as follows: 1. County PERT Program: Santa Clary County Behavior Health Department is leading the charge to hire clinicians for the Psychiatric Emergency Response Team (PERT) program. As of the report in March 2021, the County has continued to conduct interviews to fill the clinician positions. The City of Palo Alto has helped in the marketing of the position through the City’s social media channels. The County is closer to securing a clinician resource for Palo Alto in the PERT program where a licensed clinician is partnered with a sworn law enforcement officer and helps to respond to higher-level mental health crises. The Police Department is working on the internal work necessary to be ready to move forward with the partnership once the County informs the City that they have hired a clinician and assigned that person to Palo Alto. 2. County’s new Community Mobile Response (CMR) Program (CAHOOTS-like program): Santa Clara County Behavior Health Department made a presentation to the Policy and Services Committee in March 2021 (CMR #12051) about their new CAHOOTS-like program. The CMR program is a non-law enforcement response to lower-level mental health crises modeled after the Eugene, Oregon CAHOOTS program. The Policy and Services Committee discussed sending a letter to the County in support of the program during the open comment period for the program in March 2021. Staff sent a letter (Attachment B) on behalf of Palo Alto stating the City’s interest in being included in the program. Staff has also spoken at the public meetings (including the County Board of Supervisors) expressing Palo Alto’s interest in the program. The program originally only had proposed sites in East San Jose and Gilroy. Based on Palo Alto’s advocacy, the County expanded the program and the financial structure of the grant program to include a North County site to serve all of northern Santa Clara County and based in the Mountain View/Sunnyvale/Santa Clara area. The State Mental Health Services Oversight and Accountability Commission approved the innovation grant funding for the program for 4.5 years for the three County sites. The approved program overview is included here: https://mhsoac.ca.gov/sites/default/files/MHSOAC_Materials_05272021_0.pdf beginning on page 101, and the presentation made to the Commission can be found here: https://mhsoac.ca.gov/sites/default/files/MHSOAC_Handouts_05272021.pdf. City of Palo Alto Page 8 3. Requesting funds for an alternative mental health response program: In order to ensure adequate coverage of a mental health alternative response program for Palo Alto, the City also submitted for federal Community Project Funding (earmarks) for financial support for this type of program in partnership with the City of Mountain View and the City of Los Altos. The City received many letters of support for this type of program to accompany the application. Congresswoman Eshoo pushed forward the City’s request to the subcommittee of the Appropriations Committee. Though there are many steps to go and no certainty of receiving the funds, the City is proud to have made it this far in pursuing additional funds to complement any mental health alternative response program in North County and ensure adequate coverage of Palo Alto’s needs. Timeline, Resource Impact, Policy Implications Staff anticipates providing the next Race and Equity Update to the Policy and Services Committee this fall. Other specific topic areas could be scheduled to come back at different dates. Resource Impact The expansion of the IPA contract will have a fiscal impact, and will be noted in the June 14, 2021 Council item on this matter. Stakeholder Engagement Engaging the community at large to provide feedback for the City’s Race and Equity strategy has been a priority throughout this process as shown in the Framework. The City continues to engage the community through a series of Race and Equity conversations, including the “100 community conversations” initiative that the Human Relations Commission is undertaking as well as all the events that took place throughout the month of May and the Summit on Women and Girls in June. Updates on the City’s ongoing efforts can be found on the Race and Equity webpage on the City website (www.cityofpaloalto.org/raceandequity). Attachments: • Attachment A-Cities Association Racial-Justice-Subcommittee Racial Justice Committee Members: Vice Mayor Chappie Jones, City of San Jose, Chair Mayor Margaret Abe-Koga, City of Mountain View Mayor Rich Constantine, City of Morgan Hill Vice Mayor Neysa Fligor, City of Los Altos Mayor Larry Klein, City of Sunnyvale Mayor Marico Sayoc, Town of Los Gatos Steve Preminger, Santa Clara County Executive’s Office Background While simultaneously navigating the COVID-19 pandemic, the Cities Association of Santa Clara County (CASCC) formed the Racial Justice Committee in response to the murder of George Floyd and the civil unrest that followed. The events of 2020 have created unprecedented health and social challenges affecting all of our communities, and disproportionately affecting those of Black people, Latinx people, Indigenous people, other people of color, immigrants, and the incarcerated. We can no longer ignore the systems that are failing our communities of color because they are failing all of us. Despite these challenges, we recognize that the Bay Area thrives because of the inherent diversity of our communities. Rising rents and home prices affect everyone, and they have an especially hard impact on people of color and those working lower-paid jobs, many of whom are being forced out of the region. We need to act so that race no longer predicts life outcome, and we can continue to stay in this unique place we all love. As elected leaders across the County, we have a responsibility to advance opportunities for all and achieve racial equity through partnerships with others. More importantly, there is an opportunity for each of the 15 cities in Santa Clara County to have a greater impact if we take action together. Consequently, the committee found consensus to focus on three priorities: 1.Affordable Housing – Policy recommendations as an effort to expand housing opportunities for underserved populations 2.Public Safety Reform – Rebuilding trust with the community in collaboration with the Santa Clara County Police Chiefs Association 3.Hate Crimes Against Asian American Pacific Islander (AAPI) Community in collaboration with the Santa Clara County Task Force on Hate Crimes It is understood that each jurisdiction and community is unique. Some of our member cities may already have some of the proposed policies in place and some may not. Though it is not expected that all jurisdictions will support or adopt every one of the recommendations listed, they are suggested for consideration and potential action as concrete steps the region can take to further advance racial justice. 1.Affordable Housing Recommendations for Consideration Attachment A CASCC Racial Justice Committee Draft Recommendations May 8, 2021 Page 2 of 8 Historical legacies and policies have created racial inequities in housing long before COVID-19. There is an opportunity for local leaders to boldly tackle systemic racism in their housing systems and repair the harms that have resulted in racial segregation, displacement, and inequitable communities. Goal: • Expand housing policies and create housing opportunities for diverse communities and people of color. • Increase affordable housing outreach, access, and occupancy in historically underserved communities. Action 1: Support AB 649 (Cortese) Affordable Housing Tenant Preference Bill Description: Displacement causes lower-income residents, who are disproportionately people of color in many California communities, real tangible problems: physical health problems, mental health problems, and educational deficiencies. SB 649 creates a State policy that supports greater access to affordable housing for underserved populations facing displacement. It aligns anti-displacement tenant preferences with Internal Revenue Code requirements, thereby qualifying affordable housing developments that use tenant preferences for tax credit or bond financing. This allows cities the option to require an anti-displacement tenant preference for affordable housing units, if they desire. At the Cities Association Racial Justice committee Meeting of April 9, 2021, this recommendations was referred to the Legislative Action Committee for review. It will be included in their June 10, 2021 meeting. Action 2: Support A Regional Affordable Housing Online Portal Description: Encourage cities to participate and utilize a single online portal to market all affordable listings in their jurisdictions across the region. This could serve as a single place where all local affordable listings may be found with jurisdiction specific information. Pending the passage of AB 649, cities could narrow the scope of opportunities to local residents. This platform is an opportunity to share and save costs across jurisdictions, especially for those that have not yet undertaken this effort. o City of San Jose recently approved on March 18, 2021, the Doorway Portal Collaborative:https://sanjose.legistar.com/LegislationDetail.aspx?ID=4854843&GUID=D FFD8618A39E-497F-9E8F-8941475935C7&Options=&Search=. City of San Jose is leading effort for the county and welcomes collaboration with other jurisdictions. CASCC Racial Justice Committee Draft Recommendations May 8, 2021 Page 3 of 8 o The City of San José, Alameda County, and San Mateo County are part of this regional effort and are in various stages of Doorway implementation. Other agencies, including the Housing Authority of Santa Clara County, are also evaluating current and planned features of the Doorway platform. o The City/County of San Francisco has established an affordable housing portal with the same provider, Exygy Inc., known as DAHLIA, and can be viewed at https://housing.sfgov.org/. This website lists all affordable housing vacancy opportunities in one place, simplifies the application process, and provides automated tools for property managers to facilitate the processing of applications o The mission of the Regional Doorway Collaborative is to (1) improve access to affordable housing by making it easier to find and apply for affordable housing in the Bay Area, (2) generate data on housing demand and placement to facilitate more efficient use of affordable housing resources, (3) help advocate for more resources for these efforts, and (4) facilitate alignment in tenant preferences used in various jurisdictions to the extent possible. o The Regional Doorway Collaborative envisions a simple and equitable way for residents to find and apply for affordable housing throughout the Bay Area and is working to create a unified multi-lingual platform with transparent processes from marketing to movein. It will include both an Applicant Portal and a Partners Portal. The Applicant Portal will provide a website for prospective tenants to find all affordable housing vacancy listings in one location. Applicants will be able to submit applications online through the Applicant Portal, and affordable housing property managers will be able to efficiently manage applications for tenancy through the Partners Portal. The Cities of Morgan Hill, Gilroy, Santa Clara, Campbell, Los Gatos, and Mountain View currently utilize HouseKeys as its Affordable Housing Program Administrator to provide affordable housing opportunities (ownership, rental, and finance programs) to income- eligible households. The City of Morgan Hill has worked with HouseKeys for the past 5 years investing in and building an online portal to market affordable listings in their jurisdiction and collect data to ensure that they are currently marketing to underserved/diverse communities. It is a platform now used by other cities and can be viewed at: https://www.housekeys.org/muni. Other cities in the County market their affordable housing units via third party administrators on their websites linked below: ▪ Los Altos – Alta Housing ▪ Palo Alto – Alta Housing ▪ Milpitas ▪ Cupertino – Rise Housing ▪ Sunnyvale CASCC Racial Justice Committee Draft Recommendations May 8, 2021 Page 4 of 8 Action 3: Affirmative Fair Housing: Expand HUD Outreach Policy, Countywide Assessment on Fair Housing, Adopt Citywide Fair Chance Housing Policy, Adopt Inclusionary Housing Policy Description: Advancing Fair Housing will create more equitable opportunity for minority populations and advance racial justice in Santa Clara County. According to government code, affirmatively further fair housing means “taking meaningful actions, in addition to combatting discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.” The following are identified as steps each city in Santa Clara County could take, and many have already started taking, to advance fair housing in their city. Expand HUD Outreach: As of now, affordable housing units that are federally subsidized are required to use affirmative fair marketing. Encourage affirmative fair housing countywide by all cities and require a marketing plan tailored to identify the least likely to apply by using census data to inform that plan. This would be an effort to expand marketing to all affordable projects and not just those that are federally subsidized. The HUD form required by developers using federal HOME funds is here for reference: https://www.hud.gov/sites/documents/935-2A.PDF Countywide Assessment on Fair Housing: Engaging in a countywide assessment will highlight the inadequacies and identify clear policy changes that could assist in fair housing across Santa Clara County. Strengthen or Adopt Citywide Fair Chance Housing Policy: Citywide Fair Chance Housing Policy’s will break down barriers of entry to housing for those who have criminal backgrounds and low credit scores. Historically, minority populations come from over-policed areas and are given more severe punishments which perpetuates a system of housing insecurity through generations. Low credit takes years to build back up and can be a difficult obstacle to overcome for populations seeking housing. Strengthen or Adopt Inclusionary Housing Policy: Requiring a percentage of new construction to be affordable will demand more diverse and inclusive communities, particularly in communities of opportunity and transit rich areas where lower income residents are vastly out-priced for market-rate rentals. Eleven of fifteen cities in the County have adopted inclusionary housing policies: Campbell, Cupertino, Los Altos, Los Gatos, Milpitas, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, and Sunnyvale. Action 4: Proactively engage both communities of color and lower-income residents, homeowners, and renters in the upcoming Housing Element update process. CASCC Racial Justice Committee Draft Recommendations May 8, 2021 Page 5 of 8 Description: Historically, some residents of our communities have been underrepresented in public discussions around land use and affordable housing policy and planning. The upcoming Housing Element update process is different from past cycles and now requires explicit engagement with State Law requiring that jurisdictions take steps to affirmatively further fair housing, and more explicit indication of where cities are planning for future affordable housing development. This is a tremendous opportunity to bring the full spectrum of community perspectives into public discussions about the future of their cities. However, experience shows that unless this is made a priority, and steps are taken to specifically engage communities often missing from these discussions, their perspectives will be left out, and opportunities for a sense of collective civic purpose will be missed. Action 5: Develop a Statement of Support for Land Use Changes that Diversify Communities Description: Finding ways to integrate multifamily housing into communities of opportunity is critical to desegregate Bay Area cities. Exploring policies that will allow more affordable units in higher cost, transit rich communities of opportunity will make room for more and diverse types of housing and thus advance racial justice in Santa Clara County. Action 6: Increase housing education for diverse populations Description: Increase and promote a countywide campaign on education about home ownership opportunities for marginalized communities that are unaware of the steps needed to qualify for ownership. Partner with current organizations that provide this service, such as HUD approved counseling agencies, e.g. Project Sentinel. Consider collaboration with a community organization for funding of this campaign. Action 7: Endorse the 2020 Community Plan to End Homelessness and Develop Implementation Plans. Description: The 2020 Community Plan to End Homelessness is endorsed by the CASCC and seven Santa Clara County jurisdictions with several others in the process of formally endorsing. The Plan will aim to house 20,000 residents over 5 years, prevent future homelessness from occurring for at-risk and housing-insecure individuals, and improve the lives of those individuals residing in shelters and encampments. It is also critical that Cities develop their own individual implementation plans and identify resources to address homelessness consistent with the 20202025 Community Plan to End Homelessness. 