HomeMy WebLinkAbout2023-10-10 Policy & Services Commitee Agenda PacketPOLICY AND SERVICES COMMITTEE
Regular Meeting
Tuesday, October 10, 2023
Council Chambers & Hybrid
7:00 PM
Pursuant to AB 361 Palo Alto City Council meetings will be held as “hybrid” meetings with the
option to attend by teleconference/video conference or in person. To maximize public safety
while still maintaining transparency and public access, members of the public can choose to
participate from home or attend in person. Information on how the public may observe and
participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if
attending in person. The meeting will be broadcast on Cable TV Channel 26, live on
YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media
Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/94618744621)
Meeting ID: 946 1874 4621 Phone: 1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an
amount of time determined by the Chair. All requests to speak will be taken until 5 minutes
after the staff’s presentation. Written public comments can be submitted in advance to
city.council@CityofPaloAlto.org and will be provided to the Council and available for inspection
on the City’s website. Please clearly indicate which agenda item you are referencing in your
subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only
by email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,
the Clerk will have them shared at public comment for the specified item. To uphold strong
cybersecurity management practices, USB’s or other physical electronic storage devices are not
accepted.
CALL TO ORDER
PUBLIC COMMENT
Members of the public may speak to any item NOT on the agenda.
ACTION ITEMS
1.Approval of proposed changes to the Fraud, Waste, and Abuse Hotline Administration
Policy – Not a CEQA project
2.Referral: Discussion and Possible Recommendation Regarding Friendship Cities
3.City Council Referral to Discuss and Recommend City Council Procedures and Protocols
on: Censure and International Travel Sections (Follow Up Discussion)
FUTURE MEETINGS AND AGENDAS
Members of the public may not speak to the item(s)
ADJOURNMENT
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email,
teleconference, or by phone.
1. Written public comments may be submitted by email to city.council@cityofpaloalto.org.
2. For in person public comments please complete a speaker request card located on the
table at the entrance to the Council Chambers and deliver it to the Clerk prior to
discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through
the teleconference meeting. To address the Council, click on the link below to access a
Zoom‐based meeting. Please read the following instructions carefully.
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. Or download the Zoom application onto
your smart phone from the Apple App Store or Google Play Store and enter in the
Meeting ID below.
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.
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.
When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
4. 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
Council. 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 Meeting ID: 946‐1874‐4621 Phone: 1‐669‐900‐6833
Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public
programs, services and meetings in a manner that is readily accessible to all. Persons with
disabilities who require materials in an appropriate alternative format or who require auxiliary
aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at
(650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or
accommodations must be submitted at least 24 hours in advance of the meeting, program, or
service.
1 Regular Meeting October 10, 2023
Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are
available for public inspection at www.CityofPaloAlto.org.
POLICY AND SERVICES COMMITTEERegular MeetingTuesday, October 10, 2023Council Chambers & Hybrid7:00 PMPursuant to AB 361 Palo Alto City Council meetings will be held as “hybrid” meetings with theoption to attend by teleconference/video conference or in person. To maximize public safetywhile still maintaining transparency and public access, members of the public can choose toparticipate from home or attend in person. Information on how the public may observe andparticipate in the meeting is located at the end of the agenda. Masks are strongly encouraged ifattending in person. The meeting will be broadcast on Cable TV Channel 26, live onYouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen MediaCenter https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/94618744621)Meeting ID: 946 1874 4621 Phone: 1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance tocity.council@CityofPaloAlto.org and will be provided to the Council and available for inspectionon the City’s website. Please clearly indicate which agenda item you are referencing in yoursubject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only
by email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,
the Clerk will have them shared at public comment for the specified item. To uphold strong
cybersecurity management practices, USB’s or other physical electronic storage devices are not
accepted.
CALL TO ORDER
PUBLIC COMMENT
Members of the public may speak to any item NOT on the agenda.
ACTION ITEMS
1.Approval of proposed changes to the Fraud, Waste, and Abuse Hotline Administration
Policy – Not a CEQA project
2.Referral: Discussion and Possible Recommendation Regarding Friendship Cities
3.City Council Referral to Discuss and Recommend City Council Procedures and Protocols
on: Censure and International Travel Sections (Follow Up Discussion)
FUTURE MEETINGS AND AGENDAS
Members of the public may not speak to the item(s)
ADJOURNMENT
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email,
teleconference, or by phone.
1. Written public comments may be submitted by email to city.council@cityofpaloalto.org.
2. For in person public comments please complete a speaker request card located on the
table at the entrance to the Council Chambers and deliver it to the Clerk prior to
discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through
the teleconference meeting. To address the Council, click on the link below to access a
Zoom‐based meeting. Please read the following instructions carefully.
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. Or download the Zoom application onto
your smart phone from the Apple App Store or Google Play Store and enter in the
Meeting ID below.
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.
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.
When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
4. 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
Council. 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 Meeting ID: 946‐1874‐4621 Phone: 1‐669‐900‐6833
Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public
programs, services and meetings in a manner that is readily accessible to all. Persons with
disabilities who require materials in an appropriate alternative format or who require auxiliary
aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at
(650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or
accommodations must be submitted at least 24 hours in advance of the meeting, program, or
service.
2 Regular Meeting October 10, 2023
Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are
available for public inspection at www.CityofPaloAlto.org.
POLICY AND SERVICES COMMITTEERegular MeetingTuesday, October 10, 2023Council Chambers & Hybrid7:00 PMPursuant to AB 361 Palo Alto City Council meetings will be held as “hybrid” meetings with theoption to attend by teleconference/video conference or in person. To maximize public safetywhile still maintaining transparency and public access, members of the public can choose toparticipate from home or attend in person. Information on how the public may observe andparticipate in the meeting is located at the end of the agenda. Masks are strongly encouraged ifattending in person. The meeting will be broadcast on Cable TV Channel 26, live onYouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen MediaCenter https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/94618744621)Meeting ID: 946 1874 4621 Phone: 1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance tocity.council@CityofPaloAlto.org and will be provided to the Council and available for inspectionon the City’s website. Please clearly indicate which agenda item you are referencing in yoursubject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.CALL TO ORDERPUBLIC COMMENT Members of the public may speak to any item NOT on the agenda. ACTION ITEMS1.Approval of proposed changes to the Fraud, Waste, and Abuse Hotline AdministrationPolicy – Not a CEQA project2.Referral: Discussion and Possible Recommendation Regarding Friendship Cities3.City Council Referral to Discuss and Recommend City Council Procedures and Protocolson: Censure and International Travel Sections (Follow Up Discussion)FUTURE MEETINGS AND AGENDASMembers of the public may not speak to the item(s)
ADJOURNMENT
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email,
teleconference, or by phone.
