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HomeMy WebLinkAboutAgenda Packet - December 18, 2006 -CC I�Of, 4%.7 # 64‘ r_ - ..4047.0 * ; 'AZUSA, AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: SONIA CARVALHO, CITY ATTORNEY DATE: DECEMBER 18, 2006 SUBJECT: REPORT TO COUNCIL — COMPLIANCE WITH ASSEMBLY BILL 1234 ("AB 1234") RECOMMENDATION: It is recommended that the City Council: 1) Direct staff to receive and file the City Attorney's report on AB 1234 compliance. 2) Direct staff to make corrections to City Commission agendas and minutes to comply with the Ralph M. Brown Act and address the concern about accessibility to Human Relations Commission documentation. 3) Direct the City Manager to issue a memorandum to staff reminding staff of the ethics laws prohibiting the improper use of city time or resources for personal or non-city purposes. 4) Adopt the proposed travel and reimbursement policy pursuant to the requirements of AB 1234. 5) Schedule a date to agendize the proposed ordinance regarding payment of special rewards. EXECUTIVE SUMMARY: The City Attorney has prepared the attached report as a review of the City's compliance with the requirements of AB 1234, which became effective on January 1, 2006 and adds new guidelines for local agencies regarding compensation, expense, reimbursement and ethics training. FISCAL IMPACT: None. ENVIRONMENTAL IMPACT: None. Attachment: Report — "Assembly Bill 1234: Compliance Recommendations" or =AZUSA! CITY OF AZUSA ASSEMBLY BILL 1234: COMPLIANCE RECOMMENDATIONS Updated 6/17/2014 December 18, 2006 Updated 6/17/2014 TABLE OF CONTENTS 1. Executive Summary 2. Analysis of Compliance with Ethics Training and the Existing Travel and Reimbursement Policy 3. Public Expenditures for Elected Officials Appropriate Use of Staff and Resources Draft Ordinance Regarding Payment of Special Rewards 4. Compliance with the Ralph M. Brown Act Audit of City Commissions and Compliance with the Brown Act Updated 6/17/2014 v zus December 18, 2006 Honorable Mayor and City Councilmembers: On January 1, 2006, AB1234 became effective. It requires, among other things, ethics training for public officials and the adoption of reimbursement policies that comply with the new law. Following the City's official Ethics Training session to which all the City's affected public officials were invited and encouraged to attend the City Attorney began receiving numerous phone calls from people with questions and concerns. The City Attorney discussed many of the issues that were raised in the phone calls with the City Manager and they agreed that in the spirit of AB1234 the City Attorney should conduct an overall review of the ethics laws identified by AB1234 and the City's compliance with the laws. The following report is the culmination of many hours of review of public documents, conversations with staff and review of the ethics laws. The report is intended to give the City Council a review of current practices that comply with the law and suggestions for future compliance. The report reviews the two major requirements of AB1234 and the City's compliance and identifies several of the ethics laws and the City's compliance with those laws. The review and analysis demonstrated that overall the City of Azusa has solid practices and 1 Updated 6/17/2014 knowledgeable staff that both recognize and enforce the legal requirements. There are some practices that can be improved and better communication is recommended in those areas. The City Attorney recommends that the City Council review and file this report and take action to approve the recommendations for future compliance. Respectfully Submitted, Sonia R. Carvalho City Attorney 2 Updated 6/17/2014 Analysis of City's Compliance with Ethics Training and the Current Travel and Reimbursement Policy Compliance with Ethics Training As required by AB1234, the City offered ethics training to the affected public officials. In addition to the training offered at the City, alternative dates and times where training was available at nearby cities was provided to the public officials. The City Clerk has copies of certificates for all those officials who have complied with the training requirements. Training must be completed prior to the end of the year and with around two weeks remaining before the deadline there are several officials who have not completed training. AB1234 does not contain a penalty for failing to comply with ethics training, but the compliance certificates are public documents. Given the intent of the law, the City Attorney strongly recommends that all officials complete training as legally required. For those who do not comply, the City Attorney recommends that the City Council adopt a policy to address non-compliance. 3 Updated 6/17/2014 Current Travel and Reimbursement Policy In August, the City Attorney completed a review of the current Policy and identified those areas requiring amendment in order to be in compliance with the law. The City Manager has prepared a new proposed policy attached to this report below. It is recommended that the City Council adopt the new policy. In addition to the new policy the City Attorney recommends that as of January 1, 2007, the City Council discontinue the vehicle , technology and home office allowances and replace such allowances with actual and necessary expense reimbursement in accordance with the new policy. 