2. Public Safety Reform – Rebuilding Trust with the Community in collaboration with the Santa Clara County Police Chiefs Association Following the murder of George Floyd, nationwide protests erupted that called for police reform in the United States. In the past 11 months this has led to new laws, proposals, and public directives at all levels of government to address the key issues of police misconduct, systemic racism, racial bias, CASCC Racial Justice Committee Draft Recommendations May 8, 2021 Page 6 of 8 and police brutality. In reaching out to the Santa Clara Police Chiefs Association, we strive to collaborate on rebuilding trust between our police departments and members of the public through accountability, transparency and community engagement. In doing so, our various police departments shared their police reform efforts, which are displayed in Attachment A. The law enforcement agencies within Santa Clara County have been diligently working towards police reform that works for the safety of both the community and the officers. Though they have made much progress, there is still much left to do, especially in terms of addressing the crux of the issue that has led to brutal deaths of civilians at the hands of police officers: Use of Force. Thus, as a collaborative effort with the Santa Clara County Police Chiefs Association, the CASCC strongly supports advancing training for our police officers through the utilization of Virtual Reality (VRDT) technology for Crisis Intervention Training and encourages all public safety departments within the County to complete it. This technology is considered new and is being used in Sacramento to recreate real-world police encounters and incorporate lessons learned into the training curriculum such as cultural competency, de-escalation, critical decision-making, peer intervention and implicit bias training. This technology would allow for controversial police incidents that occur across the country to be turned into virtual reality simulations almost instantaneously after they occur, allowing officers to learn from real life mistakes, and train for real world situations. VRDT technology increases efficiency in scenario-based training and allows officers to train with all of their tools – handgun, Taser, rifle, OC, and flashlight. Additional benefits include decreasing the need for instructor’s/role players during real life scenario drills, alleviating the need for different training locations, and introducing an array of virtual environments with different environmental factors at play. All equipment needed for this training will be provided by California’s Commission on Peace Officer Standards and Training (POST) with an estimated delivery date of June 2021. Two departments that applied for utilization of the technology include San Jose and Sunnyvale. Both agencies are willing to host the training of other departments. This new technology is a critical tool that all departments should utilize as an effort to improve the training of our police officers and further reform policing in Santa Clara County. 3. Hate Crimes Against Asian American Pacific Islander (AAPI) Community in collaboration with the Santa Clara County Task Force on Hate Crimes Santa Clara County formed a new Task Force on Hate Crimes to address the recent spike in hate crimes, particularly among Asian Americans. The Task Force was formed in December 2020 and is co-led by San Jose Council Member Maya Esparza and County Board of Supervisor Cindy Chavez. The Task Force includes a body of voting members and a body of advisory members. President and Los Gatos Mayor Marico Sayoc represents the Cities Association as an Advisory Board Member. She will be bring forward efforts to the CASCC Board that will benefit from action by our member cities to address and curb the spike in hate crimes against Asian American members of our communities to create a more inclusive society. CASCC Racial Justice Committee Draft Recommendations May 8, 2021 Page 7 of 8 The Hate Crimes Task Force will be a multisector effort to investigate, educate, prevent, and combat hate incidents and hate crimes in the County of Santa Clara. The Task Force will advise on strategies and areas for improvements and investments, and strategies relative to appropriate services and programs to address, reduce, and prevent hate incidents and hate crimes. The Task Force shall consider the following: • Facilitating coordinated responses by local, state, and federal investigators and prosecutors; • Engaging law enforcement’s response to the hate crime problem and providing input for improvements; • Appropriate educational and community outreach programs designed to reduce and address hate incidents and hate crimes; • Appropriate services, resources, and programs for victims; • Collaborating with multisector partners regionally, nationally, and internationally to share information and strategies for ending hate incidents and hate crimes. A holistic approach will leverage existing efforts to improve and expand data collection, study and evaluate the pathology of hate incidents and hate crimes, educate the community and expand on school programming, implement programs and services for victims, and offer resources and tools to drive the County towards a hate free community. The meetings are scheduled to take place in the Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, San Jose, or by virtual teleconference on the following days: Friday, February 26, 12pm* Friday, March 26, 12pm Friday, April 23, 12pm Friday, June 25, 12pm Friday, August 27, 12pm Friday, October 29, 12pm *Denotes Special Meeting In addition to collaboration with the Santa Clara County Task Force on Hate Crimes, the committee shall explore sponsorship of bystander intervention training for the community members of all of our member jurisdictions. Bystander intervention training has been proven to empower bystanders to intervene when witnessing disrespect or harassment. CASCC Racial Justice Committee Draft Recommendations May 8, 2021 Page 8 of 8 City of Palo Alto (ID # 12341) Policy and Services Committee Staff Report Report Type: Action Items Meeting Date: 6/8/2021 City of Palo Alto Page 1 Summary Title: Discuss Possible Edits to the Council Procedures and Protocol Title: Council Retreat Referral to Discuss Possible Edits, Changes, or Updates to the City Council Procedures and Protocols Handbook From: City Manager Lead Department: City Manager Recommendation: Staff recommends that Policy and Services Committee consider and discuss suggested edits, changes, and revisions to the City Council Procedures and Protocols (CPP) and refer selected changes to staff for inclusion into the City Council Procedures and Protocols document. Staff can return to Policy and Services for additional review at a future meeting or submit directly to the full City Council, as recommended by Policy and Services. Background: The Municipal Code provides that the City Council should adopt “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” (PAMC section 2.04.100). The City Council adopted the first version of the City Council Procedures and Protocols Handbook in the early 2000s. The Handbook calls on the City Council to review its procedural rules and protocols annually. (CPP, Protocols Section 3.1, p. 34). This is typically done at the City Council’s January retreat. The Handbook has been amended numerous times over the years with updates to particular sections, though the core of the document has remained largely unchanged for over 20 years. Most recently, the City Council adopted a set of changes on February 1, 2020. The Policy and Services Committee reviewed the City Council Procedures and Protocols Handbook (CPP) at their December 8, 2020 meeting (CMR #11814; Action Minutes), in preparation for the City Council’s upcoming annual retreat in January 2021. At that time, no changes were suggested, and no action was taken by the Committee. The full City Council discussed the CPP at the City Council Retreat held January 30, 2021 (CMR #11964; Action City of Palo Alto Page 2 Minutes), and requested that the Policy and Services Committee consider any recommendations for changes and editing that City Council members would suggest via email to staff. The Policy and Services Committee continued this item from the March 9, 2021 meeting without discussion on that date. This memo for the June 2021 Policy and Services meeting is intended to replace the memo (CMR #12052) from the March 9, 2021 meeting. Staff combined all information received from City Councilmembers into this report, as Attachment A and also provided a few additional items for Committee consideration and discussion. Discussion: The CPP describes the way the Palo Alto City Council does its business and is a directional guide (PAMC section 2.04.100). It is intended to accomplish two goals: first, the CPP is an informational guide for anyone doing business or appearing before the City Council. Second, the CPP is a compilation of procedures and protocols that have been formally adopted by the City Council. Municipal Code 2.04.100 states the following related to the handbook: Municipal Code 2.04.100 - Handbook of procedural rules The Council shall adopt by resolution a handbook of procedural rules governing any aspect of the conduct of meetings and hearings for the council and its standing committees, including but not limited to agenda requirements, the order of business, rules of order, rules of evidence, closed session procedures and rules for public participation in meetings. The handbook of procedural rules shall be deemed guidelines and failure to comply with any procedural rule shall not be the basis for challenge to or invalidation of any action of the council, nor shall they be construed to create any independent remedy or right of action of any kind. The CPP itself identifies the intended value of the document in Section 5 – Enforcement (p. 36): Section 5 – Enforcement Council Members have the primary responsibility to assure that these protocols are understood and followed, so that the public can continue to have full confidence in the integrity of government. As an expression of the standards of conduct expected by the City for Council Members, the protocols are intended to be self-enforcing. They therefore become most effective when members are thoroughly familiar with them and embrace their provisions. For this reason, Council Members entering office shall sign a statement affirming they have read and understood the Council protocols. In addition, the protocols shall be annually reviewed by the Policy and Services Committee and updated as necessary. The last substantial review and revision by City Council was February 1, 2020 (CMR #11036; Minutes), during the annual City Council Retreat, with approval following a referral to Policy and Services. City of Palo Alto Page 3 Staff is bringing forward some additional information to the Policy and Services Committee to consider in the discussion of the City Council Procedures and Protocols in addition to the Attachment A changes proposed by fellow City Council members. These include: 1. Section 2.4 B: Telephonic Attendance Of Council Members At Council Meetings – This section could be updated to reflect updated City Council guidance regarding telephone/virtual meetings based on lessons learned in the past year and a half during the pandemic. This could include an update on whether telephonic participation is “actively discouraged,” “the number of times per year one can participate via telephone,” and the type of device to be used for telephonic participation as an example. For context, once the Governor’s Executive Order N-29-20 is lifted the City will resume pre-pandemic Brown Act rules, subject to any Brown Act amendments that may be adopted by the Legislature. The City Council discussed meeting format in a Study Session on June 1, 2021 (CMR #12314). The Policy and Services Committee can factor that discussion into any recommendations on this topic. 2. Legislative aide assistance – The CPP do not currently speak to City Council member volunteer aides. Staff recommends that the Policy and Services Committee consider adding some language to the CPP on this subject in order to provide clarity on expectations for Council members who utilize volunteers and for the public. 3. Letterhead – There has been some discussion about individual City Council members using the Mayor and City Council letterhead for letters being sent out to convey an individual Councilmember’s individual point of view. Staff recommends that the Policy and Services Committee consider adding some language in the CPP on this topic to provide clarity on expectations. 4. CPP Handbook Clean up – There has been interest expressed in a comprehensive update and rewrite of the CPP to improve readability and ease of use for City Council members, staff and the public. Staff recommends the hiring of a consultant to do this work. If directed by the City Council, staff could solicit proposals for this work. 5. Media – The CPP speaks generally about the role of the Mayor as the spokesperson for the City Council. It would be helpful for the Policy and Services Committee to consider adding language in the CPP on this topic to provide clarity on expectations. 6. Use of City Resources – The CPP speaks generally about not using city resources to support individual Council members. There are also numerous laws and regulations, administered by the Fair Political Practices Commission (FPPC), that apply in this area. The Policy and Services Committee may want to consider adding language on this topic to provide clarity on expectations and future requests of staff on specific events/support. Timeline, Resource Impact, Policy Implications Based on the outcome of this meeting, staff will incorporate recommended changes and either return to Policy and Services Committee for further discussion and/or refinement or send the edits or recommendations from the Committee to the full City Council for approval in fall 2021. Depending on the nature and extent of revisions sought, direction to revise the CPP or to bring City of Palo Alto Page 4 back topics for further Committee discussion could involve substantial staff resources and may require Council direction. Stakeholder Engagement As announced during the annual City Council Retreat, staff solicited comments about changes or edits from City Council members. Those received prior to March 9 are included in Attachment A. Attachments: • Procedures and Protocols - Suggestions from March 2021 ATTACHMENT A - Council Suggestions as March 9, 2021 Council Suggestions for Areas to Edit, Change, or Update in the City Council Procedures & Protocols (Additional Comments Added to the End of the Original Attachment) Cormack •consider adopting a policy prohibiting Councilmembers from using electronic devices for communication during public meetings. This is in keeping with the AB1234 ethics training, which states that the public expectation is that decision makers will listen during open, noticed, public meetings. DuBois Procedures 1.Adopt policy on quasi-judicial items coming to council - Suggestion is no private contacts/meetings with applicants or appellants after the item finishes with ARB and PTC Protocol Discussion 1.Use of staff time - We have a rule which limits each Council member’s use of staff time to an hour a week. This should be applied fairly across all council members 2.Liaison must refrain from personal viewpoints; they are there representing the full council, do not speak on matters on which council has not taken a position - Should consider refreshing this for clarity - had some issues last year 3.Finish Travel Expense section 4.Add/clarify on role of elected official’s role with other public agencies a.Adopt clarifying language on default behavior - expand J on page 47 to include league of city guidelines b.Ability to censure when a stated policy is in effect c.Bolstering our protocols, Page 46 https://www.cityofpaloalto.org/civicax/filebank/documents/41516 J.Advocacy Members shall represent the official policies or positions of the City Council, board or commission to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the City, nor will they allow the inference that they do. d.Incorporate some of this language from League of Cities, Role as an Elected Official, Page 14 https://www.cacities.org/Resources-Documents/Education-and-Events- Section/New-Mayors-Coucil-Members/2020-Session-Materials/2020-New- Mayors-Council-Members-Resource-Guide/10-Your-Role-as-an-Elected-Official 1 e.Council Conduct with Other Public Agencies Be clear about representing the City or personal interests. 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 his or her statement reflects personal opinion or is the official stance of the City. If the Council Member is representing the City, the Council Member must support and advocate the official City position on an issue, not a personal viewpoint. If the council Member is representing another organization whose position is different from the City, the Council Member should withdraw from voting on the issue if it significantly impacts or is detrimental to the City’s interest. Council Members should be clear about which organizations they represent and inform the Mayor and Council of their involvement. Kou Policy considerations: •Quasi-judicial items o why/what/when Consent and Action •Consent items o what is a reasonable limit to the dollar amount for items to be on consent o remove item from Consent: suggest 2 votes instead of 3 o read/annouce each Consent Item before vote is taken •Mayoral Rotation Policy Other considerations for protocols: 1)add the City's Organizational chart 2)Code of Ethics 3)Council Liaison roles to BCCs especially, providing personal perspectives on a subject and thereby leading or giving directive as to their support. 4)Page 47 No. J - need role and advocacy clarification and procedure for Council appointee(s) to regional or state agencies/boards/committees. 5)Council Conduct with Other Public Agencies: Be clear about representing the City or personal interests. 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 his or her statement reflects personal opinion or is the official stance of the City. If the Council Member is representing the City, the Council Member must support and advocate the official City position on an issue, not a personal viewpoint. If the council Member is representing another organization whose position is different from the City, the Council Member should withdraw from voting on the issue if it significantly impacts or is detrimental to the City’s interest. Council Members should be clear about which organizations they represent and inform the Mayor and Council of their involvement (https://www.cacities.org/Resources-Documents/Education-and-Events-Section/New- 2 Mayors-Coucil-Members/2020-Session-Materials/2020-New-Mayors-Council-Members- Resource-Guide/10-Your-Role-as-an-Elected-Official). Burt Overall, beyond the need for substantive changes and edits, I think that the Handbook suffers from having been added onto multiple times over decades with the aggregate result being a document that is difficult for the CC and the public to use effectively. Once P&S and the CC have approved substantive changes, we may want to hire a low-cost third-party technical writer with experience in manuals such as what has been done to assist in the XCAP report. Attached are my partial comments and recommendations on changes to the CC Procedures and Protocols. 