1. Written public comments may be submitted by email to city.council@cityofpaloalto.org.
2. For in person public comments please complete a speaker request card located on the
table at the entrance to the Council Chambers and deliver it to the Clerk prior to
discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through
the teleconference meeting. To address the Council, click on the link below to access a
Zoom‐based meeting. Please read the following instructions carefully.
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. Or download the Zoom application onto
your smart phone from the Apple App Store or Google Play Store and enter in the
Meeting ID below.
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.
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.
When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
4. 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
Council. 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 Meeting ID: 946‐1874‐4621 Phone: 1‐669‐900‐6833
Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public
programs, services and meetings in a manner that is readily accessible to all. Persons with
disabilities who require materials in an appropriate alternative format or who require auxiliary
aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at
(650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or
accommodations must be submitted at least 24 hours in advance of the meeting, program, or
service.
3 Regular Meeting October 10, 2023
Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are
available for public inspection at www.CityofPaloAlto.org.
3
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2
Policy & Services Committee
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: City Auditor
Meeting Date: October 10, 2023
Report #:2309-2050
TITLE
Approval of proposed changes to the Fraud, Waste, and Abuse Hotline Administration Policy –
Not a CEQA project
RECOMMENDATION
The Office of the City Auditor recommends that the Policy and Services Committee recommend
the City Council approve the proposed changes to the Fraud, Waste, and Abuse Hotline
Administration Policy.
BACKGROUND
Section 53087.6 of the California Government Code1 authorizes an appointed city auditor to
“maintain a whistleblower hotline to receive calls from persons who have information
regarding fraud, waste, or abuse by local government employees” after obtaining approval of
the City Council prior to establishing the whistleblower hotline. In May 2013, the City Council
adopted the “City Employee Fraud, Waste, and Abuse Hotline Administration Policy” (“Hotline
Policy”) after an 18-month pilot program to establish an employee-only fraud, waste, and abuse
hotline. The revised Hotline Policy was approved by the City Council on June 5, 20172.
ANALYSIS
The changes that the Office of the City Auditor has proposed for the Hotline Policy include:
•Revising the alternative members of the Hotline Review Committee (consisting of City
Manager, City Attorney, and City Auditor) from Assistant City Manager and Principal
Attorney to the Director of Human Resources and either the Chief Assistant City
1 Section 53087.6 of the California Government Code
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=53087.6&highlight=true&lawCod
e=GOV&keyword=53087.6F
2 City Council, June 5, 2017; Agenda Item #12, https://www.cityofpaloalto.org/files/assets/public/v/1/city-
auditor/memos-and-quarterly-reports/fiscal-year-2016-2017/mini-packet.pdf
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1
7
2
Attorney or an outside attorney retained by the City Council, depending on the
circumstances, to ensure the alternative member’s objectivity when one of the
Committee members is alleged to be involved in fraud, waste, or abuse.
•Adding a restriction of a Hotline Review Committee member’s access to the incident
report if it involves her/him.
o The Office of the City Auditor will review the system access controls to ensure
that they support the reporting process.
•Adding a link to report to the California Fair Political Practices Commission when
employees are reporting incidents involving members of the City Council.
FISCAL/RESOURCE IMPACT
City Manager’s Office, City Attorney’s Office, and City departments can absorb the proposed
edits within existing resource levels.
STAKEHOLDER ENGAGEMENT
The Office of the City Auditor will work with City Manager and City Attorney to administer the
Hotline in accordance with the Hotline Policy. The Office of the City Auditor will work with City
Manager and City Attorney to administer the Hotline in accordance with the Hotline Policy.
ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because the Auditor task orders
are administrative activities that will not result in direct or indirect physical changes in the
environment. CEQA Guidelines section 15378(b)(5).
ATTACHMENTS
Attachment A: Hotline Policy with proposed changes 2023-10-10
APPROVED BY:
Adriane D. McCoy, City Auditor
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CITY OF PALO ALTO
Fraud, Waste, and Abuse Administration Policy
City Employee
Fraud, Waste, and Abuse Hotline Administration
Policy
Page 2 of 7
Updated: October 2023
CITY OF PALO ALTO
Fraud, Waste, and Abuse Administration Policy
Table of Contents
1. Objective ....................................................................................................................... 3
2. Structure ....................................................................................................................... 3
3. Hotline Review Committee ........................................................................................... 3
4. Case Management ........................................................................................................ 3
5. Case Dissemination ....................................................................................................... 4
6. Coordination With Human Resources Regarding Its Advice Line .................................. 5
7. Escalation ...................................................................................................................... 5
8. Reporting ...................................................................................................................... 5
9. Discipline ....................................................................................................................... 5
10. Prohibition Against Retaliation ..................................................................................... 6
11. Terms and Definitions ................................................................................................... 6
12. Security of Incident Reports and Associated Reports, Working Papers, and Other
Related Documents....................................................................................................... 6
13. Custody of Investigation Documents ............................................................................ 7
14. Public Requests for Information Regarding All Incident Reports .................................. 7
15. Filing of Malicious Complaints ...................................................................................... 7
16. Advertising the Hotline ................................................................................................. 7
Page 3 of 7
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CITY OF PALO ALTO
Fraud, Waste, and Abuse Administration Policy
1. Objective
The primary objective of the City of Palo Alto Fraud, Waste, or Abuse Hotline (“hotline”) is to provide an
anonymous mechanism for employees to report fraud, waste, or abuse that directly relates to the City
of Palo Alto.
City employees who have specific information that other City employees or contractors have engaged in
fraud, waste, or abuse are encouraged to report such information through the normal chain of
command, which includes their immediate supervisor, manager, department head, Human Resources,
and the City Manager’s Office (CMO); or to the Office of the City Auditor. However, there may be certain
circumstances where an employee believes it is necessary to remain anonymous or prefers for other
reasons to report directly through the hotline. The hotline provides a method whereby employees can
choose to remain anonymous when reporting such incidents over the phone to a third- party interviewer
or via an anonymous web form. The City believes that anonymity is a last resort and should only be used
after other reporting methods have been attempted or when the employee has a reasonable good faith
belief that it is necessary. Frivolous anonymous calls can undermine the effectiveness of the hotline. All
reports made regarding fraud, waste, or abuse should be made seriously and with due professional care.