4 Updated 6/17/2014 c* p BUSINESS EXPENSES - POLICY AND PROCEDURE -ittF00- AZUSA I. PURPOSE To provide a uniform policy and procedure for reimbursing employees and city officials for all necessary and actual expenses incurred while on and/or conducting official business for the City of Azusa. To assure the appropriate use of City funds, provide accountability of related expenditures, ensure an efficient process for approval and proper adherence to IRS regulations. The reference to employees in this policy shall include city officials. II. POLICY Professional conferences,training sessions, meetings and other City business for City employees is vital in keeping employees up-to-date with new laws and practices, and enhance the City's ability to improve existing services and implement new services for the benefit of the community. Therefore, City employees will receive reimbursement, or have direct payments made on their behalf, of appropriate expenditures incurred while on approved and authorized City business. Travel expenditures for a family member are not eligible for reimbursement. Every City Employee/Official should reimburse the City for any additional travel costs associated with his or her spouse or other personal guests. This includes any meal costs and travel expenses. Should a member of Council or an Executive of the City believe that there is a legitimate benefit to the City for payment of travel expenses incurred by a guest of the Council member or Executive, then a separate"Accountable Expenses" form should be completed for each guest to clearly identify the costs associated with his/her travel and the possible benefit to the City, subject to an independent review and approval by the City Manager. In case of doubt as to the necessity for the incurring of any expense,the Department Head,Administrative Services Director/Chief Financial Officer or City Manager shall determine whether the expense is appropriate and may allow, deny or modify any claim or item thereof. III. PROCEDURE A. Overnight Trips 1. A Travel Advance form must be submitted to Finance no later than 14 days prior to the trip. 2. Overnight and Out-of-State trips require the prior written approval of the City Manager even when no advance of funds are being requested. B. Local Trips 1. Local travel must be completed on the same workday. Only auto and metro/train travel are authorized for these trips unless otherwise approved. 5 Updated 6/17/2014 C. Accounting for Expenses 1. Expenses must have been paid or incurred while on official City business. 2. ALL expenses,including required forms and receipts,must be accounted for within 60 days. 3. A copy of the brochure or flyer announcing the event must be submitted. 4. Expenses must be itemized and substantiated with the amount,date,place,business purpose and names of the individuals for which an expense was incurred. Original receipts for all expenses must be submitted. Failure to submit receipts may result in the denial of reimbursement and/or future advances. 5. In the event that no cash advance was issued, the employee must submit an approved "Accountable Expenses" form for local travel. 6. A"Travel and Meeting Reconciliation"form must be completed after each overnight trip or those of 50 miles or more with receipts attached verifying such trip and expenses within 8 working days after date of return. The form will list any and all costs of the trip regardless of how paid. The following is an excerpt from the IRS Travel,Entertainment and Gift Expenses Regulations: To be an accountable plan, the reimbursement or allowance arrangement must include all three of the following rules: • Your expenses must have a business connection; that is, you must have paid or incurred deductible expenses while performing services as an employee of the City. • You must adequately account to the City for these expenses within a reasonable period of time. • You must return any excess reimbursement or allowance within a reasonable period of time. The IRS considers a reasonable period of time for an employee to(a)adequately account for your expenses within 60 days after paid or incurred; and (b) return any excess reimbursement within 120 days after the expense was paid or incurred. The employer is obliged to report unreconciled expenses or unpaid reimbursements as earnings in an employee's W-2. IV. GUIDELINES A. Transportation Reimbursement of transportation expenses to a meeting or conference shall be on the basis of actual cost. Reimbursement for the portion of travel or transportation that exceeds the distance normally traveled by the employee from home to established work location will be reimbursed. 6 Updated 6/17/2014 Air Travel Reservations for air travel should be made well in advance to take advantage of available discount fares. The amount shall not be more than the standard `coach' fare. Travel to and from the airport will be reimbursed when travel is via personal vehicle or shuttle. Taxi fare is approved if it is the only practical transportation available. Parking costs at the airport will be reimbursed at `economy lot' daily rates. However, limousine/shuttle service to the airport should be used if it's more economical than the projected parking costs. Automobile Allowance A monthly auto allowance is provided to various individuals. This is intended to include all travel within a 50-mile radius of City Hall. When authorized vehicle travel falls outside this range, mileage will be reimbursed at the authorized City rate (which is determined by Finance) for the amount of mileage exceeding the 50-mile range. City Vehicles With approval from the Department Head and City Manager, an employee may be assigned a City-owned vehicle to attend business meetings or conferences. The use of City fuel is permitted,otherwise the reimbursement of actual gasoline costs will be made. Personal Vehicles An employee who does not receive an auto allowance who chooses to drive his or her personal vehicle to a meeting or conference shall be reimbursed. The employee shall be reimbursed for mileage in accordance with authorized City rates in effect at the time,as well. as for required parking costs. 7 Updated 6/17/2014 Rental Car Utilization of a rental car is permissible if the circumstances show it is the only practical means of transportation. Renting the vehicle requires the approval of the Department Head and the City Manager. Reimbursement of the rental vehicle will be at the mid-size sedan rate. Other Modes of Travel Bus,train or other method of travel will be authorized when special circumstances justify that they are more appropriate and economical. B. Lod2inJ 1. Lodging for authorized meetings or conferences that are conducted at a location, which is more than 50 miles from the employee's residence,will be paid on the basis of actual cost, including tax. If such a business conference meeting or seminar is scheduled to begin prior to 9:30 a.m., the attendee may be allowed to begin the trip one day earlier, with costs for the extra day paid by the City, upon approval of Department Head/City Manager. If such a business conference,meeting or seminar is scheduled to end after 4:00 p.m., the attendee may be allowed to end the trip one day later,with costs for the extra day paid by the City, upon approval of Department Head/City Manager. In either case, the extra night(s) need not be spent at the conference hotel or in the conference city, but the traveler must ensure that he or she is on time for and attends the entire conference, meeting or seminar. 