3 CITY OF PALO ALTO CITY COUNCIL PROCEDURES AND PROTOCOLS HANDBOOK Procedures and Protocols Approved 02/01/2020 If you have any questions about this handbook, please feel free to contact the City Clerk by phone at (650) 329-2571 and e-mail at city.clerk@cityofpaloalto.org or the City Attorney by phone at (650) 329-2171 and e-mail at city.attorney@cityofpaloalto.org. Commented [PB1]: The Handbook has been added onto and edited multiple times over many years making it somewhat disjointed and less clear. It may be beneficial to hire a third party writer to make it simpler and clearer. 4 Suggestions from Vice Mayor Burt in Tracked Changes and Comment Boxes CITY COUNCIL PROCEDURES __________________________________________ 1 INTRODUCTION & CONTENTS 1 SECTION 1 - PUBLIC PARTICIPATION IN COUNCIL MEETINGS 2 1.1 - Policy______________________________________________________________________ 2 1.2 – Purpose _____________________________________________________________________ 2 1.3 - Summary of Rules _____________________________________________________________ 2 1.4 - General Requirements __________________________________________________________ 2 A. Accessibility ______________________________________________________________ 2 B. Presiding Officer's Permission Required _______________________________________ 43 C. Recording ________________________________________________________________ 43 D. Specific Requirements and Time Limits________________________________________ 43 SECTION 2 – COUNCIL MEETING & AGENDA GUIDELINES 65 2.1 - Policy ______________________________________________________________________ 65 2.2 – Purpose ____________________________________________________________________ 65 2.3 - Summary of Guidelines ________________________________________________________ 65 A. Regular Meetings__________________________________________________________ 65 B. Special Meetings __________________________________________________________ 65 2.4 - General Requirements _________________________________________________________ 76 A. Regular Meetings- Attendance Required _______________________________________ 76 B. Telephonic Attendance Of Council Members At Council Meetings __________________ 76 C. Items Considered After 10:30 p.m. _____________________________________________ 7 D. Late Submittal of Correspondence or Other Information Related to Planning Applications_ 7 E. Agenda Order _____________________________________________________________ 8 F. Study Sessions _____________________________________________________________ 8 G. Closed Sessions ____________________________________________________________ 8 H. Consent Calendar_________________________________________________________ 109 I. Public Comment _________________________________________________________ 109 J. Council Requests to Remove Item ___________________________________________ 109 K. Hearing of Removed Items ___________________________________________________ 9 L. Consent Calendar Categories _________________________________________________ 9 M. Colleagues Memos________________________________________________________ 11 N. Council Member Questions, Comments and Announcements _____________________ 1312 O. Adjornment ____________________________________________________________ 1312 P. Rescheduling Agenda Items _______________________________________________ 1312 Q. Adding New Items to Agenda ______________________________________________ 1312 R. Study Meetings _________________________________________________________ 1312 S. Study Sessions __________________________________________________________ 1413 T. Closed Sessions _________________________________________________________ 1514 U. Motions, Debate & Voting ________________________________________________ 1514 V. Motions _________________________________________________________________ 15 W. Debate and Voting _________________________________________________________ 19 X. Quasi- Judicial Hearings ____________________________________________________ 21 Y. Standing Committees ______________________________________________________ 23 Z. Ad Hoc Committees and Committee as a Whole 25 2.5 - Election of Mayor ____________________________________________________________ 26 CITY COUNCIL PROTOCOLS __________________________________________ 27 SECTION 1 - CORE RESPONSIBILITIES 28 SECTION 2 - COUNCIL CONDUCT 29 2.1 – Public Meetings _____________________________________________________________ 29 2.2 - Private Encounters ____________________________________________________________ 29 2.3 – Council Conduct with City Staff ________________________________________________ 30 A. Treat All Staff as Professionals____________________________________________ 30 B. Channel Communications through the Appropriate Senior City Staff______________ 30 5 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)_______ 30 D. Never Publicly Criticize an Individual Employee, Including Council- Appointed Officers. Criticism is Differentiated from Questioning Facts or the Opinion of Staff__ 30 E. Do Not Get Involved in Administrative Functions_____________________________ 31 F. Be Cautious in Representing City Positions on Issues__________________________ 31 G. Do Not Attend Staff Meetings Unless Requested by Staff_______________________ 31 H. Respect the "One Hour" Rule for Staff Work_________________________________ 31 I. Depend upon the Staff to Respond to Citizen Concerns and Complaints____________ 31 J. Do Not Solicit Political Support from Staff__________________________________ 31 2.4 - Conduct with Palo Alto Boards and Commissions__________________________________ 3231 A. If Attending a Board or Commission Meeting, Identify Your Comments as Personal Views or Opinions_____________________________________________________ 32 B. Refrain from Lobbying Board and Commission Members______________________ 32 C. Remember that Boards and Commissions are Advisory to the Council as a Whole, not as Individual Council Members_________________________________________ 32 D. Concerns about an Individual Board or Commission Member Should be Pursued with Tact_________________________________________________________________ 32 E. Be Respectful of Diverse Opinions________________________________________ 32 F. Keep Political Support Away from Public Forums____________________________ 33 G. Maintain an Active Liaison Relationship____________________________________ 33 2.5 - Staff Conduct with City Council _______________________________________________ 3433 A. Respond to Council Questions as Fully and as Expeditiously as is Practical_________ 33 B. Respect the Role of Council Members as Policy Makers for the City______________ 33 C. Demonstrate Professionalism and Non-Partisanship in all Interactions with the Community and in Public Meetings ________________________________________ 33 D. It is Important for the Staff to Demonstrate Respect for the Council at all Times. All Council Members Should be Treated Equally.________________________________ 33 SECTION 3 - OTHER PROCEDURAL ISSUES 3534 3.1 – Commit to Annual Review of Important Procedural Issues _________________________ 3534 3.2 – Don’t Politicize Procedural Issues (e.g. Minutes Approval or Agenda _________________ 3534 Order) for Strategic Purposes _____________________________________________________ 3534 3.3 – Submit Questions on Council Agenda Items Ahead of the Meeting ___________________ 3534 3.4 - Submittal of Materials Directly to Council _______________________________________ 3534 3.5 - Late Submittal of Correspondence or Other Information Related to ___________________ 3534 Planning Applications ___________________________________________________________ 3534 3.6 – Respect the Work of the Council Standing Committees ____________________________ 3635 3.7 – The Mayor and Vice Mayor Should Work With Staff to Plan the Council Meetings ______________________________________________________________________ 3635 SECTION 4 - POLICY & SERVICES COMMITTEE – ROLE, PURPOSE, & WORK PLANNING 3736 SECTION 5 - ENFORCEMENT 3736 SECTION 6 - CITY COUNCIL E-MAILS FOR AGENDA-RELATED ITEMS 3837 6.1 - Policy ____________________________________________________________________ 3837 6.2 - Procedure _________________________________________________________________ 3837 SECTION 7 - CITY COUNCIL AND BOARDS AND COMMISSSIONS POLICY FOR TRAVEL AND MISCELLANEOUS EXPENSE REIMBURSEMENT, THIS SECTION UNDER REVIEW 39 7.1 - Eligible Activities ____________________________________________________________ 39 7.2 - Out-of-Town Conferences or Meetings ___________________________________________ 39 A. Reimbursement ___________________________________________________________ 39 B. Meals ___________________________________________________________________ 40 6 C. Lodging Expense ________________________________________________________ 4241 D. Transportation __________________________________________________________ 4241 7.3 - Local or Bay Area Activities __________________________________________________ 4342 7.4 - Other Expenses ______________________________________________________________ 43 7.5 - Activities Not Considered Reimbursable __________________________________________ 43 7.6 - Reports to Council __________________________________________________________ 4443 7.7 - Violation of This Policy _____________________________________________________ 4443 7.8 - Mayor and Vice Mayor Additional Compensation___________________________________ 43 7.10 - Support Services ____________________________________________________________ 44 CITY OF PALO ALTO COUNCIL PROTOCOLS ETHICS ADDENDUM 45 A. Comply with Law _________________________________________________________ 45 B. Conduct of Members _______________________________________________________ 45 C. Respect for Process ________________________________________________________ 45 D. Decisions Based on Merit ___________________________________________________ 45 E. Conflict of Interest _________________________________________________________ 45 F. Gifts and Favors __________________________________________________________ 45 G. Confidential Information ____________________________________________________ 47 H. Use of Public Resources ____________________________________________________ 47 I. Representation of Private Interests ____________________________________________ 47 J. Advocacy ________________________________________________________________ 47 K. Positive Work Place Environment ____________________________________________ 47 7 1 CITY COUNCIL PROCEDURES INTRODUCTION & CONTENTS This handbook describes the way the Palo Alto City Council does its business and is a directional guide. It is intended to accomplish two goals. First, the handbook is an informational guide for anyone doing business or appearing before the City Council. Second, the handbook is a compilation of Procedures and Protocols that have been formally adopted by Council Resolution. The handbook is organized into two sections: 1) Public Participation in Council Meetings This section explains the basic rules for speaking to the City Council. It covers things like when to speak, time limits, and how groups of speakers are handled. 2) Council Meeting & Agenda Guidelines This section explains the different kinds of meetings the City Council holds, what they are for, and how the meeting agenda is prepared. Commented [PB2]: Need to define “Procedures vs “Protocols”. The differences are not clear. Are Procedures “binding” and Protocols “advisory”? This language is at the bottom of Section 2.3.B. Should an abbreviated version of it be moved to the Introduction? These are guidelines, not rules. The Council intends that City staff and Council Members will follow these guidelines. However, these guidelines should not be used in a way that leads to inefficiency, unfairness, or the promotion of form over substance. State law establishes a variety of mandatory meeting rules the City must follow in order to assure open and public government, regardless of unusual situations and consequences. (See Cal. Govt Code section 54950.) Commented [PB3]: This sentence says both “describe” how the CC does its business. It’s not clear whether these are “directive” to the CC or informational for the community. 8 2 SECTION 1 - PUBLIC PARTICIPATION IN COUNCIL MEETINGS 1.1 - Policy It is the policy of the City Council to assure that members of the public have the opportunity to speak to any regular or special meeting agenda item before final action. These rules establish the rights and obligations of persons who wish to speak during City Council meetings. 1.2 – Purpose These rules are intended to enhance public participation and Council debate so that the best possible decisions can be made for Palo Alto. Palo Alto has a long and proud tradition of open government and civil, intelligent public discourse. Open government meetings must allow everyone to be heard without fear of intimidationcheers or jeers. For these reasons, the City Council takes these rules seriously. Disruptive or unruly behavior in violation of the law can result in removal from the Council meeting and/or arrest and prosecution. 1.3 - Summary of Rules Every regular City Council agenda has two different kinds of opportunities for the public to speak. The first is during Oral Communications. This part of the meeting is provided so that the public can speak to anything that is in the City’s jurisdiction on subjects that are , when there is no item not listed on the agenda. The Council allows up to three minutes per speaker but limits the total time to a maximum of 30 minutes per meeting. State law does not permit the Council to act on or discuss an item raised in oral communications because doing so would deprive the broader public of an opportunity to participate, but Council Members may ask brief clarifying questions and may ask City staff to follow up on any concerns that are raised. The second opportunity to speak is during the public comment or public hearing portion of Each Agenda Item. Public comments or testimony must be related to the matter under consideration. The Council allows up to three minutes per speaker for most matters depending on the number of speakers. During “quasi-judicial” hearings (where the City Council is legally required to take evidence and make impartial decisions based upon that evidence), the applicant1 or appellant may have up to ten minutes at the outset and three minutes for rebuttal at the end. These hearings are specially marked on the Council agenda. A person who wants to speak to the Council should fill out a speaker card and submithand it in to the City Clerk. Speakers are not legally required to provide a name or address. The Clerk will give the cards to the Mayor or Vice Mayor so that the speakers can be identified and organized in an orderly way. 1.4 - General Requirements A. Accessibility Palo Alto makes every reasonable effort to accommodate the needs of the disabled consistent with law. Any provision of these rules may be modified if needed to provide reasonable accommodation. Persons needing assistance should contact: ADA Director, City of Palo Alto, 650/329-2496 (voice) or 650/328-1199 (TDD). 1 For all purposes, applicant also refers to applicant agent. Commented [PB4]: The Handbook should be reviewed through the lens of enhancing public participation and enhancing CC debate. Commented [PB5]: Responsibilities of the public toward civil civic discourse should be described which are different from what is illegal. Commented [PB6]: 9 3 10 4 B. Presiding Officer's Permission Required 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. • 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. • 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. • No person, other than a Council Member and the person having the floor, shall be permitted to enter into any discussion without the permission of the Presiding Officer. • No person shall enter the staff area of the Council dais without the permission of the Presiding Officer or appropriate Council Appointed Officer. C. Recording Persons wishing to address the Council shall: • Use 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. D. Specific Requirements and Time Limits 1) Oral Communications Oral communications shall be up to three minutes per speaker. and, aAt the discretion of the Presiding Officer, the amount of time per speaker willmay be limited allow for to a total of thirty minutes for all speakers combined. • Oral communications may be used only to address items that are within the Council’s subject matter jurisdiction but not listed on the agenda. • Oral communications may not be used to address matters where the receipt of new information would threaten the due process rights of any person. • All remarks shall be addressed to the Council as a body and not to any individual member. • Council members shall not enter into debate or discussion with speakers during oral communications. Commented [PB7]: Is “decorum” legally binding on the public based on constitutional free-speech rights? The boundaries of decorum may need better description. Is Section D.6 below the applicable definition of “decorum”? 11 5 • The Presiding Officer may direct that the City Manager willto respond to the person speaking and/or the Council at a later date. 2) Other Agenda Items Public comments or testimony on agenda items other than Oral Communications shall be limited to a maximum of three minutes per speaker unless additional time is granted by the Presiding Officer. The Presiding Officer may reduce the allowed time to less than two minutes if necessary to accommodate a larger number of speakers. 3) Spokesperson for a Group When 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 ten minutes and will to the extent practical be called upon ahead of individual speakers. 4) Quasi-Judicial Hearings In the case of a quasi-judicial hearing, single applicants and appellants shall be given ten minutes for their opening presentation and three minutes for rebuttal before the hearing is closed. In the case of a quasi-judicial hearing for which there are two or more appellants, the time allowed for presentation and rebuttal shall be divided among all appellants, and the total time allowed for all appellants shall be a total of twenty minutes for the opening presentation and six minutes for rebuttal before the hearing is closed; however, under no circumstances shall an individual appellant be given less than five minutes for presentation and three minutes for rebuttal. In the event a request is made and the need for additional time is clearly established, the Presiding 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. 