2. Structure
The hotline is hosted by an independent, third-party provider (vendor) contracted by the City. The
vendor provides the option for callers to provide information over the hotline anonymously. The vendor
issues an incident report for each call and submits the incident reports for review and referral. The
vendor provides offsite hotline coverage 24/7/365 and live interviewers who obtain the information
deemed necessary to verify and process the complaints. This information is then transcribed into an
incident report that is housed in the vendor-hosted case management system.
3. Hotline Review Committee
The Hotline Review Committee (“Committee”) is composed of the following members or their
designees: the City Auditor, the City Manager, and the City Attorney. The alternative member of the
Committee, when an incident report involves the City Manager or the City Attorney, is the Director of
Human Resources or either the Chief Assistant City Attorney or an outside attorney retained by the City
Council (as appropriate under the circumstances), respectively. The Committee meets as needed to
review all activity related to the hotline. The objectives of the Committee are to review all incident
reports, determine whether an incident report should be investigated, assign incident reports to the
appropriate department unit, or external investigator for investigation, ensure that incident reports
that are assigned for investigation are adequately investigated, and address any trends in activity or
weaknesses in City policies that require corrective action to be taken. Duplicate reports or reports that
do not suggest fraud, waste, or abuse may be closed without further investigation.
4. Case Management
The vendor’s online case management system allows for all hotline reports to be recorded, updated and
tracked in one centralized system to ensure that all reports are addressed appropriately and that the
outcomes are consistent. All incident reports are maintained in the secured case management system.
The specified department case manager should periodically update the Office of the City Auditor
regarding the status of the investigation. The Office of the City Auditor administers the case management
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CITY OF PALO ALTO
Fraud, Waste, and Abuse Administration Policy
system, and updates it to reflect the investigation status and outcomes. User access is limited to the
Hotline Review Committee members and the hotline administrator in the Office of the City Auditor. If an
incident report involves any of the Committee members, s/he will not have access to such incident
report.
5. Case Dissemination
Within 24 hours after entering a call as an incident report and logging it into the case management
system, the vendor sends the report electronically to the appropriate contacts at the Office of the City
Auditor for preliminary review. The Office of the City Auditor will triage the report to determine if
immediate action may be necessary. If immediate action appears necessary, the Office of the City
Auditor will contact the Hotline Review Committee, which will decide whether to initiate an
investigation. Incident reports requiring immediate action include those involving possible fraud, waste,
or abuse by City executives, or other incidents based on the judgment of the Hotline Review Committee.
All other cases will be referred to the Hotline Review Committee to review. These reviews should occur
within five business days.
If an incident report involves one or more members of the Hotline Review Committee, those individuals
shall be excluded from any decisions or activities related to the review and/or investigation of that
incident report. If this occurs, an Assistant City Manager or the Principal Attorneythe Director of Human
Resources or either the Chief Assistant City Attorney or an outside attorney retained by the City Council
(as appropriate under the circumstances) will act as the third alternative member of the Hotline Review
Committee to ensure there is appropriate oversight of the review and investigation of the incident
report.
Because the members of the Hotline Review Committee are appointed by the City Council, the hotline
will not accept incidents involving members of the City Council. Employees reporting these types of
complaints will be referred to the California Fair Political Practices Commission (by filing a complaint via
Electronic Complaint System available in their web site at https://www.fppc.ca.gov/enforcement/file-a-
complaint.html), the District Attorney’s Office, or other appropriate outside agency, depending upon
the nature of the complaint.
The Hotline Review Committee will determine the best approach for investigating an incident report and
an appropriate timeline for completing the investigation. When the Hotline Review Committee
determines that an incident report should be forwarded to a department for investigation, it will be
forwarded to the department director, who may investigate it himself or herself, or assign it to another
person in the department for investigation. Hotline complaints that allege criminal activity will be
forwarded to the Palo Alto Police Department for consideration for investigation in consultation with the
Hotline Review Committee. Investigations should include techniques appropriate for the alleged fraud,
waste, or abuse, such as interviews with witnesses, technical experts, and the subjects of the
investigation; and examination of documents such as files, e- mails, contracts, vouchers, payroll records,
and reports.
The director is responsible for keeping the Hotline Review Committee updated regarding the status of
the investigation. When the investigation is completed, the director will forward a copy of the
completed report to the Hotline Review Committee, which will review the report to determine that the
investigative steps were appropriate and that the recommended outcome is sufficiently supported and
formally close the incident report. The Hotline Review Committee may decline to investigate complaints
that do not fall within the definition of fraud, waste, or abuse, but may refer them to a department for
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Fraud, Waste, and Abuse Administration Policy
other follow up.
As the hotline administrator, the Office of the City Auditor will be responsible for:
Disseminating incident reports to the appropriate department or external investigator for
investigation, as determined by the Hotline Review Committee, and providing the timeline for
completing the investigation.
Monitoring the status of all incident reports referred to other departments, units, or an
external investigator for investigation and their outcomes.
Conducting an independent investigation of reported incidents when appropriate.
Monitoring the timeliness of department responses based on timeframes established by the
Hotline Review Committee.
Closing incident reports in the case management system after the Hotline Review Committee’s
final review.
6. Coordination With Human Resources
The Hotline Review Committee will coordinate with the Human Resources Department to identify the
types of issues that are more appropriately categorized as “personnel” issues and should be referred to
the Human Resources Department for resolution rather than investigated through the hotline process.
7. Escalation
An incident is designated for escalation if there is an imminent or significant threat of actual harm to
employees, customers, or operations. When a report is designated for escalation by the vendor, they
shall immediately call the appropriate designated contact(s) provided by the City. Escalation contacts
include the members of the Hotline Review Committee and their designees.
8. Reporting
The case management system allows for customized reporting of incidents reported to the hotline. The
Office of the City Auditor will provide a summary report of complaints received by the hotline to the City
Council in the Office of the City Auditor’s quarterly reports. The summaries will generally include:
• The number of reports made to the hotline and their status (i.e., open or closed).
• The general types of complaints received.
• Any trends in the types of complaints received.
• A general description of corrective action taken by City management as a result
of a complaint received.
9. Discipline
If an investigation concludes that fraud, waste, or abuse occurred, the City Manager, or designee, shall
take appropriate corrective action to resolve the issue and prevent recurrence. Corrective action could
include, for example, disciplinary action, training, new or revised procedures, reorganization or
reassignments, referrals to outside agencies (such as the District Attorney, Fair Political Practices
Commission, or other enforcement agency), or amendment or termination of contracts.