2. The cost of accommodations shall be based on the lowest available single room rate of the conference headquarters hotel. If suitable accommodations are not available at this location or in the immediate area of the conference, the room rate must be approved by the Department Head. Whenever possible,the City's credit card should be utilized for lodging. The lodging receipt must be submitted with the Travel and Meeting Reconciliation form, whether or not the bill has been paid directly by the City or charged to a City bank card. 3. Personal charges are the responsibility of the employee, including,but not limited to, the cost of in-room service snacks, in-room movies, Internet access charges for personal/non-business use. 4. Business related phone calls are eligible for reimbursement on an actual cost basis. When possible it is encouraged to make use of City assigned cellular phones for business calls. C. Meals Reimbursement of meal expenses shall be on the basis of actual cost. Whenever possible, meals that are hosted or otherwise provided as part of the conference package should be utilized to save costs. 8 Overnight Trips Based on the authorized City rate, the standard meal allowance advancement is $65.00 per day. Should the maximum amount not be used each day,the remaining balance will be returned to the City by the employee, along with the required receipts. In the event meals are included in the registration fee, or when three meals are not required during partial days of travel, reimbursement shall be reduced for such items. If the traveler wishes to be reimbursed for meal costs higher than the per day amount,the additional amount must be approved by the Department Head. The City Manager should approve meal reimbursements in excess of$80.00 per day of Department Heads and Council members. Although reimbursements for undocumented expenses above the City authorized rate will be considered and may be made, they will be processed through the payroll system and included in the traveler's taxable income. Miscellaneous Business Meals Expenses With prior Department Head approval, reimbursement for meal expenses that may be required as an incidental part of conducting City business shall be made on the basis of actual cost, including tax and tip. A receipt is required with the request for reimbursement and must include the business purpose and names of the individuals in attendance. D. Incidental Expenses Incidentals shall be reimbursed on the basis of actual cost. 1. The term "incidental expenses" includes, but is not limited to, business telephone calls, local ground and airport transportation, and parking fees. 2. Reasonable expenses incurred for business services, including, but not limited to, Internet access,copies and fax services will be reimbursed should these functions be directly related to City business. 3. Items of a personal nature are not reimbursable, including but not limited to: alcoholic beverages, fines or traffic violations, spouse or guest accommodations, gambling expenses,room or flight upgrades,movies or other entertainment,and tips in excess of reasonable standards. Non-allowable items will be deducted before payment to the employee. 4. Employees are reminded to be reasonable and prudent and to keep incidental costs to a minimum. 5. Expenses for Business Meeting food and beverages shall be reimbursed on the basis of actual costs incurred. The IRS rules require that a record be maintained for entertainment expenses, which indicates the amount, the date, time and place, the business relationship of persons entertained and the nature of the business discussion. Receipt/s should accompany the request for reimbursement. 9 E. Memberships, Training and Subscriptions Job-related memberships,training and subscriptions are reimbursable and typically paid directly to the vendor by the City. For reimbursement of this type of expense paid directly by the employee,prior Department Head approval is required and an approved payment demand must be submitted to Finance, with proof of payment by the employee. Acceptable receipts include cancelled checks, vendor receipts or credit card receipts itemizing purchases. The City Manager reserves the right to grant exceptions subject to budget control. This policy shall apply to the entire City complement, including members of the City Council. 10 Public Expenditures Appropriate Use of Staff and Resources There are many existing laws governing the legal use of staff and resources to conduct City Business. The City's equipment, technology resources and staff time must be used solely for the benefit of the public and not for any other purpose. The City has existing policies in place to secure City equipment and the proper use of technology resources. However, with respect to technology resources it cannot currently be determined whether there are violations or whether there are proper safeguards to guarantee that technology is not being used for personal purposes. While it is not unusual in the private or public sector to permit the use of email and other technology for personal reasons during the work day, there are some prohibitions that are absolute. With the upcoming municipal elections, the City Attorney recommends that this may be a good time for the City Manager to issue a reminder that campaigning for incumbents, challengers and new candidates through the use of city equipment, technology or while on city time is absolutely prohibited. Another issue that recently surfaced was whether the City may offer rewards or assistance in matters involving other communities. Because a reward or assistance by the City to other communities involves a use of public funds, it seemed to the City Attorney a good time to 11 recommend the adoption of an ordinance addressing the issue. A copy of the proposed ordinance is set forth below. 