5) Addressing the Council after a Motion Following the time for public input and once the matter is returned to the Council no person shall address the Council without first securing the permission of the Presiding Officer to do so, subject to approval of the City Attorney with respect to any hearing required by law. 6) Decorum The Palo Alto Municipal Code makes it unlawful for any person to: • Disrupt the conduct of a meeting • Make threats against any person or against public order and security while in the Council chamber. • Use the Council Chambers during meetings for any purpose other than participation in or observation of City Council Meetings. Any Council Member may appeal the Presiding Officer’s decision on a decorum violation to the full Council. Decorum violations are a Commented [PB8]: On occasions when speakers are limited to 1 minute, a group of 5 would be allowed to have twice as much speaking time (10 minutes) in combination than would any 5 individual speakers combined 95 minutes). 12 6 misdemeanor and may lead to a person being removed from the Council meeting. (PAMC sections 2.04.120, 2.04.150.) SECTION 2 – COUNCIL MEETING & AGENDA GUIDELINES 2.1 - Policy It is the policy of the Council to establish and follow a regular format for meeting agendas. 2.2 – Purpose The purpose of these guidelines is to facilitate the orderly, and efficient, and transparent conduct of Council business. This purpose recognizes the value of establishing a community understanding of meeting procedures so that broad public participation is encouraged. This purpose also recognizes that Council Members must have a common approach to the discussion and debate of City business so that meetings are both streamlined and thorough. 2.3 - Summary of Guidelines The City Council generally conducts two different kinds of meetings. These are Regular Meetings and Special Meetings. A. Regular Meetings Regular 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. The meetings are scheduled to begin at 6:00 p.m. 1) Posting of Agendas Under the Brown Act, regular meeting agendas must be posted no later than the Friday immediately preceding the meeting. It is City policy to make every effort to post the agenda on Thursday, eleven days prior to the meeting. Agendas are posted in King Plaza by the elevators and are uploaded to the City Council web page. 2) Supporting Reports and Materials It is City policy to make every effort to provide supporting reports and materials at the time the agenda is posted. Typically, this will occur eleven days before the meeting. Materials that are not available at the time of agenda posting will be distributed as soon as feasible before the meeting. Materials that are distributed to a majority of Council will be made available to the public at the same time, as required by law. Some materials, such as presentation materials or “at places” memoranda may be distributed to Council Members and the public at the meeting. B. Special Meetings 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. Commented [PB9]: “Presentation materials” often provide the most substantive information. Is there a need to refine the expectations of when these materials will be provided to the CC and the public so that “at places” materials are minimized? Commented [PB10]: The 4th Monday is often a Special meeting, but does not seem to qualify under this description. 13 7 These are guidelines, not rules. The Council intends that City staff and Council Members will follow these guidelines. However, these guidelines should not be used in a way that leads to inefficiency, unfairness, or the promotion of form over substance. State law establishes a variety of mandatory meeting rules the City must follow in order to assure open and public government, regardless of unusual situations and consequences. (See Cal. Govt Code section 54950.) 2.4 - General Requirements A. Regular Meetings – Attendance Required Council Members, the City Clerk, City Attorney, and City Manager, along with any other city officers and department heads that have been requested to be present, shall take their regular stations in the Council chamber at 6:00 p.m. on the first, second and third Mondays of each month, except during the established Council vacation. (PAMC section 2.04.010.) The Presiding Officer will ensure that during each regular meeting there will be 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. Telephonic Attendance of Council Members at Council Meetings The City Council Procedures provisions concerning Telephonic Attendance shall apply to City Council members. Requests by Council Members to attend a Council meeting via telephonic appearance are actively discouraged. Telephonic attendance shall be permitted not more than 3 times a year. In addition, at least a quorum of the Council must participate from a location within the City (Government Code Section 54953(b)(3)). If these two threshold requirements are met, the Council Member who will be appearing telephonically must ensure that: • The meeting agenda identifies the teleconference location and is posted at that location in an area that is accessible and visible 24 hours a day for at least 72 hours prior to the meeting. • The teleconference location is open and fully accessible to the public, and fully accessible under the Americans with Disabilities Act, throughout the entire meeting. These requirements apply to private residences, hotel rooms, and similar facilities, all of which must remain fully open and accessible throughout the meeting, without requiring identification or registration. • The teleconference technology used is open and fully accessible to all members of the public, including those with disabilities. • Members of the public who attend the meeting at the teleconference location have the same opportunity to address the Council from the remote location that they would if they were present in Council Chambers. • The teleconference location must not require an admission fee or any payment for attendance. Commented [PB11]: Which Procedures are “Guidelines” only? For example, Section 2.4 is a legally binding requirement as are other requirements of state law or the municipal code. . Commented [PB12]: A section is needed that describes virtual meetings under emergency conditions and what rules are waived. Commented [PB13]: Should department heads be required to be in their “regular stations” in the CC chambers at 6Pm if their items are not scheduled until later in the evening? Commented [PB14]: What about frequent absences by CC members for other causes? 14 8 • If the meeting will include a closed session, the Council Member must also ensure that there is a private location available for that portion of the meeting. If the Council Member determines that any or all of these requirements cannot be met, he or she shall not participate in the meeting via teleconference. Approved Teleconference Guidelines for Council Members: • 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; the notice must include the address at which the teleconferenced meeting will occur, the address the Council packet should be mailed to, who is to initiate the phone call to establish the teleconference connection, and the phone number of the teleconference location. If cellular telephones are used to participate in teleconferenced meetings, Council members need to ensure the speaker phone option is functioning. • The Council Member is responsible for posting the Council agenda in the remote location, or having the agenda posted by somebody at the location and confirming that posting has occurred. The City Clerk will assist, if necessary, by emailing, faxing or mailing the agenda to whatever address or fax number the Council Member requests; however, it is the Council Member’s responsibility to ensure that the agenda arrives and is posted. If the Council Member will need the assistance of the City Clerk in delivery of the agenda, the fax number or address must be included in the 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. C. Items Considered After 10:30 p.m. The City Council makes every effort to end its meetings before 11:00 p.m. The Council also generally does not take up new matters after 10:30 p.m. Before 10:00 p.m. the Council will decide and announce whether it will begin consideration of any agenda items after 10:30 and, if so, which specific items will be taken up. D. Late Submittal of Correspondence or Other Information Related to Planning Applications In order to allow for adequate staff review and analysis, and to ensure public access to information, all plans, correspondence, and other documents supporting planning applications being heard by the City Council must be submitted to staff not later than noon five working days prior to the release of the Council Agenda Packet. If any correspondence or other information is submitted after this deadline to Council Members or staff, and Staff determines additional review is needed Staff will reschedule the item for a future Council meeting. If a Council member receives planning application materials from a project applicant he or she shall notify the City 15 9 Clerk and the City Manager as soon as possible. There are no restrictions on the rights of applicants or others to comment or respond to information contained within the Staff Report. At the meeting the City Council may determine whether to continue or refer the item to the appropriate Board and/or Commission if significant changes to a project or significant new information become known. Nothing in this statement is intended to restrict the rights of applicants or other interested parties to respond to information contained in or attached to a Staff Report. E. Agenda Order City Council agendas will be prepared by the City Clerk and presented to the City Council in the order described below. It is the Council’s policy to hear the major items of business first at each meeting, to the extent possible. The City Manager, with prior approval of the Mayor, is authorized to designate upon the agenda of the Council, and the City Clerk shall publish in the agenda digest, items that shall be taken up first or at a specific time during the course of the meeting. (PAMC section 2.04.070.) The City Council may take matters up out of order upon approval by a majority vote of those present: 1) Roll Call 2) Study Session and/or Closed Session 3) Special orders of the day 4) Agenda Changes, Additions and Deletions 5) Oral communications 6) Approval of minutes 7) Consent calendar Items may be placed upon the consent calendar by any council-appointed officer whenever, in such officer's judgment, such items are expected to be routinely approved without discussion or debate. The consent calendar shall be voted upon as one item. 8) City Manager Comments 9) Action Items 10) Inter-Governmental Legislative Affairs 11) Council Member Questions, Comments and Announcements 12) Adjournment F. Study Sessions Study Sessions are meetings during which the Council receives information about City business in an informal setting. The informal study session setting is intended to encourage in-depth discussion and detailed questioning and brainstorming by Council on issues of significant interest, including City policy matters, zoning applications, and major public works projects. The Council may discuss the material freely without following formal rules of parliamentary procedure. Staff may be directed to bring matters back for future Council consideration as no action can be taken at a study session. The Decorum rules still apply to the behavior of the Council and public. G. Closed Sessions Closed Sessions can be part of regular or special meetings. Closed sessions are the only part of a Council meeting that the public cannot attend. State law allows closed sessions to discuss pending litigation, employment issues, real estate negotiations and certain other matters. Members of the public are permitted to make public comments on closed session matters prior to the start of the closed session. 16 10 The Council must make a public report after the session when certain kinds of actions are taken. H. Consent Calendar No discussion or debate shall be permitted upon items upon the consent calendar; however, any Council Member may request that his or her vote be recorded as a "no" or "not participating" due to a specified conflict of interest on any individual item. Council Members may also explain their "no" votes at the end of the Consent Calendar, with a 3 minute time limit for non-appeal items and 5 minutes for appeal items for each Council Member. Council Members may also submit statements in writing to the City Clerk before action is taken. The City Clerk shall preserve and make available such written statements in a manner consistent with the Brown Act and shall assure that the minutes of the meeting make reference to the existence and location of such written statements. I. Public Comment 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. J. Council Requests to Remove Item Three Council Members may request that an item be removed from the consent calendar following public comment on the consent agenda. The City Manager’s office should be advised whenever possible, in writing, of a request for removal no later than noon the Sunday before the meeting. K. Hearing of Removed Items 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. L. Consent Calendar Categories The consent calendar portion is the section where administrative and non-controversial items shall be presented. The Mayor and City Manager should be sensitive to high dollar value items and consider placing those items in the action agenda section. The consent section may include: 1) 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. 17 11 • 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. 2) 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: • An action that is merely the administrative execution of previous Council direction. The Council direction and vote will be quoted in the staff report accompanying the item. • Contracts for which the subject or scope of work has been previously reviewed by the City Council. • A contract for goods, general services, professional services, public works projects, dark fiber licensing contracts or wholesale commodities, purchases, as outlined in the Purchasing Ordinance, provided such contracts represent the customary and usual business of the department as included in the Adopted Budget. Examples include: routine maintenance contracts, annual audit agreement; software and hardware support agreements, janitorial services, copier agreements or postage machine agreements. • Rejection of bids. • Designation of heritage trees. • Designation of historic building at the request of the property owner if there are no unusual policy ramifications. • Approval of funding applications, such as grants or loans, provided that Council has previously approved the general program or activity. • Formal initiation, for consideration at a later date, of a zoning code amendment or review process, such as preliminary review. • Status report required by law for fee administration. • Cancellation of meetings or scheduling of special meeting. • Other similar matters as determined by the City Manager, in consultation with the Mayor. 3) Request to Refer Items to Any Council Standing Committee, Committee, Board, Commission or Council Appointed Officer 18 12 The consent calendar includes matters for which staff is merely seeking Council approval of a referral to a Council standing committee or other City official, advisory board or commission. This does not preclude staff from making referrals to the standing committees. Staff uses such referrals in order to expedite the business of the full Council, since its agenda is so full. Discussion of a complex issue by another body, provides an opportunity for public input and extended discussion by the members of the body. The full Council is then able to benefit from the minutes of that discussion when the item comes back to the Council for final approval. This practice also allows the City/School Liaison Committee to consider items of interest to both agencies without having to go through the formality of a Council agenda referral. 