10. Prohibition Against Retaliation
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CITY OF PALO ALTO
Fraud, Waste, and Abuse Administration Policy
No department or employee shall take any adverse action or retaliate against any employee for making
a report to the hotline (except as provided in “Filing of Malicious Complaints,” below). Additionally, no
reprisal shall be taken against any employee who participates in any manner in the investigation and
disposition of a hotline incident report.
This Prohibition Against Retaliation is a statement of City policy. It is not intended to and shall not
create a private right of action enforceable in state or federal court on behalf of any person, against the
City or any employee, for equitable relief or damages.
11. Terms and Definitions
Under California law, the term "fraud, waste, or abuse" means any activity by a local agency or
employee that is undertaken in the performance of the employee's official duties, including activities
deemed to be outside the scope of his or her employment, that:
Is in violation of any local, state, or federal law or regulation relating to:
o Corruption
o Malfeasance
o Bribery
o Theft of government property
o Fraudulent claims
o Fraud
o Coercion
o Conversion
o Malicious prosecution
o Misuse of government property
o Willful omission to perform duty
Is economically wasteful
Involves gross misconduct
12. Security of Incident Reports and Associated Reports, Working Papers, and
Other Related Documents
Incident reports, associated reports, working papers, and other documents referring to or
describing incident reports, which are received either through the hotline, by mail, or e-mail shall
remain confidential to the extent allowed by law.
Incident reports and associated case numbers shall only be provided to individuals who are
responsible and essential for conducting the investigation or reviewing of the incident report.
These individuals are required to hold such information in confidence, to the extent allowed by
law.
The confidentiality of all incident reports, associated reports, working papers, and other
documents shall be maintained at all times by the City Auditor and investigating/reviewing
departments, who shall take such measures as they determine are reasonable and necessary to
maintain the confidentiality of such information and documents, to the extent allowed by law.
City Staff responsible for reviewing/investigating incident reports can make investigative
disclosures of information contained in an incident report to the extent necessary for obtaining
additional information relevant to the investigation.
The Hotline Review Committee is authorized to determine the distribution or release of any
incident reports, associated reports, working papers, other documents and correspondence
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Fraud, Waste, and Abuse Administration Policy
associated thereto, in accordance with the California Public Records Act and other applicable law.
The City Council may, at their discretion, authorize the release of information relative to
substantiated incident reports.
13. Custody of Investigation Documents
The City Auditor shall maintain custody of incident reports, associated reports, working papers, emails,
and all other pertinent information regarding any investigations of incident reports. Other parties
involved in the investigation shall also retain their own documentation. All such documents shall be
retained and or disposed of in accordance with applicable document retention policies of the City.
14. Public Requests for Information Regarding All Incident Reports
All requests for information concerning any incident report shall be directed to the City Auditor for a
response. The City Auditor, with the guidance of the Hotline Review Committee, shall respond to such
requests as permissible and in accordance with applicable state law and City policy, rules and
regulations.
Departments shall notify the City Auditor of any Public Records Act or other requests for information or
documents regarding incident reports received through the City Auditor or the hotline.
15. Filing of Malicious Complaints
The City will not tolerate malicious complaints. The processing of a complaint/concern requires staff
time and attention regardless of its appropriateness. Complaints/concerns will not be considered
malicious merely because they are determined to be unsubstantiated. A malicious complaint/concern is
one that is made in bad faith or with knowledge that the complaint entirely lacks any factual basis.
Malicious complaints may result in disciplinary action in accordance with applicable City policies and
procedures, up to and including termination from employment.
16. Advertising the Hotline
The Office of the City Auditor will periodically communicate to City staff information regarding the
hotline. The communication may be in the form of printed materials, including posters, flyers, and/or
wallet cards, or via a citywide email to employees. The Office of the City Auditor should educate
employees regarding the types of issues that are appropriate for the hotline and those that should be
addressed in another manner, such as through the Human Resources Department.
Policy & Services Committee
Staff Report
From: Chantal Gaines, Deputy City Manager
Meeting Date: October 10, 2023
Report #: 2309-2056
TITLE
Referral: Discussion and Possible Recommendation Regarding Friendship Cities
BACKGROUND AND ANALYSIS
On June 19, 2023, the City Council received and discussed a Colleagues’ Memo (Attachment A)
related to the idea of Friendship Cities. The Colleagues’ Memo recommendation was for the
City Council to be able to extend the authority to enter into Friendship City relationships with
new communities around the world. Friendship Cities are defined by Sister Cities International,
the governing body of Palo Alto’s Sister Cities, as the following (also included in the Colleagues‘
Memo):
The terms “sister city” and “friendship city” sometimes have different meanings.
Generally speaking, friendship cities are less formal than sister cities. In some cities,
“friendship city” is often used as a first stage in the relationship, and after it is
strengthened, and the partners are sure they want a long-term relationship they will
become “sister cities.”
At the June 19 City Council meeting, the City Council voted to refer the Colleagues Memo for
Approval of a “Friendship City” Program to Policy and Services Committee for further discussion
and to review the staffing impacts of this program. The Colleagues’ Memo contained the
anticipated Fiscal and Resource Impact and that information is copied below for convenience to
be included as part of the Policy and Services Committee discussion.
Also, for the Committee’s discussion when thinking about the resource impacts were the
program to be recommended to move forward, the Committee could consider defining some of
the following:
1. Should the City identify a set number as the total number of friendship cities?
2. Would this be a pilot program with no more than 2 or 3 cities with an evaluation after a
year or two?
3. What number of events or visits will the City allow related to each individual friendship
city? This note is in relation to total amount of time to spend on each friendship city
especially in comparison to existing Sister and Sibling City relationships.
4. How can the City limit the friendship cities to just that without each one becoming a
new Sister City?
5. Can a friendship city formal agreement last for a set number of years (1-2, for example),
and then conclude as a formal relationship? This allows for more opportunities to
connect broadly.
FISCAL/RESOURCE IMPACT (mostly the same information from the June 19 Colleagues’ Memo)
The fiscal and resource impact for this proposal can vary widely, and as such staff believes it
should not be considered insignificant nor fully defined at this time. Anticipated activities or
resources likely needed include the following:
Staff resources to coordinate requests for new Friendship Cities. Staff resources to
coordinate details for formal agreement signings and celebrations.
Staff coordination and participation by applicable staff (City Manager’s Office, City
Clerk’s Office, and various departments with topic expertise) in relationship building, as
well as development and production of discussion topics before, during, and after
delegation visits.
Communications efforts to coordinate with Friendship Cities and Neighbors Abroad
representatives to publicize events and other milestones.
Staff resources to coordinate Councilmember-related efforts for the Friendship City,
including developing any formal letters, commendations, or gifts needed related to the
Friendship City and associated logistics.