12 ORDINANCE NO. 2006 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 46 OF THE AZUSA MUNICIPAL CODE BY ADDING DIVISION 1 REGARDING PAYMENT OF SPECIAL REWARDS WHEREAS, California Government Code section 53069.5 authorizes local agencies to offer and pay rewards for information leading to the identification and apprehension of any person whose willful misconduct results in injury or death to any person, or who willfully damages or destroys any property or who ; and WHEREAS, California Government Code section 53069.7 authorizes local agencies to offer and pay rewards to any person who aids local peace officers or furnishes information leading to the arrest and conviction of any person who assaults, or inflicts serious bodily harm to a peace officer of the local agency, or kills a peace officer of the local agency, while that officer is acting in the line of duty; and WHEREAS, the City Council previously exercised this authority by adopting Ordinance No. 06-02, which allows payment of rewards regarding the arrest and conviction of persons guilty of damaging property through spraying graffiti; and WHEREAS, the City Council desires to further exercise this authority granted by Sections 53069.5 and 53069.7 to establish a system for offering and payment of special rewards for the actions described above. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Division 1 —Payment of Special Rewards is hereby added to Chapter 46, Article I of the Azusa Municipal Code and new Section 46-1 is added to read as follows: " DIVISION 1 . PAYMENT OF SPECIAL REWARDS Sec. 46-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Peace Officer means a peace officer as defined in State of California Penal Code sections 830 and 830.1, engaged in the performance of his or her duties, whom the suspect knew or reasonably should have known was a peace officer. Reward means an authorized payment of monetary compensation to a person or persons for: 13 (1) Information received by the City leading to the determination of the identity and apprehension of any person whose willful misconduct results in injury or death to any person, or who willfully damages or destroys any property; or (2) Coming to the aid of a City of Azusa peace officer, or for the furnishing of information to the City leading to the arrest and conviction of any person or persons who killed, assaulted with a deadly weapon, or inflicted serious bodily harm upon a peace officer of the City while that officer was acting in the line of duty." Section 2. New Section 46-2 of Article I of Chapter 46 of the Azusa Municipal Code is hereby added to read as follows: "Sec. 46-2. Reward Offer Procedures. (a) The City Council, at its sole discretion, may offer a reward, as that term is described in Section 46-1, upon adoption of a resolution which: (1) describes the specific circumstances that prompted the offering of a reward, (2) specifies the amount of the reward, (3) specifies the time period during which the offer of reward shall be in effect, and (4) directs the City Clerk to advertise the offer of reward. (b) The City Clerk, upon the City Council's approval of the resolution to offer a reward, shall cause notices and/or advertisements to be posted on the City's Internet website and duly published in at least one newspaper of general circulation in the City, setting forth the City's reward offer in a manner designed to provide immediate City-wide notoriety to the offer. All notices and advertisements of a reward shall set forth the conditions and limitations of the offer." Section 3. New Section 46-3 of Article I of Chapter 46 of the Azusa Municipal Code is hereby added to read as follows: "Sec. 46-3. Effective Date of Reward Offer. (a) An offer of reward by the City shall be effective, subject to Subsection (b) of this section, upon publication by the City Clerk, as provided for herein, and, subject to Subsection (c) of this section, shall remain in effect for the stated term of the offer or for the term of any extension thereof which may be approved by the City Council prior to the termination of the offer of reward. In the event the term of an offer of reward is extended, as provided herein, the City Clerk shall provide the same publicity as that given to the original offer of reward. (b) Information received by the City after adoption of a resolution to authorize payment of a reward, but prior to publication, shall be deemed to have been received during the effective term of the offer for purposes of Council deliberations on the payment of any reward in said matter. 14 (c) An offer of reward by the City shall terminate by payment, revocation, withdrawal thereof by the City Council by resolution or expiration of the period of time set forth in the resolution offering the reward, or any extension thereof,which was approved by the City Council while the offer was otherwise effective. A terminated offer of reward shall have no operative or legal force or effect, except with respect to City Council consideration of information received by the City prior to the termination of the offer of reward. In the event an offer of reward had been terminated by revocation or withdrawal by the City Council prior to the term identified in the offer of reward or an approved extension thereof, the City Clerk shall provide the same publicity thereto as that given to the original offer of reward." Section 4. New Section 46-4 of Article I of Chapter 46 of the Azusa Municipal Code is hereby added to read as follows: "Sec. 46-4. City Council Review. After an identification, apprehension, or where applicable the arrest and conviction, of a person or persons with respect to commission of an act which prompted the offer of reward, the City Council shall determine whether the information received had been: (1) Either accompanied, or followed by, a letter or other written expression of an intent to claim the reward offered; (2) Received