4) Items Unanimously Recommended for Approval by a Council Committee Unless Otherwise Recommended by the Committee, Mayor, City Attorney or City Manager 5) Items Recommended for Approval by any Council-Appointed Boards and Commissions, Provided that Other Public Hearing Requirements are Not in Effect or As Otherwise Recommended by the Board or Commission, Mayor, City Manager or City Attorney M. Colleagues Memos Any two Council Members may bring forward a colleague memo on any topic to be considered by the entire Council. Two Council Members are required to place such a memo on the agenda, reflective of the Council procedure requiring a motion and a second for consideration of a motion by the Council. Up to three Council Members may sign a colleague memo. Prior to preparing a colleague memo, Council Members will consult with the City Manager to determine whether the City Manager is or is not able to address the issues as part of his/her operational authority and within current budgeted resources. Colleagues Memos should have a section that identifies any potential staffing or fiscal impacts of the contemplated action. This section will be drafted by the City Manager. Council Members shall provide a copy of the proposed memo to the City Manager and City Attorney prior to finalization. Completed Council Colleagues Memos shall be provided to the City Clerk’s staff by noon on the Tuesday 11 days prior to the Council meeting that the memo is intended to be agendized, to provide time for the City Clerk to process for the Council packet. The City Council will not take action on the night that a Colleagues Memo is introduced if it has any implications for staff resources or current work priorities which are not addressed in the memo. The Council will discuss the Colleagues Memo and refer it to a committee or 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 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 than 72 hours before a scheduled regular Council meeting. In order to satisfy the Brown Act requirements, the Council should consult with the City Attorney to ensure that the proposed title to the Colleagues Memo contains 19 13 all actions that the Council Members want completed on the night of the Council review. N. Council Member Questions, Comments and Announcements The purpose of this agenda item is to allow Council to question staff briefly on matters upon which Council has taken action or given direction, make general comments as a reference to staff on factual matters of community concern, or make brief announcements in a manner consistent with Government Code section 54952.2. New assignments will not be given nor will major policy issues be discussed or considered. To the extent possible, Council will confer with staff before raising matters under this agenda item. This agenda item will generally be limited to 15 minutes in length and the public may not speak to matters discussed; O. Adjournment P. Rescheduling Agenda Items When the Council is unable to complete its agenda the remaining business will generally be rescheduled as follows. Nothing in this section shall be deemed to supersede or conflict with state law. 1) 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. Q. Adding New Items to the Agenda No matters other than those on the agenda shall be finally acted upon by the Council. However, emergency actions (as defined in Government Code section 54956.5) and matters upon which there is a lawful need to take immediate action (as defined in Government Code section 54954.2) may, with the consent of two-thirds, or all members present if less than two-thirds are present, be considered and acted upon by the Council. R. Special Meetings Special meetings may be called by the Mayor or City Council by providing a minimum of 24-hours posted notice in the manner required by state law. To the greatest extent possible, special meetings called for other than regular meeting days should be scheduled by a majority of the Council present and voting at a regular meeting. (PAMC section 2.04.020.) Unlike regular meetings, there are no circumstances that permit the City Council to add new items to a special meeting agenda or notice. S. Study Sessions Study sessions are meetings or agenda items during which the Council receives information about City business in an informal setting. 1) Time Special study sessions will be held as needed. 2) No Formal Rules 20 14 Study sessions are intended to be conducive to in-depth factual presentations by City staff and detailed questioning and brainstorming by Council. The Council may discuss the material freely without following formal rules of parliamentary procedure, and the Mayor shall have discretion to determine the appropriate process for conducting the study session, including when public comment and oral communications will be heard. 3) Public Participation The general rules of decorum apply. 4) No Final Action Staff may be directed to bring matters back for Council consideration at future meetings, as no action can be taken. T. Closed Sessions Closed sessions are the only kind of agenda item that the public cannot observe. State law allows closed sessions to discuss pending litigation, employment issues, real estate negotiations and certain other matters. To the greatest extent possible, the City Attorney and City Clerk shall use standardized agenda descriptions that are consistent with Government Code section 54954.5. Closed sessions will be scheduled at the beginning or end of Council meetings to the extent possible and appropriate. Closed sessions may be scheduled in the middle of a regular or special Council meeting, but this is discouraged by Council; The City Council will take a vote to go into Closed Session prior to a Closed Session beginning. 1) Announcements Before Closed Sessions The Mayor/City Clerk shall announce the item or items to be considered in closed session by reference to the appropriate agenda number or letter, or in an alternate form that shall be provided by the City Attorney. 2) Public Comments Members of the public are permitted to make public comments on closed session matters. The City Clerk shall be present in the open session to record Council attendance and any statements made during oral communications or by the Council. 3) Vote to Go Into Closed Session The Council shall vote to go into closed session. 4) Attendance The City Manager and City Attorney, or their designees, shall attend closed sessions unless it is necessary to excuse them. Only such additional staff shall attend as are necessary and then only if the legal privileges of confidentiality obtained in an executive session are not waived. 5) Public Reports State Law and a Palo Alto initiative require the Council to make a public report after a closed session when certain kinds of actions are taken. (PAMC section 2.04.030.) Reports from closed sessions shall be made by the Mayor, the Vice Mayor in the Mayor's absence, or such other City representative as designated by the Council. Such designated person is the only individual authorized to make public statements concerning the closed session. 21 15 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 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.) U. Motions, Debate & Voting 1) Policy It is the policy of the Council to follow simplified rules of parliamentary procedure for motions, debate and voting. These rules focus on the types of motions the Council can debate and when those motions are properly used. 2) Purpose The purpose of these rules to facilitate orderly and thorough discussion and debate of Council business. These rules shall not be applied or used to create strategic advantage or unjust results. 3) Summary of Rules Palo Alto does not follow Roberts Rules of Order. See the Summary Table below. V. Motions A motion is a formal proposal by a Council Member asking that the Council take a specified action. A motion must receive a second before the Council can consider a matter. Matters returning to the Council with unanimous approval from a standing committee will be introduced without a motion if directed by the committee. Motions 22 16 may be provided to the City Clerk in advance of the City Council meeting so that the Clerk can efficiently post the motion on the screen for the convenience of the community and Council Members. 1) Types of Motions There are two kinds of motions. These are the “main” motion and any secondary motions. Only one main motion can be considered at a time. 2) Procedure: • Get the Floor A Council Member must receive the permission of the Mayor (or other presiding officer) before making a motion. • State the Motion A motion is made by a Council Member (the “maker”) stating his or her proposal. Longer proposals can be written and may be in the form of a resolution. • Second Required Any other Council Member (including the presiding officer) who supports the proposal (or who simply wishes it to be considered) may “second” the motion without first being recognized. A motion to raise a question of personal privilege does not require a second. • Motion Restated The Mayor should restate the motion for the record, particularly if it is long or complex. • Lack of a Second If there is no second stated immediately, the Mayor should ask whether there is a second. If no Council Member seconds the motion the matter will not be considered. • Discussion The maker shall be the first Council Member recognized to speak on the motion if it receives a second. Generally Council Members will speak only once with respect to a motion. If the Mayor or Council permits any Council Member to speak more than once on a motion, all Council Members shall receive the same privilege. • Secondary Motions Secondary motions may be made by a Council Member upon getting the floor. • Action After discussion is complete the Council will vote on the motion under consideration. 3) Precedence of Motions 23 17 When a motion is before the Council, no new main motion shall be entertained. The Council recognizes the following secondary motions which may be considered while a main motion is pending. These motions shall have precedence in the order listed below. This means that a secondary motion that is higher on the list will be considered ahead of a pending secondary motion that is lower on the list: • Fix the time to which to adjourn; • Adjourn; • Take a recess; • Raise a question of privilege; • Lay on the table; • Previous question (close debate); • Limit or extend limits of debate; • Motion to continue to a certain time; • Refer to committee; • Amend or substitute; 4) Secondary Motions Defined The purpose of the allowed secondary motions is summarized in the following text and table. • Fix the time to which to adjourn This motion sets a time for continuation of the meeting. It requires a second, is amendable and is debatable only as to the time to which the meeting is adjourned. • Adjourn This motion ends the meeting or adjourns it to another time. It requires a second and is not debatable except to set the time to which the meeting is adjourned, if applicable. A motion to adjourn shall be in order at any time, except as follows: (a) when repeated without intervening business or discussion; (b) when made as an interruption of a member while speaking; (c) when the previous question has been ordered; and (d) while a vote is being taken. • Take a recess This motion interrupts the meeting temporarily. It is amendable but is not debatable. • Raise a question of personal privilege This motion allows a Council Member to address the Council on a question of personal privilege and shall be limited to cases in which the Council Member's integrity, character or motives are questioned or when the welfare of the Council is concerned. The maker of the motion may interrupt another speaker if the presiding officer recognizes the "privilege." The motion does not require a second, is not amendable and is not debatable. • Lay on the table This motion is used to interrupt business for more urgent business. A motion to lay on the table requires a second, is not amendable and is 24 18 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. • Previous question This motion “calls the question” by closing debate on the pending motion. A motion for previous question requires a second, is not debatable and is not amendable. It applies to all previous motions on the subject unless otherwise specified by the maker of the motion. If motion for previous question fails, debate is reopened; if motion for previous question passes, then vote on the pending motion. A motion for previous question requires a two-thirds vote of those Council Members present and voting. • Limit or extend debate This motion limits or extends the time for the Council or any Council Member to debate a motion. It requires a second, is amendable and is not debatable. The motion requires a two-thirds vote of those Council Members present and voting. • Continue to a certain time This motion continues a matter to another, specified time. It requires a second, is amendable and is debatable as to propriety of postponement and time set. • Refer to a city agency, body, committee, board, commission or officer This motion sends a subject to another city agency, body, committee, board, commission or officer for further study and report back to Council, at which time subject is fully debated. It requires a second, is amendable, and is debatable only as to the propriety of referring. The substance of the subject being referred shall not be discussed at the time the motion to refer is made. • Amend or substitute This motion changes or reverses the main motion. It requires a second, is amendable, and is debatable only when the motion to which it applies is debatable. A motion to amend an amendment is in order, but one to amend an amendment to an amendment is not. An amendment modifying a motion is in order but an amendment raising an independent question or one that is not germane to the main motion shall not be in order. Amendments take precedence over the main motion and the motion to postpone indefinitely. 25 19 Motion Description 2nd Required Debatable Amendable 2/3 Vote Fix the time to which to adjourn Sets a next date and time for continuation of the meeting X Only as to time to which the meeting is adjourned X Adjourn Sets time to adjourn. Not in order if (a) repeated without intervening business (b) made as an interruption of a member while speaking; (c) the previous question has been ordered; and (d) while a vote is being taken X Only to set the time to which the meeting is adjourned Take a recess Purpose is to interrupt the meeting X X Raise a question of privilege Lay on the table Interrupts business for more urgent business X Previous question (close debate or “call the question”) Closes debate on pending motion X X Limit or extend limits of debate Purpose is to limit or extend debate X X X Motion to continue to a certain time Continues the matter to another, specified time X X X Refer to committee Sends subject to another city agency, body, committee, board, commission or officer for further study and report back to council, at which time subject is fully debated X Only as to propriety of referring, not substance of referral X Amend or substitute Modifies (or reverses course of) proposed action. Cannot raise independent question. Can amend an amendment, but no further X Only if underlying motion is debatable X 26 City Council Protocols and Procedures Handbook ________________________________________________________________ 20 W. Debate and Voting 1) Presiding officer to state motion The presiding officer shall assure that all motions are clearly stated before allowing debate to begin. The presiding officer may restate the motion or may direct the City Clerk to restate the motion before allowing debate to begin. The presiding officer shall restate the motion or direct the City Clerk to restate the motion prior to voting. 2) Presiding officer may debate and vote The presiding officer may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all Council Members. The presiding officer shall not be deprived of any of the rights and privileges of a Council Member. 3) Division of question If the question contains two or more divisible propositions, each of which is capable of standing as a complete proposition if the others are removed, the presiding officer may, and upon request of a member shall, divide the same. The presiding officer's determination shall be appealable by any Council Member. 4) Withdrawal of motion A motion may not be withdrawn by the maker without the consent of the Council Member seconding it. 5) Change of vote Council Members may change their votes before the next item on the agenda is called. 6) Voting On the passage of every motion, the vote shall be taken by voice or roll call or electronic voting device and entered in full upon the record. 7) Silence constitutes affirmative vote Council Members who are silent during a voice vote shall have their vote recorded as an affirmative vote, except when individual Council Members have stated in advance that they will not be voting. 8) Failure to vote It is the responsibility of every Council Member to vote unless disqualified for cause accepted by the Council or by opinion of the City Attorney. No Council Member can be compelled to vote. 9) Abstaining from vote Council Members should only abstain if they are not sufficiently informed about an item, e.g. when there was a prior hearing and they were unable to view the prior meeting before the current meeting. In the event of an abstention the abstainer in effect, 27 City Council Protocols and Procedures Handbook ________________________________________________________________ 21 "consents" that a majority of the quorum of the Council Members present may act for him or her. 10) Not participating A Council Member who disqualifies him or herself pursuant to the Political Reform Act of 1974 because of any financial interest shall disclose the nature of the conflict and may not participate in the discussion or the vote. A Council Member may otherwise disqualify him or herself due to personal bias or the appearance of impropriety. 11) Tie votes Tie votes may be reconsidered during the time permitted by these rules on motion by any member of the Council voting aye or nay during the original vote. Before a motion is made on the next item on the agenda, any member of the Council may make a motion to continue the matter to another date. Any continuance hereunder shall suspend the running of any time in which action of the City Council is required by law. Nothing herein shall be construed to prevent any Council Member from agendizing a matter that resulted in a tie vote for a subsequent meeting. 12) Motion to reconsider A motion to reconsider any action taken by the Council may be made only during the meeting or adjourned meeting thereof when the action was taken. A motion to reconsider requires a second, is debatable and is not amendable. The motion must be made by one of the prevailing side but may be seconded by any Council Member. A motion to reconsider may be made at any time and shall have precedence over all other motions, or while a Council Member has the floor, providing that no vested rights are impaired. The purpose of reconsideration is to bring back the matter for review. If a motion to reconsider fails, it may not itself be reconsidered. Reconsideration may not be moved more than once on the same motion. Nothing herein shall be construed to prevent any Council Member from making a motion to rescind such action at a subsequent meeting of the Council. 13) Appeal from the decision of presiding officer When the rules are silent, the presiding officer shall decide all questions of order, subject to appeal by a Council Member. When in doubt, the presiding officer may submit the question to the Council, in which case a majority vote shall prevail. Any decision or ruling of the presiding officer may be appealed by request of any member. The presiding officer shall call for a roll call or electronic voting device vote to determine if the presiding officer's ruling shall be upheld. If said vote passes or results in a tie vote, the presiding officer's ruling shall stand. If said vote fails, the decision or ruling of the presiding officer is reversed. 14) Getting the floor; improper references to be avoided Every Council Member desiring to speak shall address the chair and, upon recognition by the presiding officer, every Council Member shall be confined to the question under debate, avoiding all indecorous language and personal attacks. 