Providing financial and staff support for City financial resources provided to Neighbors
Abroad for reception hosting for visiting delegations.
The actual amount of time needed for the items above varies. Without dedicated staffing and
budget allocation for international relations work, these items are spread among existing staff.
Depending on the amount of time needed for these activities, existing staff must redirect time
away from other council priorities and assignments to accomplish these tasks. This includes the
staff and City Council time that may be needed to develop this program.
As noted above, Friendship City relationships are a first stage in connecting two cities together.
For the City of Palo Alto, most of the existing eight (8) Sister City and one (1) Sibling City
relationships started off as something informal either between Palo Alto neighbors and
colleagues in an international city, or as an early agreement to test a relationship before
formalizing. Without clarity as to what Friendship Cities should expect from Palo Alto over time,
and the anticipated guidance for expansion of Palo Alto’s program, the City should logically
expect situations where the Friendship Cities seek to become more formally connected to Palo
Alto as additional Sister Cities with the associated resource expectations.
Should the Council wish to proceed with growth in international relations activities reflected in
the establishment of this new program, staff recommends that the parameters guiding the
City’s involvement be set forth in writing through the Council’s Procedures and Protocols
Handbook. It would also be prudent to establish appropriate monitoring of international
relations activities through a budget line item for this purpose.
It should further be noted that the City of Palo Alto receives many inquiries and requests to
establish relationships with cities around the world. As such, while Palo Alto may intend only a
modest time and other resource allocation to these relationships, these communities often
place a high priority to the relationship, and this is reflected in the level of effort, attention, and
expense invested into the relationship. This dynamic creates situations where reciprocation is
expected and difficult to avoid.
Given the variety of issues noted above, staff recommends that the Committee and Council
proceed carefully and incrementally into this area. Limiting the number and evaluating the
success of a Friendship Cities program against its goals would enable the City to pursue this
interest without overcommitting resources and expectations.
ATTACHMENTS
Attachment A: Friendship Cities Colleagues’ Memo – June 2023
CITY COUNCIL
Colleague’s Memo
Sponsor(s): Council Member Burt, Mayor Kou, and Vice Mayor
Stone
Subject: Authority to Form Friendship Cities
Meeting Date: June 19, 2023
Report #: 2306-1672
TITLE
Colleagues Memo: Approval of a “Friendship City” Program
BACKGROUND AND DISCUSSION:
Palo Alto has long benefited from its Sister City and Sibling City relationships through
sustainability, economic development, innovation practices, student exchanges, academia, and
cultural relationships. International engagement with Palo Alto is frequent at multiple levels
including government, business, community, and education. When a local government has
sought to formalize an interchange, the approach has been through a formal Sister City
agreement, and more recently a domestic Sibling City agreement.
City Staff and Council Members periodically receive invitations to develop relationships from
cities. However, these relationships have not been pursued because Council action, staff and
Neighbors Abroad support and resources would be required.
In addition to sister-city relationships, some U.S. cities have developed a “Friendship City”
program including Menlo Park, Redwood City, Cupertino, San Antonio TX, and Portsmouth NH.
This is a more modest engagement between cities that does not require significant
commitments by the city or local non-profit. This model is recognized also by Sister Cities
International, the governing body of Palo Alto’s Sister Cities:
The terms “sister city” and “friendship city” sometimes have different meanings.
Generally speaking, friendship cities are less formal than sister cities. In some cities,
“friendship city” is often used as a first stage in the relationship, and after it is
strengthened, and the partners are sure they want a long-term relationship they will
become “sister cities.”
Palo Alto’s international engagement is supported by Neighbors Abroad, Inc. Neighbors Abroad
is a 501(c)(3) organization that, with annual funding from the City of Palo Alto together with
donations from the community, supports international engagement. Their Board has endorsed
the development of Friendship City agreements within the following parameters:
Item AA1
Item AA1 Colleagues
Memo
Item AA1: Staff Report Pg. 1 Packet Pg. 908 of 911
“To develop a revenue neutral relationship for a fixed term called a Friendship City, led
by a community member who will take responsibility for the relationship and become a
board member of Neighbors Abroad.”
After discussions with Neighbors Abroad, as well as reviewing Friendship City programs
nationally, the following framework is proposed for a Friendship City agreement with Palo Alto:
- A local volunteer that would commit across the term of the Friendship City;
- A statement document that sets a description of the prospective Friendship City,
expected activities with the Friendship City, and a rationale for formation which
comports with Neighbors Abroad’s policy for Friendship Cities;
- Endorsement by the President of Neighbors Abroad;
- Acceptance by the City Council member serving as liaison to Neighbors Abroad; and
- Endorsement by the Mayor and Vice-Mayor, and Council approval of the Agreement
after placement on the Consent Calendar.
Different from a Sister City relationship, a Friendship City Agreement would be limited to three
years, subject to Council renewal. The Agreement allows for a test of time, and if the
relationship waivers, the agreement would not be renewed. A draft agreement is attached.
RECOMMENDATION
The City Council is requested to extend the authority to enter into Friendship City relationships
subject to the conditions in this Colleagues’ Memo. Upon execution of any Friendship City
Agreement, the Agreement shall be provided to Neighbors Abroad to support implementation.
FISCAL/RESOURCE IMPACT
The fiscal and resource impact for this proposal can vary widely, and as such staff believes it
should not be considered insignificant nor fully defined at this time. Anticipated activities or
resources likely needed include the following:
- Staff resources to coordinate requests for new Friendship Cities. Staff resources to
coordinate details for formal agreement signings and celebrations.
- Staff coordination and participation by applicable staff (City Manager’s Office, City
Clerk’s Office, and various departments with topic expertise) in relationship building, as
well as development and production of discussion topics before, during, and after
delegation visits.
- Communications efforts to coordinate with Friendship Cities and Neighbors Abroad
representatives to publicize events and other milestones.
- Staff resources to coordinate Councilmember-related efforts for the Friendship City,
including developing any formal letters, commendations, or gifts needed related to the
Friendship City and associated logistics.
- Providing financial and staff support for City financial resources provided to Neighbors
Abroad for reception hosting for visiting delegations.
Item AA1
Item AA1 Colleagues
Memo
Item AA1: Staff Report Pg. 2 Packet Pg. 909 of 911
The actual amount of time needed for the items above varies. Without dedicated staffing and
budget allocation for international relations work, these items are spread among existing staff.
Depending on the amount of time needed for these activities, existing staff must redirect time
away from other council priorities and assignments to accomplish these tasks. This includes the
staff and City Council time that may be needed to develop this program.