during the term in which the offer of reward was in effect; (3) Tendered as more than a mere suspicion and was sufficient to provide for the subsequent identification, apprehension, or where applicable the arrest and conviction, of the person or persons responsible in whole or in part for that act which prompted the offer of reward; (4) Accompanied by sufficient information to satisfy whatever had been established by the City Council as special conditions for payment of the reward; and is consistent with the limitations upon payment set forth in the resolution offering the reward." Section 5. New Section 46-6 of Article I of Chapter 46 of the Azusa Municipal Code is hereby added to read as follows: "Sec. 46-6. Payment. (a) Payment of any reward or rewards, as provided in this chapter, shall require City Council approval by resolution. (b) No employee or official of the City shall be eligible to receive payment of a reward pursuant to this chapter. 15 (c) No reward shall be paid to any person or persons involved in misconduct which prompted the offer of the reward by the City Council. (d) No offer of reward or payment of reward shall be made to anyone who is acting as an agent for the suspect(s) or if suspect(s) will benefit from payment of such reward." Section 6. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional. Section 7. This Ordinance shall become effective thirty (30) days after its adoption. Section 8. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. PASSED, APPROVED, AND ADOPTED this day of 2006. Diane Chagnon Mayor ATTEST: Vera Mendoza City Clerk 16 Compliance with the Ralph M . Brown Act Audit of City Commissions and Compliance with the Brown Act We reviewed the agendas and minutes from approximately April 2006 through the first half of November 2006 for the following City commissions: Architectural Barriers Commission Cultural and Historic Preservation Commission Human Relations Commission Library Commission Parks and Recreation Commission Personnel Board Planning Commission Utility Board Architectural Barriers Commission Agenda Item Descriptions - The agendas for the meetings in April through July needed more details in the agenda item descriptions. While agenda items do not need to exceed 20 words in length, they should give enough information to permit a person to make an informed decision as to whether they want to attend or participate in a discussion on the issue. In contrast to the April through July agendas, the agendas for September, October and November contained sufficient information for each agenda item. 17 Compliance with Government Code § 54954.2, subd. (a)(1) - All of the agendas reviewed for the Architectural Barriers Commission lacked the information required by Government Code section 54954.2, subdivision (a)(1), regarding how, when and to whom a request for disability-related modification or accommodate may be made by a disabled person. Description of Actions in Meeting Minutes-With the exception of the October minutes, none of the minutes reviewed for the Architectural Barriers Commission provided a description of the actions taken on agenda items, other than the adoption of the previous meeting minutes. Except for the October minutes, there is no way to tell what discussion and/or actions took place during those meetings. Although this is not expressly a violation of the language in the Brown Act, it does not comply with the intent of the Brown Act,which is to make the actions of government bodies open and public. In contrast to the preceding months' minutes, the October minutes contained detailed descriptions of the actions that were taken. Powers and Duties — The October minutes showed that the Architectural Barriers Commission voted to approve handicap access provisions for the Public Parks and Arroyo System for Rosedale. The Architectural Barriers Commission's powers and duties are only to act in an advisory capacity and make recommendations to the City Council. It is unclear whether the Commission's vote at the October meeting, as reported in the meeting minutes, was actually to approve a recommendation to the City Council to accept the handicap access provisions, or whether the Commission was actually overstepping its authority and actually approving the proposed handicap provisions. This is not an express violation of the Brown Act, but it may be a cause for concern if the Commission is acting outside of its authority. If the action was simply reported incorrectly, then the minutes should be amended to show the correct action taken. Cultural and Historic Preservation Commission Compliance with Government Code § 54954.2, subd. (a)(1) - All of the agendas reviewed for the Cultural and Historic Preservation Commission lacked the information required by Government Code section 54954.2, subdivision (a)(1), regarding how, when and to whom a request for disability-related modification or accommodate may be made by a disabled person. Powers and Duties—The April meeting minutes for the Cultural and Historic Preservation Commission showed that the Commission approved a request by the developers of the Tally-Wade building to revise the approved plans for the exterior of the historic structure. However, the Commission only has authority to approve applications for certificates of appropriateness and such a certificate was not mentioned in the April meeting minutes. Similarly, the May minutes show under "Scheduled Items" that the Commission's annual work plan would include an item to "amend ordinance regarding procedures." For the April minutes, it is unclear whether the Commission's approval was actually for a certificate of appropriateness to alter a historic structure, which is within the Commission's authority. For the May minutes, the"ordinance regarding procedures"or any written standards to be used by the Commission must first be recommended to the City 18 Council for adoption — the Commission does not have the authority to "amend" an ordinance. Although the actions, as reported, were not express violations of the Brown Act, it would cause concern if the Commission took action outside of its authority. If the actions were simply reported incorrectly, then the minutes should be amended to show the correct actions taken. 