28 City Council Protocols and Procedures Handbook ________________________________________________________________ 22 15) Interruptions Except for being called to order, a Council Member once recognized, shall not be interrupted when speaking, except as otherwise provided for in these rules. A Council Member called to order while speaking shall cease speaking until the question or order is determined, and, if in order, said Council Member shall be permitted to proceed. X. Quasi-Judicial Hearings Policy It is the policy of the Council to assure that the due process rights of all persons are protected during City hearings. A “quasi-judicial” hearing is a hearing that requires a higher level of procedural due process because of the potential impact on life, liberty or property. Usually, quasi-judicial hearings involve a single parcel of land and apply facts and evidence in the context of existing law. Findings must be stated to explain the evidentiary basis for the Council’s decision. Purpose These rules are intended to assure that City Council decision making on quasi-judicial 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. 1) Quasi-Judicial Proceedings Defined Quasi-judicial proceedings subject to these procedural rules include hearings involving the following matters: • Conditional Use Permits • Variances • Home Improvement Exceptions • Design Enhancement Exceptions • Subdivisions, other than final map approvals • Architectural Review • Assessment protest hearings • Other matters as determined by the City Attorney • Appeals related to any of the above • Environmental Review relating to any of the above 2) 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 Members outside of any noticed public meeting, prior to final recommendations by the Architectural Review Board or Planning & Transportation 29 City Council Protocols and Procedures Handbook ________________________________________________________________ 23 Commission. The following procedural guidelines are intended to implement this policy but shall not be construed to create any remedy or right of action. 3) Identification of Quasi-Judicial Matters The City Attorney, in conjunction with the City Clerk and City Manager, will identify agenda items involving quasi-judicial decisions on both the tentative and regular Council agendas. This identification is intended to inform the Council, interested parties, and the public that this policy will apply to the item. 4) Council to Track Contacts Council Members will use their best efforts to track contacts pertaining to such identified quasi-judicial/planned community decision items. Contacts include conversations, meetings, site visits, mailings, or presentations during which substantial factual information about the item is gathered by or submitted to the Council Member. 5) Disclosure When the item is presented to the Council for hearing, Council Members will disclose any contacts which have significantly influenced their preliminary views or opinions about the item. The disclosure may be oral or written and should explain the substance of the contact so that other Council Members, interested parties, and the public will have an opportunity to become apprised of the factors influencing the Council's decision and to attempt to controvert or rebut any such factor during the hearing. Disclosure alone will not be deemed sufficient basis for a request to continue the item. A contact or the disclosure of a contact shall not be deemed grounds for disqualification of a Council Member from participation in a quasi-judicial/planned community decision unless the Council Member determines that the nature of the contact is such that it is not possible for the Council Member to reach an impartial decision on the item. 6) No Contacts after Hearings Following closure of the hearing, and prior to a final decision, Council Members will refrain from any contacts pertaining to the item, other than clarifying questions directed to City staff. 7) Written Findings Required On any matter for which state law or City ordinance requires the preparation of written findings, the staff report and other materials submitted on the matter will contain findings proposed for adoption by the Council. Any motion directly or impliedly rejecting the proposed findings must include a statement of alternative or modified findings or a direction that the matter under consideration be continued for a reasonable period of time in order for staff to prepare a new set of proposed findings consistent with the evidence which has been presented and the decision which is anticipated. 8) Rules of Evidence Council hearings need not be conducted according to formal rules of evidence. Any relevant evidence may be considered if it is the sort of evidence upon which responsible persons rely in the conduct of serious affairs. The presiding officer may exclude 30 City Council Protocols and Procedures Handbook ________________________________________________________________ 24 irrelevant or redundant testimony and may make such other rulings as may be necessary for the orderly conduct of the proceedings while ensuring basic fairness and full consideration of the issues involved. Evidentiary objections shall be deemed waived unless made in a timely fashion before the Council. 9) Burden of Proof The applicant and appellant shall bear the burden of proof on all aspects of the action or relief they seek. The person with the burden of proof must offer evidence to the Council to support his or her position. 10) Council Members Who are Absent During Part of a Hearing A Council Member who is absent from any portion of a hearing conducted by the Council may vote on the matter provided that he or she has watched or listened to a video or radio broadcast, or video or audio recording, of the entire portion of the hearing from which he or she was absent and if she or he has examined all of the exhibits presented during the portion of the hearing from which he or she was absent and states for the record before voting that the Council Member deems himself or herself to be as familiar with the record and with the evidence presented at the hearing as he or she would have been had he or she personally attended the entire hearing. 11) Appeals Appeals to the Council shall be conducted de novo, meaning that new evidence and arguments may be presented and considered. All matters in the record before any other City board, commission or official shall be part of the record before the Council. Y. Standing Committees Policy It is the policy of the Council to use standing committees in open and public meetings to study City business in greater depth than what is possible in the time allotted for Council meetings. Purpose These rules are intended to enhance public participation and committee meetings so that the best possible decisions can be made for Palo Alto. General Requirements Council standing committees shall be subject to the following procedural rules: 1) Quorum A majority of the committee membership shall constitute a quorum. 2) Referrals Only the Council or City Manager shall make referrals to the standing committees. Referrals will generally be directed to only one of the standing committees. Items may be withdrawn from the committee and taken up for consideration by the Council at any Council meeting with the consent of a majority of the Council, and subject to any 31 City Council Protocols and Procedures Handbook ________________________________________________________________ 25 applicable noticing or agenda posting requirements. Council members who submit matters to the Council which are referred to a standing committee may appear before the standing committee to which the referral has been made in order to speak as proponents of the matter. Standing committee meetings during which such referrals may be considered shall be noticed as Council meetings for the purpose of enabling the standing committee to discuss and consider the matter with a quorum of the Council present. 3) Function of committees The purpose and intent of committee meetings is to provide for more thorough and detailed discussion and study of prospective or current Council agenda items with a full and complete airing of all sentiments and expressions of opinion on city problems by both the Council and the public, to the end that Council action will be expedited. Actions of the committee shall be advisory recommendations only. 4) Minutes The City Clerk shall be responsible for the preparation and distribution to the Council of the minutes of standing committee meetings. The minutes for these meetings shall be action minutes which reflect the motions made during these meetings. The minutes shall be delivered to all Council Members before the Council meeting at which the committee's recommendations are to be discussed. 5) Report of committee The minutes of each committee meeting shall serve as the report to the Council. Any member may write a separate report. 6) Agenda The chairperson of each standing committee shall work with staff to prepare the agenda for committee meetings, the sequence of study being, within reasonable limits of practicality, the same as the sequence of referral. 7) Public Participation Public comment on agenda items will be limited to a maximum of five minutes per speaker, or any alternate time limit specified by the presiding officer. 8) Conduct of standing committee meetings The chairperson of each committee may conduct meetings with as much informality as is consistent with Council procedural rules, which shall also be in effect during committee meetings. The views of interested private citizens may be heard in committee meetings, but in no case shall a committee meeting be used as a substitute for public hearings required by law. 9) Oral Communications Opportunities for oral communications shall be provided in the same manner as Council meetings. 32 City Council Protocols and Procedures Handbook ________________________________________________________________ 26 Z. Ad Hoc Committees and Committee as a Whole Policy The Council may use Ad Hoc Committees or the Committee as a Whole on a limited basis where necessary to study City business in greater depth than what is possible in the time allotted for Council and Standing Committee meetings. Purpose These rules are intended to clarify the distinctions between Standing, Ad Hoc Committees, and the Committee as a Whole and to set up guidelines for creation of Ad Hoc Committees and the Committee as a Whole. General Requirements Council Ad Hoc Committees and the Committee as a Whole shall be subject to the following procedural rules: 1) Definition of Ad Hoc Committee An Ad Hoc Committee is an advisory committee composed solely of less than a quorum of members of the Council. The work of an Ad Hoc Committee is limited to a single finite purpose. By contrast, a Standing Committee has continuing subject matter jurisdiction extending for a lengthy time period and/or a meeting schedule fixed by charter, ordinance, resolution, or formal action of the Council. 2) Definition of Committee as a Whole A Committee as a Whole is a committee composed of the entire City Council. The work of the Committee as a Whole is limited to a single finite purpose. 3) Brown Act Ad Hoc Committees do not constitute legislative bodies and are not subject to the requirements of the Brown Act. The Committee as a Whole is subject to the Brown Act. 4) Appointment The Mayor or the City Council may appoint three or fewer members of the Council to serve on an Ad Hoc Committee. In contrast, only the Council and not the Mayor alone can create a Standing Committee. The Mayor will publicly announce any Ad Hoc Committee created by him or her, its membership and stated purpose and 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. 5) Duration 33 City Council Protocols and Procedures Handbook ________________________________________________________________ 27 Ad Hoc Committees are created for a finite period of time. If an Ad Hoc Committee does not complete its task by the end of the calendar year, it shall not continue unless reappointed by the new Mayor in the following year. 6) Members Ad Hoc Committees shall consist of less than a quorum of Council members only and shall not include any other persons such as members of other legislative bodies. 7) Reporting Ad Hoc Committees shall report their recommendations to the Council no less than once per quarter in writing or orally. Any Council Member may during the COUNCIL MEMBER QUESTIONS, COMMENTS AND ANNOUNCEMENTS request that an updated Ad Hoc Committee report be placed on the next meeting’s agenda. 8) Termination of Ad Hoc Committee by Majority of Council A majority of the Council may vote to terminate any Ad Hoc Committee following placement of the issue on an agenda. 9) Conclusion A public announcement shall be made any time the Ad Hoc Committee has concluded its work and/or upon dissolution. 2.5 - Election of Mayor Palo Alto Municipal Code Section 2.04.060 governs the election of the Mayor. Nominations for Mayor may be made by any individual Council Member and do not require a second. 34 City Council Protocols and Procedures Handbook ________________________________________________________________ 28 CITY COUNCIL PROTOCOLS The handbook is organized into eight sections to serve as guidelines: 1) Core Responsibilities 2) Council Conduct 3) Other Procedural Issues 4) Policy & Services Committee – Role, Purpose & Work Planning 5) Enforcement 6) City Council Emails for Agenda-Related Items 7) City Council and Board and Commissions Policy for Travel and Miscellaneous Expense Reimbursement, 2020 8) City of Palo Alto Council Protocols Ethics Addendum 35 City Council Protocols and Procedures Handbook ________________________________________________________________ 29 SECTION 1 - CORE RESPONSIBILITIES All members of the City Council, including those serving as Mayor and Vice Mayor, have equal votes. No Council Member has more power than any other Council Member, and all should be treated with equal respect. All Council Members: A. Demonstrate honesty and integrity in every action and statement B. Comply with both the letter and spirit of the laws and policies affecting the operation operations of government. C. Serve as a model of leadership and civility to the community D. Inspire public confidence in Palo Alto government E. Work for the common good, not personal interest F. Prepare in advance of Council meetings and be familiar with issues on the agenda G. Fully participate in City Council meetings and other public forums while demonstrating respect, kindness, consideration, and courtesy to others H. Participate in scheduled activities to increase Council effectiveness I. Review Council procedures, such as these Council Protocols, at least annually J. Represent the City at ceremonial functions at the request of the Mayor K. Be responsible for the highest standards of respect, civility and honesty in ensuring the effective maintenance of intergovernmental relations L. Respect the proper roles of elected officials and City staff in ensuring open and effective government M. Provide contact information to the City Clerk in case an emergency or urgent situation arises while the Council Member is out of town 36 City Council Protocols and Procedures Handbook ________________________________________________________________ 30 SECTION 2 - COUNCIL CONDUCT Councils are composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to improve the quality of life in the community. In all cases, this common goal should be acknowledged even as Council may "agree to disagree" on contentious issues. 2.1 – Public Meetings A. Use Formal Titles The Council should refer to one another formally during Council meetings as Mayor, Vice Mayor or Council Member followed by the individual’s last name. B. Practice Civility and Decorum in Discussions and Debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. Be respectful of diverse opinions. C. Honor the Role of the Presiding Officer in Maintaining Order and Equity. Respect the Chair's efforts to focus discussion on current agenda items. Objections to the Chair's actions should be voiced politely and with reason, following the parliamentary procedures outlined in the City Council Procedural Rules. D. Demonstrate Effective Problem-Solving Approaches. Council Members have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. Council Members are role models for residents, business people and other stakeholders involved in public debate. E. Be Respectful of Other People's Time. Stay focused and act efficiently during public meetings. 2.2 - Private Encounters A. Treat Others as You Would Like to be Treated. Ask yourself how you would like to be treated in similar circumstances, and then treat the other person that way. 2.3 – Council Conduct with City Staff 37 City Council Protocols and Procedures Handbook ________________________________________________________________ 31 The key provisions on Council-staff relations found in section 2.04.170 of the Palo Alto Municipal Code: “Neither the council nor any of its committees or members shall direct, request or attempt to influence, either directly or indirectly, the appointment of any person to office or employment by the city manager or in any manner interfere with the city manager or prevent the city manager from exercising individual judgment in the appointment of officers and employees in the administrative service. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the city manager, and neither the council nor any member thereof shall give orders to any of the subordinates of the city manager, either publicly or privately.” Governance of a City relies on the cooperative efforts of elected officials, who set policy, and City Staff, which analyze problems and issues, make recommendations, and implement and administer the Council’s policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. A. Treat All Staff as Professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. As with your Council colleagues, practice civility and decorum in all interactions with City staff. B. Channel Communications through the Appropriate Senior City Staff. Questions of City staff should be directed only to the City Manager, Assistant City Manager, City Attorney, City Clerk, Assistant City Clerk, City Auditor, Senior Assistant City Attorneys, or Department Heads. The Office of the City Manager should be copied on any request to Department Heads. Council Members should not set up meetings with department staff directly, but work through Department Heads, who will attend any meetings with Council Members. When in doubt about what staff contact is appropriate, Council Members should ask the City Manager for direction. However, nothing in these protocols is intended to hinder the access Council-appointed liaisons (e.g. to the San Francisquito JPA or NCPA) may require in order to fulfill their unique responsibilities. C. In Order to Facilitate Open Government, All Council Members Should Make Decisions with the Same Information from Staff On Agendized or Soon-To-Be Agendized Items (i.e. Items on The Tentative Agenda or in a Council Committee). D. Never Publicly Criticize an Individual Employee, Including Council-Appointed Officers. Criticism is Differentiated From Questioning Facts or the Opinion of Staff. All critical comments about staff performance should only be made to the City Manager through private correspondence or conversation. Comments about staff in the office of the City Attorney, City Auditor or City Clerk should be made directly to these CAOs through private correspondence or conversation. E. Do Not Get Involved in Administrative Functions. 38 City Council Protocols and Procedures Handbook ________________________________________________________________ 32 Avoid any staff interactions that may be construed as trying to shape staff recommendations. Council Members shall refrain from coercing staff in making recommendations to the Council as a whole. F. Be Cautious in Representing City Positions on Issues. Before sending correspondence related to a legislative position, check with City staff to see if a position has already been determined. When corresponding with representatives of other governments or constituents remember to indicate if appropriate that the views you state are your own and may not represent those of the full Council. G. Do Not Attend Staff Meetings Unless Requested by Staff. Even if the Council Member does not say anything, the Council Member’s presence may imply support, show partiality, intimidate staff, or hampers staff’s ability to do its job objectively. H. Respect the “One Hour” Rule for Staff Work. Requests for staff support should be made to the appropriate senior staff member, according to the protocol for channeling communications. Any request, which would require more than one hour of staff time to research a problem or prepare a response, will need to be approved by the full council to ensure that staff resources are allocated in accordance with overall council priorities. Once notified that a request for information or staff support would require more than one hour, the Council Member may request that the City Manager place the request on an upcoming Council agenda. I. Depend upon the Staff to Respond to Citizen Concerns and Complaints. It is the role of Council Members to pass on concerns and complaints on behalf of their constituents. It is not, however, appropriate to pressure staff to solve a problem in a particular way. Refer citizen complaints to the appropriate senior staff member, according to the protocol on channeling communications. The senior staff member should respond according to the Policy and Procedure for Responding to Customer Complaints. Senior staff is responsible for making sure the Council Member knows how the complaint was resolved. J. Do Not Solicit Political Support from Staff. The City Charter states that “Neither the city manager or any other person in the employ of the city shall take part in securing or shall contribute any money toward the nomination or election of any candidate for a municipal office.” In addition, some professionals (e.g., City Manager and the Assistant City Manager) have professional codes of ethics, which preclude politically partisan activities or activities that give the appearance of political partisanship. 2.4 - Conduct with Palo Alto Boards and Commissions The City has established several Boards and Commissions as a means of gathering more community input. Citizens who serve on Boards and Commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City’s 39 City Council Protocols and Procedures Handbook ________________________________________________________________ 33 leadership and should be treated with appreciation and respect. Council Members serve as liaisons to Boards and Commissions, according to appointments made by the Mayor, and in this role are expected to represent the full Council in providing guidance on Council processes or actions to the Board or Commission. Refrain from speaking for the full Council on matters for which the full council has not yet taken a policy position. In other instances, Council Members may attend Board or Commission meetings as individuals, and should follow these protocols: A. If Attending a Board or Commission Meeting, Identify Your Comments as Personal Views or Opinions. Council Members may attend any Board or Commission meeting, which are always open to any member of the public. Any public comments by a Council Member at a Board or Commission meeting, when that Council Member is not the liaison to the Board or Commission should make a point to clearly state it is an individual opinion and not a representation of the feelings of the entire City Council. B. Refrain from Lobbying Board and Commission Members. It is inappropriate for a Council Member to contact a Board or Commission member to lobby on behalf of an individual, business, or developer, or to advocate a particular policy perspective. It is acceptable for Council Members to contact Board or Commission members in order to clarify a position taken by the Board or Commission. C. Remember that Boards and Commissions are Advisory to the Council as a Whole, not as Individual Council Members. The City Council appoints individuals to serve on Boards and Commissions, and it is the responsibility of Boards and Commissions to follow policy established by the Council. Council Members should not feel they have the power or right to unduly influence Board and Commission members. A Board and Commission appointment should not be used as a political reward. D. Concerns about an Individual Board or Commission Member Should be Pursued with Tact. If a Council Member has concerns with a particular Board or Commission member fulfilling his or her roles and responsibilities and is comfortable in talking with that individual privately, the Council Member should do so. Alternatively, or if the problem is not resolved, the Council Member should consult with the Mayor, who may address the issue to the Council as appropriate. E. Be Respectful of Diverse Opinions. A primary role of Boards and Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Council Members may have a closer working relationship with some individuals serving on Boards and Commissions but must be fair to and respectful of all citizens serving on Boards and Commissions. F. Keep Political Support Away from Public Forums. 40 City Council Protocols and Procedures Handbook ________________________________________________________________ 34 Board and Commission members may offer political support to a Council Member, but not in a public forum while conducting official duties. Conversely, Council Members may support Board and Commission members who are running for office, but not in an official forum in their capacity as a Council Member. G. Maintain an Active Liaison Relationship. Appointed Council liaisons or alternates are encouraged to attend all regularly scheduled meetings of their assigned Board or Commission. 2.5 - Staff Conduct with City Council A. Respond to Council Questions as Fully and as Expeditiously as is Practical. The protocol for staff time devoted to research and response is in application here. If a Council Member forwards a complaint or service request to a department head or a Council Appointed Officer, there will be follow-through with the Council Member as to the outcome. B. Respect the Role of Council Members as Policy Makers for the City. Staff is expected to provide its best professional recommendations on issues. Staff should not try to determine Council support for particular positions or recommendations in order to craft recommendations. The Council must be able to depend upon the staff to make independent recommendations. Staff should provide information about alternatives to staff recommendations as appropriate, as well as pros and cons for staff recommendations and alternatives C. Demonstrate Professionalism and Non-Partisanship in all Interactions with the Community and in Public Meetings. D. It is Important for the Staff to Demonstrate Respect for the Council at all Times. All Council Members Should be Treated Equally. 41 City Council Protocols and Procedures Handbook ________________________________________________________________ 35 SECTION 3 - OTHER PROCEDURAL ISSUES 3.1 – Commit to Annual Review of Important Procedural Issues At the beginning of each legislative year, the Council will hold a special meeting to review the Council protocols, adopted procedures for meetings, the Brown Act, conflict of interest, and other important procedural issues. 3.2 – Don’t Politicize Procedural Issues (e.g. Minutes Approval or Agenda Order) for Strategic Purposes 3.3 – Submit Questions on Council Agenda Items Ahead of the Meeting In order to focus the Council meetings on consideration of policy issues and to maintain an open forum for public discussion, questions which focus on the policy aspects of agenda items should be discussed at the Council meeting rather than in one-on-one communications with staff prior to the meetings. Any clarifications or technical questions that can be readily answered can be handled before the meeting. Council Members are encouraged to submit their questions on agenda items to the appropriate Council Appointed Officer or City Manager by 5:00 p.m. the Wednesday prior to the meeting 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.” 3.4 - Submittal of Materials Directly to Council If Council receives planning application materials related to agenda item matters they will notify the City Clerk and the City Manager as soon as possible. 3.5 - Late Submittal of Correspondence or Other Information Related to Planning Applications In order to allow for adequate Staff review and analysis, and to ensure public access to information, all plans, correspondence, and other documents supporting planning applications being heard by the City Council must be submitted to staff not later than noon five working days prior to the release of the Council Agenda Packet. If any correspondence or other information is submitted after this deadline to Council Members or staff, and Staff determines additional review is needed Staff will reschedule the item for a future Council meeting. If a Council member receives planning application materials from a project applicant he or she shall notify the City Clerk and the City Manager as soon as possible. There are no restrictions on the rights of applicants or others to comment or respond to information contained within the Staff Report. At the meeting the City Council may determine whether to continue or refer the item to the appropriate Board and/or Commission if significant changes to a project or significant new information become known. Nothing in this statement is intended to restrict the rights of applicants or other interested parties to respond to information contained in or attached to a Staff Report. *For all purposes, applicant also refers to applicant agent. 42 City Council Protocols and Procedures Handbook ________________________________________________________________ 36 3.6 – Respect the Work of the Council Standing Committees The purpose of the Council standing committees is to provide focused, in-depth discussion of issues. Council should respect the work of the committees. If a matter is taken forward to the full Council for approval and it receives a unanimous vote at Committee, the item will be placed on the Consent Calendar unless otherwise recommended by the Committee, Mayor, City Attorney or City Manager if any of these entities believe the item is of significant public interest. 3.7 – The Mayor and Vice Mayor Should Work With Staff to Plan the Council Meetings There are three purposes to the pre-Council planning meeting: 1) to plan how the meeting will be conducted, including review of approximate time allocation of staff report presentations and to ensure adequate time for large complex items; 2) to identify any issues or questions that may need greater staff preparation for the meeting; and 3) to discuss future meetings. Consideration in building the agenda should be given to the potential length of the meeting and at what point items of significant public concern may be heard. The purpose of the meeting is not to work on policy issues. Normally, only the Mayor and Vice Mayor are expected to attend the pre-Council meetings with the City Manager and other CAOs, and Department Managers. The Mayor and Vice Mayor’s role is to represent the interest of the entire Council. 43 City Council Protocols and Procedures Handbook ________________________________________________________________ 37 SECTION 4 - POLICY & SERVICES COMMITTEE – ROLE, PURPOSE, & WORK PLANNING The Municipal Code states that the role of the Council Policy & Services Committee is to: …consider and make recommendations on matters referred to it by the council relating to parliamentary and administrative procedures and policy matters pertaining to intergovernmental relations, personnel policies, planning and zoning, traffic and parking, public work, and community and human services. (§2.04.220) In 2009 and 2010, the Council reviewed the purpose and structure of the Committee and adopted recommendations on several items related to this. This section documents these agreements related to the Committee. Purpose Statement: The purpose of the Policy & Services Committee is to review and identify important community issues and City policies and practices to ensure good public policy. The Committee shall consider and make recommendations to Council on matters relating to parliamentary protocols, procedures and policy matters. SECTION 5 - ENFORCEMENT Council Members have the primary responsibility to assure that these protocols are understood and followed, so that the public can continue to have full confidence in the integrity of government. As an expression of the standards of conduct expected by the City for Council Members, the protocols are intended to be self-enforcing. They therefore become most effective when members are thoroughly familiar with them and embrace their provisions. For this reason, Council Members entering office shall sign a statement affirming they have read and understood the Council protocols. In addition, the protocols shall be annually reviewed by the Policy and Services Committee and updated as necessary. 44 City Council Protocols and Procedures Handbook ________________________________________________________________ 38 SECTION 6 - CITY COUNCIL E-MAILS FOR AGENDA-RELATED ITEMS 6.1 - Policy The Council adopted protocols provide a framework for the policy on e-mail communications between Council Members and Staff on agenda-related items, including the following: A. In order to facilitate open government, all Council Members should make decisions with the same information from Staff on agendized or soon-to-be agendized items (i.e. items on the tentative agenda or in a Council Committee) B. Submit questions on Council agenda items ahead of the meeting, In order to focus the Council meetings on consideration of policy issues and to maintain an open forum for public discussion, questions which focus on the policy aspects of agenda items should be discussed at the Council meeting rather than in one-on-one communications with Staff prior to the meetings. Any clarifications or technical questions that can be readily answered can be handled before the meeting. Council Members are encouraged to submit their questions on agenda items to the appropriate Council Appointed Officer or City Manager as far in advance of the meeting as possible so that Staff can be prepared to respond at the Council meeting. In its settlement agreement with the San Jose Mercury News of February 2003, the City Council agreed to consider a policy under which the Council would waive any deliberative or other privilege, other than attorney-client privilege, that it might assert with regards to e-mails on agendized items. This policy and procedure implements that agreement. The Council, in adopting this policy, does not waive attorney-client-privilege or any other privilege associated with a closed session authorized under the Brown Act. 6.2 - Procedure A. Council Members should direct any questions on staff reports to the City Manager or designee. Questions on reports from the City Auditor, City Attorney, or City Clerk should be directed to the appropriate Council Appointed Officer. Council Members should not direct any questions on agenda items to other members of the City Manager’s Staff or the Staff of the other Council Appointed Officers. B. Council Members 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 meeting may be responded to via e-mail, or alternatively, will be responded to at the Council meeting. C. Staff will not engage in “dialogues” with individual Council Members regarding questions, i.e. follow-up questions to initial questions will be responded to at the Council Meeting. 45 City Council Protocols and Procedures Handbook ________________________________________________________________ 39 D. Staff will give highest priority to responding prior to the Council meeting via e-mail only on items on the Consent Calendar. Questions which address the policy aspects of the item on the Council agenda will not be responded to prior to the meeting, although Staff welcomes such questions in advance of the meeting in order to prepare for the Council and public discussion. Technical and clarifying questions on non-Consent Calendar items will be responded to as time permits. E. If the Staff will be responding to a Council Members Consent Calendar question at the meeting rather responding to the question via e-mail, Staff will inform the Council Member as early as possible after receipt of the question(s). F. Questions and all Staff-prepared responses will be forwarded to all Council Members as well as put up on the special web page created for public review of Council agenda questions and Staff responses. Staff will include the name of the Council Member posing the questions in the “subject” field of the e-mail response. G. Written copies of all Council Member agenda questions and Staff responses will be at Council places at the meeting; additionally copies will be made available in the Council Chambers for members of the public. 