As noted above, Friendship City relationships are a first stage in connecting two cities together.
For the City of Palo Alto, most of the existing eight (8) Sister City and one (1) Sibling City
relationships started off as something informal either between Palo Alto neighbors and
colleagues in an international city, or as an early agreement to test a relationship before
formalizing. Without clarity as to what Friendship Cities should expect from Palo Alto over time,
and the anticipated guidance for expansion of Palo Alto’s program, the City should logically
expect situations where the Friendship Cities seek to become more formally connected to Palo
Alto as additional Sister Cities with the associated resource expectations.
Should the Council wish to proceed with growth in international relations activities reflected in
the establishment of this new program, staff recommends that the parameters guiding the
City’s involvement be set forth in writing through the Council’s Procedures and Protocols
Handbook. It would also be prudent to establish appropriate monitoring of international
relations activities through a budget line item for this purpose.
It should further be noted that the City of Palo Alto receives many inquiries and requests to
establish relationships with cities around the world. As such, while Palo Alto may intend only a
modest time and other resource allocation to these relationships, these communities often
place a high priority to the relationship, and this is reflected in the level of effort, attention, and
expense invested into the relationship. This dynamic creates situations where reciprocation is
expected and difficult to avoid.
ATTACHMENTS
Attachment A: Draft Agreement for the Establishment of a Friendship City
Item AA1
Item AA1 Colleagues
Memo
Item AA1: Staff Report Pg. 3 Packet Pg. 910 of 911
ATTACHMENT
AN AGREEMENT FOR THE ESTABLISHMENT OF
A FRIENDSHIP CITY RELATIONSHIP BETWEEN
[CITY NAME (COUNTRY)]
AND
PALO ALTO, CALIFORNIA (USA)
In accordance with authorization from the City Council of Palo Alto and the approval of the
Mayor of Palo Alto, California, and the [City Country], it is declared that a “Friendship City
Agreement” between the two cities is established for the following purposes:
(1) To promote and expand the mutually beneficial cooperation between the people of Palo
Alto and [City]
(2) To promote (more specific elements)
This Friendship City Agreement is effective when this document has been approved by the Palo
Alto City Council and duly executed by the Mayor of Palo Alto, and executed by the Mayor of
[xxx], and shall remain in effect for three years from the effective date. The Agreement may be
extended upon mutual agreement of the cities, approved in the same manner as the initial
Agreement.
______________
[name]
Mayor, City of Palo Alto
California, USA
_______________
[name}
Mayor, [City]
State, Country
Dated. ##
Item AA1
Attachment A - Draft
Agreement for the
Establishment of a
Friendship City
Item AA1: Staff Report Pg. 4 Packet Pg. 911 of 911
Policy & Services Committee
Staff Report
From: Chantal Gaines, Deputy City Manager
Meeting Date: October 10, 2023
Report #: 2309-2055
TITLE
City Council Referral to Discuss and Recommend City Council Procedures and Protocols on:
Censure and International Travel Sections (Follow Up Discussion)
RECOMMENDATION
Staff recommends that the Policy and Services Committee discuss the referral from
the City Council related to Censure Policy and International Travel Policy make a
recommendation to the City Council for inclusion in the City Council Procedures and
Protocols Handbook.
BACKGROUND
The City Council discussed the City Council Procedures and Protocols Handbook on January 30
and March 20, 2023 and adopted the most recent version on April 24, 2023. The City Council
referred a few discussion topics to the Policy and Services Committee during these discussions.
The Committee has made progress on these referrals and the progress is included in
parentheses next to the referrals listed below:
1. Procedures Section 1.1: Annual Organization of City Council (P&S discussed on May 9,
2023 and requested staff to bring this to City Council in the 4th quarter for City Council
to evaluate whether a ballot measure should be placed before the voters).
2. Procedures Section 5.1a(4): Video Participation for Public Comment. Staff noted that
this would be studied and, if found feasible, it would just be implemented instead of it
being a discussion at Committee. This exploration language was included in the April
24th Adopted Handbook in this section. Staff has begun exploring feasibility.
3. Procedures Section 8.2: Censure language was referred to committee for review
(discussion on August 8, 2023; item requested to return to committee; draft language
included in this October 2023 report).
4. Protocols Section 2.2: Refrain from Lobbying Board and Commission Members. (P&S
discussed this with Board/Commission Chairs on June 13, 2023 and recommended
language for Council consideration).
5. Protocols Section 2.8: The Role of Council Liaison to Boards or Commissions. (P&S
discussed this with Board/Commission Chairs on June 13, 2023 and recommended
language for Council consideration).
6. Protocols Section 4: International Travel (Committee discussed on April 26, 2023; draft
language included in this October 2023 report).
7. Protocols Section 4.1: Miscellaneous Expenditures. Council referral for the committee to
discuss the establishment of appropriate parameters for Council discretionary
expenditures and whether to allocate $2,000 annually from the Council contingency
fund for each Council member to decide its purpose. (this referral will come to
Committee in November).
These topics have been scheduled to Committee throughout the year to balance workload. The
topics highlighted for Committee discussion at the October 10, 2023 meeting are the Censure
Policy Draft Language and the International Travel Policy Draft language. Both topics have been
previously discussed as noted above. The actions taken by committee in the prior discussions
were as follows:
Censure: The Committee discussed the draft censure policy at the August 8 meeting and asked
the City Attorney to return with an updated policy that reflected the dialogue and also included
links to any other communities that were reviewed as example censure policies.
International Travel: The motion and action minutes from the April 26, 2023 Policy and Services
Committee on this topic are as follows:
ANALYSIS
Attached are two draft policies for review by the Committee to recommend to the full City
Council.
Censure: The updated draft Censure Policy is included as Attachment A. Other examples
referred to for this update are as follows:
1. Milpitas censure policy -
https://www.milpitas.gov/DocumentCenter/View/196/Censure-Policy-PDF?bidId=
2. Oakland censure policy 2023 (begins on p. 24) -
https://www.oaklandcityattorney.org/wp-content/city-council/89588%20CMS.pdf
3. San Jose censure policy -
https://www.sanjoseca.gov/home/showpublisheddocument/12907/636670004976970
000
4. Santa Clara censure policy -
https://www.santaclaraca.gov/home/showpublisheddocument/57775/6366207653881
00000
International Travel:
The updated international and domestic travel policy related to Sister Cities, Sibling City, and
other travel abroad is included as Attachment B.
FISCAL/RESOURCE IMPACT
The international travel policy could have a budget impact of up to $40,000 if that remains as
part of the recommendation to the full City Council. This amount would be included as a budget
item for the FY 2025 budget if approved by the full City Council.