19 Human Relations Commission Compliance with Government Code § 54954.2, subd. (a)(1) — With the exception of the October agenda, the agendas reviewed for the Human Relations Commission lacked the information required by Government Code section 54954.2, subdivision (a)(1), regarding how, when and to whom a request for disability-related modification or accommodate may be made by a disabled person. Address of Meeting Location: Government Code section 54954.2(a)(1) requires agendas to specify the location of the meeting. With the exception of the October agenda, the agendas for the Human Relations Commission did not have the address of the meeting location printed on the agenda. The address was handwritten on the September agenda . However, the address should be part of the printed text of the agenda. Other than the above comments, the agendas and minutes for the Human Relations Commission contained the correct language and descriptions. The minutes for the Human Relations Commission were an excellent example of meeting minutes. The minutes were almost a verbatim account of the actions and discussions that took place in the meetings. Library Commission Compliance with Government Code§54954.2, subd. (a)(1)-All of the regular meeting agendas reviewed for the Library Commission lacked the information required by Government Code section 54954.2, subdivision (a)(1), regarding how,when and to whom a request for disability-related modification or accommodate may be made by a disabled person. However, the special meeting agendas contained the language required by Section 54954.2(a)(1). Other than the above comment, the agendas and minutes for the Library Commission contained the appropriate language and descriptions for compliance with the Brown Act. Parks and Recreation Commission Compliance with Government Code § 54954.2, subd. (a)(1) - All of the agendas reviewed for the Parks and Recreation Commission lacked the information required by Government Code section 54954.2, subdivision (a)(1), regarding how, when and to whom a request for disability-related modification or accommodate may be made by a disabled person. Agenda Item Descriptions—All of the agendas reviewed needed more details in the agenda item descriptions. As mentioned above, agenda items should give enough information to permit a person to make an informed decision as to whether they want to attend or participate in a discussion on the issue. 20 Actions on Agenda Items Not Listed on Agendas — Most of the minutes reviewed contained actions to approve applications to use various City facilities. Unfortunately, the majority of those applications were not listed on the corresponding agendas, or were only referred to under the "Consent" section of the agenda as "Various applications" or"Review and approval of various applications received for the use of park and recreation facilities." The minutes for those same items listed the specific information for each application. Under the Brown Act, the Commission can only take action on items that are listed on the agenda. The generic descriptions regarding "various applications" does not seem to comply with the Brown Act requirements. Insufficient Description of Staff Updates—Each agenda reviewed contained an "Informational" item described as "Program update" and listed Joe Jacobs, Director of Recreation and Family Services and Roy Chavez, Park Supervisor, as the staff members providing the updates. However, the minutes for each agenda used the same vague description for these program updates: "Staff updated Commission on all programs and projects." The minutes should contain at least some detail on what was actually reported by Mr. Jacobs and Mr. Chavez, even if there was little or no information to report. Although this is not an express violation of the Brown Act, it seems to be incompatible with the intent of the Brown Act. Personnel Board Compliance with Government Code § 54954.2, subd. (a)(1) - All of the agendas reviewed for the Personnel Board lacked the information required by Government Code section 54954.2, subdivision (a)(1), regarding how, when and to whom a request for disability-related modification or accommodate may be made by a disabled person. Agenda Items Omitted from Minutes — Each of the agendas reviewed contained agenda items listed as"Personnel Action Report— Informational,""Recruitment Progress Report — Informational," "Public Comment," and "Comments, Updates and/or Reports: Personnel Board Members and/or Staff." However, none of the minutes showed any of these items. Some kind of report on these items should be included in the minutes, even if it only states that there was no public comment or there were no comments or updates from Personnel Board Members or Staff. There is no way to tell what discussion and/or actions took place on those particular agenda items during each of those meetings. Although this is not expressly a violation of the language in the Brown Act, it does not comply with the intent of the Brown Act, which is to make the actions and discussions of government bodies open and public. In addition, the agenda for June 27th contained an open session item description as"Hearing—discuss scheduling dates of hearing (pursuant to Cal. Gov. Code sec. 54957)." That section of the Government Code pertains to closed sessions regarding public employee issues. However, the minutes for that meeting made no mention at all of this agenda item. The minutes should have provided a description of the discussion and/or the date set for the closed session item. 21 Conclusion Overall, the City Commissions are satisfying the Brown Act requirements. However, the meeting agendas for City commissions should contain the required language to inform the public regarding how, when and to whom a request for disability-related modification or accommodate may be made by a disabled person. (Gov. Code§ 54954.2, subd. (a)(1).) Also, agendas should be improved to include sufficient detail in the agenda item descriptions. With the exception of the Humans Relations Commission meeting minutes, the minutes describing the discussions and actions of the commissions should also include sufficient detail. As mentioned previously, lack of detail is not an express violation of the Brown Act. However, lack of detail does not expressly comply with the intent of the law. In addition, including more detail in meeting minutes will enable staff to keep more precise records of the commissions' actions. Enough detail should be included in the meeting minutes so that someone who was not present at the meeting may read them and understand exactly what discussion and action took place. 