46 City Council Protocols and Procedures Handbook ________________________________________________________________ 40 THIS SECTION UNDER REVIEW SECTION 7 - CITY COUNCIL AND BOARDS AND COMMISSSIONS POLICY FOR TRAVEL AND MISCELLANEOUS EXPENSE REIMBURSEMENT, 2020 GENERAL CONSIDERATIONS This policy is set by the City Council and applies to Council Members and to Board and Commissions members, who will be referred to as “Officials” in the policy. In reimbursing travel and miscellaneous expenses, a municipal purpose requiring the expenditure of public funds must be in evidence; also, in accord with the Charter and Municipal Code, such expenditures must be from authorized appropriations. 7.1 - Eligible Activities The following activities (“Eligible Activities”) are recognized by the Council as advancing municipal purposes and are eligible for expense reimbursement, subject to limitations on activities and specific and total expenditures described elsewhere in this policy: A. Communicating with representatives of regional, state and national government on adopted city policy positions; B. Attending educational seminars designed to improve officials’ skill and information levels; C. Participating in regional, state and national organizations whose activities affect the City’s interest; 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. 7.2 - Out-of-Town Conferences or Meetings A. Reimbursement All payments for travel and meetings shall be on the basis of either reimbursement of expenses advanced by the Council Member/Official or payments made directly to travel agencies/websites, hotels, airlines or the organization sponsoring the meeting. All requests for payments or reimbursements must be accompanied by 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. 47 City Council Protocols and Procedures Handbook ________________________________________________________________ 41 THIS SECTION UNDER REVIEW 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. B. Meals and Incidentals Notwithstanding the preceding general policy regarding reimbursement, a Council Member or Official may submit a payment request (supported by conference literature) for advance payment of meals and incidentals allowance according to the Internal Revenue Service authorized mileage reimbursement rate and payment for meals and incidentals consistent with City Policy and Procedures 1-02. If the amount advanced is exceeded, additional reimbursement may be requested upon return from the meeting. Requests for additional reimbursement must be supported by a detailed report and receipts for all meals and incidentals. The Mayor shall pre-approve additional reimbursements, and if the expenses are determined to be excessive, they may not be approved. The City will provide a per diem (“per day”) allowance for meals and incidentals to Council Members or Officials who are approved to travel overnight for official City business. Council Members or Officials will receive a flat rate for meals and will not be required to submit receipts. The per diem rate varies and is dependent on the destination of travel. The rates for the various travel destinations are available on the U.S. General Services Administration website (http://www.gsa.gov/portal/content/104877). When meals are provided at an event, the value of that meal will be deducted from the daily per diem rate. Travelers will receive 75% of the daily per diem amount on days requiring transportation to and from the location (i.e., departure day and return day) regardless of departure and arrival times. Meals provided on days of travel shall be deducted at full-value. Incidental Expenses Incidental expenses related to City business shall be reimbursed at cost as supported by submitted receipts. Incidental expenses may include hotel parking charges, Internet connection services, and telephone charges. 48 City Council Protocols and Procedures Handbook ________________________________________________________________ 42 THIS SECTION UNDER REVIEW The actual costs for parking will be reimbursed when approval to use a personal vehicle or rental car is obtained in advance. Council Members or Officials should use the lowest cost alternative for parking within a reasonable area from the destination. Internet connection services purchased to conduct City business are reimbursable. Other charges on the hotel bill, such as pay-TV movies, cleaning, laundry, room service charges or charges for additional guests are not reimbursable. C. Lodging Expense Council Members or Officials shall select single occupancy, standard, non-deluxe accommodations and should stay at hotels offering economical lodging rates. When possible, travelers attending a conference or seminar should stay at conference hotels, which offer a negotiated rate. The City will not reimburse any cost related to the extension of a hotel stay beyond the time necessary to complete the event. An out-of-state trip involving cross-county travel may require hotel accommodations both before and after the conference or training. Within California and adjoining states, an extra night’s hotel stay should not be necessary if flight arrangements can be made the same day. The use of hotels is restricted to cities located beyond 50 miles (one-way) from the City of Palo alto or the traveler’s residence (whichever is shortest). For example, if the destination is Sacramento and you live in Palo Alto (118 miles) or Oakland (81 miles), you would qualify for a hotel (and per diem for meals). However, if you live in Vacaville (35 miles) or Lodi (36 miles) you would not qualify for a hotel. Reimbursements or payment of hotel bills will be limited to the highest group or governmental rate available and will cover room charges, applicable taxes and any other item listed in this policy for the Council Member or Official. Telephone calls to Palo Alto City Hall may be made collect. Other charges on the bill such as Expenses incurred for extra guests of the traveler and the like are not reimbursable. D. Transportation • Air Transportation Reimbursement or payment will be limited to economy class commercial air carrier, or an available group travel rate if lower. Council Members or Officials shall fly economy class on the lowest flight available for the most direct route to the final destination, which could reasonably include scheduled layovers. Council Members or Officials are encouraged to make air reservations as early as feasible to obtain the greatest discount and to consider the use of alternate but nearby airports to take advantage of the lowest fares. Extension of the trip to cover a weekend stay to obtain a lower airfare does not entitle the Council Member or Official to be reimbursed for the extra day’s hotel 49 City Council Protocols and Procedures Handbook ________________________________________________________________ 43 THIS SECTION UNDER REVIEW costs or meal expenses. Council Members or Officials may use City travel to qualify for frequent flyer credits, but the selection of an airline for a given trip shall not be made for the purpose of accumulating such credits. Council Members or Officials that choose to use their personal frequent flyer miles for City business shall not be reimbursed for the value of the tickets. If the airline charges for all checked baggage, the City will cover the cost for one checked bag only. Excess baggage charges are not reimbursable. • Rental Cars Rental cars shall be approved if other ground transportation, such as shuttles or taxis, is more expensive during the stay at the destination. Only economy or compact car models may be rented unless an upgrade is provided by the rental agency at no additional cost. Because the City is self-insured, Council Members or Officials should decline any additional insurance offered by the rental company. Council Members or Officials must also decline the Fuel Purchase Options (which allows for prepayment of a gas tank refill) and shall refuel prior to returning the rental car. Rental car options such as GPS devices and any other extra optional charges are not reimbursable. The use of a rental car, in lieu of a private auto, to travel to and from an out of town event will be reimbursed either at the current IRS mileage rate or the car rental cost apportioned for the number of days used for City business, whichever is less. • Private Automobiles Private automobiles may be used for personal or group transportation on extended trips. Reimbursement shall be made at the current IRS mileage rate. The distance to be reimbursed shall be measured from the place of work and from the employee’s home, and the calculated mileage reimbursement shall be based upon which of the two distances is shorter. established by the Internal Revenue Service authorized mileage reimbursement rate consistent with the City Policy and Procedures 1-02. Mileage reimbursement for private automobiles shall not exceed the cost of round trip air transportation (economy class) for a reservation made at least seven days in advance of the trip. and rental car, if applicable, or an available group travel rate if lower. • Rental Car Economy level only when Council Member or Official has traveled by airplane out of the Bay Area. • Shuttle/Taxi When traveling out of the area. 7.3 - Local or Bay Area Activities 50 City Council Protocols and Procedures Handbook ________________________________________________________________ 44 THIS SECTION UNDER REVIEW Council Members or Officials who have been requested or designated to represent the City may receive the actual cost of: A. Meals, if they are a scheduled feature of the activity, e.g., SCCCA dinner meetings. B. Registration fees where applicable. C. Mileage if activity is outside the City (mileage claims should be submitted monthly, with details: date and type of meeting, number of miles traveled to be indicated), consistent with City Policy and Procedures 1-02. D. Council Members and Officials may be reimbursed by the City for use of a private bicycle to attend local or Bay Area activities outside the City of Palo Alto consistent with City Policy and Procedures 2-9. 7.4 - Other Expenses A. Ethics Training Expenses – AB1234 requires ethics training every two years and such fee and related expenses are eligible for reimbursement. 7.5 - Activities Not Considered Reimbursable A. Voluntary attendance at any conference or meeting, not representing the City. B. Meetings of social or service organizations. C. Meetings of voter groups or with individual citizens concerned with agenda items. D. Election campaign activities. E. Alcohol and entertainment expenses. F. Personal portion of the trip and other non-mileage automobile expenses. 7.6 - Reports to Council Council Members and Officials shall provide brief verbal reports on meetings attended at the City’s expense at the next regular Council/Board/Commission meeting. If multiple Officials attended, a joint report may be made. All related documents are subject to the Public Records Act and can be periodically reviewed by auditors. 7.7 - Violation of This Policy Use of public resources or falsifying expense reports is in violation of this policy and may result in any or all of the following: 51 City Council Protocols and Procedures Handbook ________________________________________________________________ 45 THIS SECTION UNDER REVIEW A. Loss of reimbursement privileges B. A demand for restitution to the City C. The City reporting the expenses as income to the elected or appointed Official to state and federal tax authorities D. Civil penalties of up to $1000 per day and three times the value of the resources used E. Prosecution for misuse of public resources 7.8 - Mayor and Vice Mayor Additional Compensation The Mayor shall receive $150 monthly and the Vice Mayor $100 monthly to defray additional expenses of these offices. 7.10 - Support Services The City Clerk’s Office makes travel arrangements for Council Members. This service includes conference registration, hotel reservations, per diem advances and reimbursement of unforeseen expenses. The department liaison for each board and commission will be responsible for arrangements for Officials. 52 City Council Protocols and Procedures Handbook ________________________________________________________________ 46 CITY OF PALO ALTO COUNCIL PROTOCOLS ETHICS ADDENDUM The citizens, businesses and organizations of the city are entitled to have fair, ethical and accountable local government, which has earned the public’s full confidence for integrity. To this end, the City Council has adopted Council Protocols and this Code of Ethics for members of the City Council to assure public confidence in the integrity of local government and its effective and fair operation. A. Comply with Law Members shall comply with the laws of the nation, the State of California and the City in the performance of their public duties. These laws include but are not limited to: the United States and California constitutions, the city Charter, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities and open processes of governments and City ordinances and policies. B. Conduct of Members The professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the Council, boards and commissions, the staff or the public. C. Respect for Process Members shall perform their duties in accordance with the processes and rules of order established by the City Council governing the deliberation of public policy issues, meaningful involvement of the public and implementation of policy decisions of the City Council by City staff. D. Decisions Based on Merit Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. E. Conflict of Interest In order to assure their independence and impartiality on behalf of the common good, members shall not use their official positions to influence decisions in which they have a material financial interest or where they have an organizational responsibility or personal relationship, which may give the appearance of a conflict of interest. F. Gifts and Favors It is contrary to the city of Palo Alto’s ethical standards for any council member to accept gifts or gratuities from an individual, business, or organization doing business, or seeking to do business, with the City or who is seeking permits or other entitlements from the City. 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 53 City Council Protocols and Procedures Handbook ________________________________________________________________ 47 services rendered and can erode the public confidence in the impartiality of decisions made by Council Members. Council Members exercise good faith in carrying out this Protocol. It is impossible to list every situation and fact pattern, so it anticipates that Council Members will exercise their good judgment in determining whether the item is a gift or not. This policy is supplemental to the gift limitations of the Fair Political Practices Commission’s Limitations and Restrictions on Gifts, Honoraria, Travel and Loans. The following are not considered gifts under this Protocol: • Gifts which the Council member returns (unused) to the donor, or for which the Council Member reimburses the donor, within 30 days of receipt. • Gifts from a Council Member’s spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, aunt, uncle, niece, nephew, or first cousin or the spouse of any such person, unless he or she is acting as an agent or intermediary for another person who is the true source of the gift. • Minor gifts of hospitality involving food or drink, that the Council Member receives in an individual’s home or at another location of business. • Gifts approximately equal in value exchanged between the Council Member and another individual on holidays, birthdays, or similar occasions. • Informational material provided to assist the Council member in the performance of their official duties, including books, reports, pamphlets, calendars, periodicals, videotapes, or free or discounted admission to informational conferences or seminars. • A bequest or inheritance. • Campaign contributions. • Personalized plaques and trophies with an individual value of less than $250. • Tickets to attend fundraisers for campaign committees or other candidates, and tickets to fundraisers for organizations exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. • 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 54 City Council Protocols and Procedures Handbook ________________________________________________________________ 48 connection with the speech, panel, seminar, or similar service, are also not considered gifts. • Passes or Tickets which provide admission or access to facilities, goods, services, or other benefits (either on onetime or repeat basis) that the Council Member does not use and does not give to another person. • Wedding gifts • A prize or award received in a bona fide competition not related to official status. (These exceptions are paraphrased from FPPC publications.) • Gifts from Sister Cities or other entities, other municipalities, if forwarded to the City. G. Confidential Information Members shall respect the confidentiality of information concerning the property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests. H. Use of Public Resources Members shall not use public resources, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes. I. Representation of Private Interests In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any other board, commission or proceeding of the City, nor shall members of boards and commissions appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies. J. Advocacy Members shall represent the official policies or positions of the City Council, board or commission to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the City, nor will they allow the inference that they do. K. Positive Work Place Environment Members shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing 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. 55