In the FY 2024 Adopted Budget, the City Council included a City Council Travel, Meetings, In-
person Conferences, and Events budget of $35,000. The Adopted Budget also includes the City
Council Contingency at an annual appropriation of $125,000. As currently discussed by the
Policy and Services Committee, the proposed $40,000 would be in addition to these existing
allocations in future fiscal years. However, the Committee could also update the
recommendation to be budget neutral with a realignment of these appropriated funds in FY
2025.
ATTACHMENTS
Attachment A: Updated Censure Policy Draft
Attachment B: Updated International Travel Policy Draft
Draft: City Council Protocols and Procedures Handbook Section 8.2 Enforcement
Draft Language for Review:
City Council Procedures and Protocols Handbook
New Section 8.3 Procedures for Enforcement
SECTION 8 - PROCEDURES AND PROTOCOLS REVIEW AND ENFORCEMENT
8.1. Commit to Annual Review and Update of the Handbook of Important Procedural Issues
Once each legislative year, the Policy and Services Committee shall initiate a review and update of the
Procedures and Protocols Handbook, and may make recommendations to Council. Council will review
the Procedures and Protocols Handbook and the recommendations of Policy and Services and approve
updates as appropriate.
The Council will not politicize these procedural issues.
8.2. Commitment to Follow the Procedures and Protocols Handbook
Councilmembers have the primary responsibility to assure that these procedures and 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 Council for Councilmembers,
the procedures and protocols are intended to be self-enforcing. They are most effective when members
are thoroughly familiar with them and embrace their provisions. For this reason, Councilmembers
entering office shall sign a statement affirming they have read and understood the Council procedures
and protocols. In addition, the protocols shall be annually reviewed by the Policy and Services
Committee and updated as necessary.
8.3 Procedures for Enforcement
When a concern arises regarding another Councilmember’s conduct, the concerned Councilmember or
members are encouraged, where possible, to raise and attempt to resolve the concern at the lowest
possible level, such as through one-on-one direct conversations (consistent with the Brown Act) or
through the Mayor.
Under circumstances where Councilmembers believe that actions by another Councilmember are
inconsistent with this Handbook and require formal review and potentially action, a public discussion
and potential disciplinary action are available steps for review and enforcement. The following
enforcement procedures are intended for serious or ongoing concerns that are not amenable to
resolution through informal means.
(a) Purpose. This policy provides the mechanism by which the City Council may adopt a
resolution of censure or take other disciplinary action expressing the Council's
disapproval of the conduct of a Council member if the Council finds, subject to the
procedures set forth herein, that a Council member's conduct violates federal, state or
local law, this Handbook, or any other document adopted by the Council.
Draft: City Council Protocols and Procedures Handbook Section 8.2 Enforcement
(b) Definitions. This section refers to the following types of disciplinary actions:
(1) Admonition. An admonition is a warning or reminder. Council may direct an
admonition to any or all members of the City Council, reminding them that a
particular type of behavior is in violation of law or City policy, and that if it occurs
or recurs, could make a member subject to a reprimand or censure. An
admonition may be issued by the City Council prior to a formal investigation or
any findings of fact regarding allegations. An admonition does not necessarily
require an investigation or separate hearings to determine whether an allegation
is true. In general, however, Council will provide its members with an
opportunity to respond to before taking any action, including issuing an
admonition.
(2) Informal Reprimand and Direction to Correct. An informal reprimand is a
reprimand directed to a Councilmember or members based on a particular
action or set of actions that the Council determines violates law or City policy but
is considered to be not sufficiently serious to require formal censure. The Council
may include direction to the subject Councilmember or members to correct the
result of the particular behavior that violated law or City policy.
(3) Resolution of Censure. Censure is a formal statement of disapproval expressed
through a resolution. Censure is the strongest sanction available to Council, and
is typically reserved for serious or recurring conduct, such as conduct that has
substantially disrupted Council’s work, brought approbation on the City, or
damaged public trust in City government. A resolution of censure may include
the imposition of sanctions against the Councilm ember, as allowed by law. Such
sanctions may include removal from a committee or restrictions on City-related
travel privileges.
(c) Procedures. The following procedures are intended to guide Council to reach accurate and
appropriate conclusions in an expeditious manner, while providing fairness and transparency
for all Councilmembers and the public. Council will endeavor to adhere to these procedures,
except where extraordinary circumstances require alternative steps be taken. In all cases, an
opportunity to be heard will be afforded to any Councilmember who may be subject to
discipline.
(4)(1) Should two or more Councilmembers believe that actions by a Councilmember are
inconsistent with federal, state or local law, this Handbook, or any other document
adopted by the Council, those Councilmembers may use a Colleagues Memo to
schedule public discussion of the matter at an upcoming City Council meeting. A
Colleagues Memo may initiate a discussion of Councilmember conduct and Council
expectations, may propose that Council protocols be clarified or a new protocol be
included in this Handbook, or may propose initiation of disciplinary action. Proposed
disciplinary actions may include admonition, informal reprimand, direction to correct,
or censure.
Draft: City Council Protocols and Procedures Handbook Section 8.2 Enforcement
(5)(2) If a Colleagues Memo proposes censure or other discipline of a Councilmember, the
Memo must contain the specific charges on which the proposed discipline is based.
Completed Council Colleagues Memos shall be provided to the City Clerk’s staff by
noon on the Thursday 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 Clerk will deliver provide a copy of the Colleagues Memo to
the Councilmember who is the subject of the memo no later than the Thursday 11
days prior to the meeting at which the memo is agendized.
(6)(3) The Councilmember who is the subject of the proposed disciplinary action may
address the matter in writing or at the Council meeting or both. If the
Councilmember submits written materials, those must be published in a
supplemental packet, no later than 72 hours before the meeting.
(7)(4) During the Council meeting at which the Colleagues Memo is agendized, the Council
will decide, by majority vote, whether:
(i) A formal disciplinary hearing should be agendized for a future
City Council meeting;
(ii) Further investigation of the allegations is required;
(iii) Further investigation is not warranted and an admonition should
be issued;
(iv) Council’s procedures and protocols should be clarified or a new
procedure or protocol should be introduced; or
(v) No further action is necessary.