22 ORDINANCE NO. 08-012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 46 OF THE AZUSA MUNICIPAL CODE BY ADDING DIVISION 1 REGARDING PAYMENT OF SPECIAL REWARDS WHEREAS, California Government Code section 53069.5 authorizes local agencies to offer and pay rewards for information leading to the identification and apprehension of any person whose willful misconduct results in injury or death to any person, or who willfully damages or destroys any property; and WHEREAS, California Government Code section 53069.7 authorizes local agencies to offer and pay rewards to any person who aids local peace officers or furnishes information leading to the arrest and conviction of any person who assaults, or inflicts serious bodily harm to a peace officer of the local agency, or kills a peace officer of the local agency, while that officer is acting in the line of duty; and WHEREAS, the City Council previously exercised this authority by adopting Ordinance No. 06-02, which allows payment of rewards regarding the arrest and conviction of persons guilty of damaging property through spraying graffiti; and WHEREAS, the City Council desires to further exercise this authority granted by Sections 53069.5 and 53069.7 to establish a system for offering and payment of special rewards for the actions described above. NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Division 1 — Payment of Special Rewards is hereby added to Chapter 46, Article I of the Azusa Municipal Code and new Section 46-1 is added to read as follows: "DIVISION 1. PAYMENT OF SPECIAL REWARDS Sec. 46-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Peace Officer means a peace officer as defined in State of California Penal Code sections 830 and 830.1, engaged in the performance of his or her duties, whom the suspect knew or reasonably should have known was a peace officer. Reward means an authorized payment of monetary compensation to a person or persons for: (1) Information received by the City leading to the determination of the identity and 1 ORANGE\NSTUBBS\31770.5 apprehension of any person whose willful misconduct results in injury or death to any person, or who willfully damages or destroys any property; or (2) Coming to the aid of a City of Azusa peace officer, or for the furnishing of information to the City leading to the arrest and conviction of any person or persons who killed, assaulted with a deadly weapon, or inflicted serious bodily harm upon a peace officer of the City while that officer was acting in the line of duty." Section 2. New Section 46-2 of Article I of Chapter 46 of the Azusa Municipal Code is hereby added to read as follows: "Sec.46-2. Liability for Amount of Reward. Any person whose willful misconduct has resulted in injury or death to any student or any person employed by or performing volunteer services for the City or who has willfully damaged or destroyed any property of the City or any property of any other local agency or state or federal agency located within the boundaries of the City shall be liable for the amount of any reward paid pursuant to this chapter and if he or she is an unemancipated minor, his or her parent or guardian shall also be liable for the amount. Section 3. New Section 46-3 of Article I of Chapter 46 of the Azusa Municipal Code is hereby added to read as follows: "Sec.46-3. Reward Offer Procedures. (a) The City Council, at its sole discretion, may offer a reward, as that term is described in Section 46-1, upon adoption of a resolution which: (1) describes the specific circumstances that prompted the offering of a reward, (2) specifies the amount of the reward, (3) specifies the time period during which the offer of reward shall be in effect, and (4) directs the City Clerk to advertise the offer of reward. (b) The City Clerk, upon the City Council's approval of the resolution to offer a reward, shall cause notices and/or advertisements to be posted on the City's Internet website and duly published in at least one newspaper of general circulation in the City, setting forth the City's reward offer in a manner designed to provide immediate City-wide notoriety to the offer. All notices and advertisements of a reward shall set forth the conditions and limitations of the offer." Section 4. New Section 46-4 of Article I of Chapter 46 of the Azusa Municipal Code is hereby added to read as follows: "Sec. 46-4. Effective Date of Reward Offer. (a) An offer of reward by the City shall be effective, subject to Subsection (b) of this section, upon publication by the City Clerk, as provided for herein, and, subject to Subsection (c) of this section, shall remain in effect for the stated term of the offer or for the term of any extension thereof which may be approved by the City Council prior to the termination of the offer of reward. In the event the term of an offer of reward is extended, as provided herein, the 2 ORANGE\NSTUBBS\31770.5 City Clerk shall provide the same publicity as that given to the original offer of reward. (b) Information received by the City after adoption of a resolution to authorize payment of a reward, but prior to publication, shall be deemed to have been received during the effective term of the offer for purposes of Council deliberations on the payment of any reward in said matter. (c) An offer of reward by the City shall terminate by payment, revocation, withdrawal thereof by the City Council by resolution or expiration of the period of time set forth in the resolution offering the reward, or any extension thereof, which was approved by the City Council while the offer was otherwise effective. A terminated offer of reward