(8)(5) If the Council determines that further investigation is required, the Mayor (or the
Vice Mayor if the Mayor is the subject of the proposed disciplinary action) may
designate an ad hoc committee to conduct the investigation. The Council or the ad
hoc committee may select an independent investigator to assist in conducting the
investigation. The independent investigator would be managed by the ad hoc
committee or other individual official designated by Council to conduct the
investigation. The Committee ad hoc committee shall conduct anreview the findings
of the investigation and arrive at a recommendation regarding the request and
report its conclusions, findings and a summary of its proceedings to the Council at its
earliest opportunity. to Council. The ad hoc committee should proceed as promptly
as reasonably possible.
(9)(6) Upon receipt of the report of the ad hoc committee, the City Clerk shall place the
matter on the Council's next agenda in order for the Council to receive the
committee report and determine whether a censure hearing is
warrantedappropriate next steps. If the Council decides to set the matter for
censure hearing, it shall schedule the hearing as soon as possible but no sooner
than three weeks after its determination to hear the matter. Council shall give
due consideration to requests from the subject Councilmember for additional
time to prepare. The Council shall not schedule the matter during any previously
Draft: City Council Protocols and Procedures Handbook Section 8.2 Enforcement
scheduled excused absence of the subject Councilmember.
(10)(7) The Mayor (or the Vice Mayor if the Mayor is the subject of the proposed disciplinary
action) will designate a Councilmember responsible for preparing and submitting to
the City Clerk a censure resolution and supporting materials. Final materials shall be
submitted to the Clerk by noon on the Thursday 11 days prior to the Council meeting
that the hearing is intended to be agendized, to provide time for the City Clerk to
process the materials for the Council packet. The Councilmember assigned to
prepare the materials will submit the draft resolution and supporting materials to
the City Attorney’s Office no later than the Thursday 18 days before the hearing, to
give the City Attorney’s Office adequate time to review the materials before
publication. The City Clerk shall deliver written notice of the hearing , along with
the report, proposed resolution, and supporting materials, to the
Councilmember subject to the censure by close of business on the Thursday 11
days prior to the Council meeting for which the hearing is agendized.
(11)(8) The Councilmember who is the subject of the proposed disciplinary action may
address the matter in writing or at the hearing or both. If the Councilmember
submits written materials, those must be submitted in time to be published in a
supplemental packet no later than 72 hours before the hearing.
(12)(9) At the disciplinary hearing, the Councilmember who is the subject of the request
for disciplinary action shall have the opportunity to rebut the allegations in the
censure resolution and to question any known accusers if they agree to be
questioned. The member subject to the charges may be represented and may have
the representative speak or ask questions on their behalf. The questioning or cross-
questioning of witness may be reasonably limited by the Mayor (or Vice Mayor if
the Mayor is the subject of the proposed disciplinary action). Testimony shall be
taken only from witnesses having direct knowledge of facts or circumstances
relevant to the specific charges under consideration. However, the rules of
evidence and judicial procedure applicable in courts of law shall not be apply to
this hearing, and the procedures shall be generally informal.
(b)(d) Disciplinary Action. If, at the close of the hearing, a majority of the City Council finds by a
two-thirds vote that the subject member's conduct violates federal, state or local law,
this Handbook, or any other document adopted by the Council , the Council may take one
or more of the following actions:
(1) Issue an Admonition. An admonition may be directed to any or all members of
the City Council, reminding them that a particular type of behavior is in violation
of law or City policy.
(2) Issue an Informal Reprimand with possible Direction to Correct. An informal
reprimand may be issued to a Councilmember or members based on a particular
action or set of actions that the Council determines violates law or City policy but
is considered to be not sufficiently serious to require formal censure. The Council
may include direction to the subject Councilmember or members to correct the
result of the particular behavior that violated law or City policy.
Draft: City Council Protocols and Procedures Handbook Section 8.2 Enforcement
(2) Informal Reprimand. The reprimand should be directed to the subject member
of the City Council based on a particular action (or set of actions) that is
determined to be in violation of law or City policy, but is considered by the
Council to be not sufficiently serious to require formal censure.
(3) Adopt a Formal Resolution of Censure, with or without additional sanctions. The
City Council may, by a majority vote, adopt a resolution of censure based on
clear and convincing facts supporting the allegations of misconduct giving rise to
the censure. A resolution of censure may include the imposition of sanctions
against the Councilmember as a majority of the City Council deems appropriate,
as allowed by law. Such sanctions may include removal from a committee and
restrictions on City-related travel privileges.
Draft International Travel Policy for Protocols Section 4.3:
(Draft for Policy and Services Committee Discussion at October Committee Meeting)
For context, here is the existing language about Council member and Board/Commission travel. There is
reference to the citywide travel policy and then the paragraph below with items unique to the City Council,
Boards, and Commissions. Existing language in Protocols Section 4.3:
4.3 Council and Boards and Commission Travel Policy
Council member travel expenses and reimbursements will adhere to the Citywide Travel
Arrangements and Expense Reimbursement Policy (Administrative Policy 1-02/ASD)
This policy is set by the City Council and applies to Council members and to Board and
Commissions members. In reimbursing travel and miscellaneous expenses, a municipal purpose
requiring the expenditure of public funds must be in evidence; also, in accordance with the
Charter and Municipal Code, such expenditures must be from authorized appropriations. Council
members are limited to six (6) times per year for travel reimbursements, subject to budget
availability. Council member travel will be approved by the Mayor.
The additional language proposed based on Policy and Services Committee prior discussion on
international travel would be the following (highlighted text are the clauses previously recommended by
Policy and Services Committee in April 2023):
Travel Related to Sister Cities, Sibling City, or shared interests with another city abroad
Given the City’s relationship with many Sister Cities and a Sibling City, there may be a need to
send a Palo Alto delegation to another city abroad or within the United States related to Sister
Cities, Sibling City, or shared interests between Palo Alto and another city abroad. The following
will apply when a Council member travels abroad or domestically on behalf of the City as part of
Sister City, Sibling City, or shared interests efforts. Note, such a trip would count towards the six
(6) total tips cap described above.
The proposed travel must include an approved Pre-Travel Authorization Request for travel that
explains how the travel will advance the City's interests or policy/Council objectives and a
consideration of cost/value relationship of the trip. The request should also explain why virtual
attendance is not effective in that circumstance. The Council will be reasonable for ensuring that
visits to any one city will be reasonably spaced apart. The Pre-Travel Authorization Request will
be approved by the Mayor. If the Mayor is the requested traveler, the request will be approved
by _______________.
Funding
Annually, the total amount the City Council will budget for international and domestic travel
related to Sister Cities, Sibling City, or shared interests between Palo Alto and another city abroad
will be capped at $40,000. This funding will be distributed equitably amongst Council Members
who meet the guidelines above and express an interest to travel.