shall have no operative or legal force or effect, except with respect to City Council consideration of information received by the City prior to the termination of the offer of reward. In the event an offer of reward had been terminated by revocation or withdrawal by the City Council prior to the term identified in the offer of reward or an approved extension thereof, the City Clerk shall provide the same publicity thereto as that given to the original offer of reward." Section 5. New Section 46-5 of Article I of Chapter 46 of the Azusa Municipal Code is hereby added to read as follows: "Sec. 46-5. City Council Review. After an identification, apprehension, or where applicable the arrest and conviction, of a person or persons with respect to commission of an act which prompted the offer of reward, the City Council shall determine whether the information received had been: (1) Either accompanied, or followed by, a letter or other written expression of an intent to claim the reward offered; (2) Received during the term in which the offer of reward was in effect; (3) Tendered as more than a mere suspicion and was sufficient to provide for the subsequent identification, apprehension, or where applicable the arrest and conviction, of the person or persons responsible in whole or in part for that act which prompted the offer of reward; (4) Accompanied by sufficient information to satisfy whatever had been established by the City Council as special conditions for payment of the reward; and is consistent with the limitations upon payment set forth in the resolution offering the reward." Section 6. New Section 46-6 of Article I of Chapter 46 of the Azusa Municipal Code is hereby added to read as follows: "Sec. 46-6. Payment. (a) Payment of any reward or rewards, as provided in this chapter, shall require City Council approval by resolution. 3 ORANGE\NSTUBBS\32770.5 (b) No employee or official of the City shall be eligible to receive payment of a reward pursuant to this chapter. (c) No reward shall be paid to any person or persons involved in misconduct which prompted the offer of the reward by the City Council. (d) No offer of reward or payment of reward shall be made to anyone who is acting as an agent for the suspect(s) or if suspect(s) will benefit from payment of such reward." Section 7. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional. Section 8. This Ordinance shall become effective thirty(30) days after its adoption. Section 9. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. PASSED, APPROVED, AND ADOPTED this 17th day of November, 2008. Joseph R. Rocha, Mayor ATTEST: //ii / r-------v/g"Vera Mendoza, City Clerk I Vera Mendoza, city clerk of the City of Azusa hereby certify that the foregoing Ordinance No. 08-012, was duly introduced and placed upon its first reading at a regular meeting of the City Council of the city of Azusa held on the 31-a day of November, 2008, and that thereafter, said ordinance was duly adopted and passed at a regular meeting of November 17`x', 2008,by the vote of the Council. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ROCHA Vera Mendoza, City Clerk V 4 ORANGE\NSTUBBS\31770.5 tkiiTAVA °,A,ZUS, `' AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: POLICE CHIEF BOB GARCIA AND CITY ATTORNEY SONIA CARVALHO VIA: F.M. DELACH, CITY MANAGER ✓� DATE: NOVEMBER 3, 2008 SUBJECT: ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 46 OF THE AZUSA MUNICIPAL CODE BY ADDING DIVISION I REGARDING PAYMENT OF SPECIAL REWARDS RECOMMENDATION It is recommended that City Council adopt the proposed Ordinance titled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 46 OF THE AZUSA MUNICIPAL CODE BY ADDING DIVISION 1 REGARDING PAYMENT OF SPECIAL REWARDS BACKGROUND California Government Code section 53069.5 authorizes local agencies to offer and pay rewards for information leading to the identification and apprehension of any person whose willful misconduct results in injury or death to any person, or who willfully damages or destroys any property. In addition, Government Code section 53069.7 authorizes the City to offer and pay rewards to any person who; (1) aids the City's peace officers, or (2) furnishes information leading to the arrest and conviction of any person who assaults, or inflicts serious bodily harm to an Azusa peace officer, or kills an Azusa peace officer while that officer is acting in the line of duty. The City Council previously exercised this authority and adopted Ordinance No. 06-02, which allows payment of rewards regarding the arrest and conviction of persons guilty of damaging property with graffiti. Due to recent events involving the death of a City resident by a hit and run driver, the City Council desires to use the authority granted by 1 ORANGE NSTU BBS151520.1 Sections 53069.5 and 53069.7 to establish a procedure for offering and payment of special rewards for circumstances other than property damaged by graffiti. DISCUSSION: Resolution for Each Reward Offer. The proposed Ordinance establishes a procedure whereby the City Council may, by adoption of a resolution, offer a reward for the actions described in Government Code sections 53069.5 and 53069.7. Each resolution must include: (1) a description of the specific circumstances that prompt offering a reward; (2) the specific amount of the reward; (3) the time period during which the offer will be in effect; and (4) direction to the City Clerk to advertise the offer of reward. Liability for Repayment of Reward. The proposed Ordinance also establishes liability for repayment of the amount of a reward to the City by anyone whose willful misconduct results in injury or death to any student or any City employee or City volunteer. The liability for repayment also applies to any person who willfully damages or destroys City property or any property of any State agency, federal agency, or other local agency that is located within the city limits of Azusa. In addition, if the responsible person is a minor, the proposed Ordinance makes their parent or guardian liable for repayment of the amount of the award. Determination by City Council. The proposed Ordinance provides for the City Council to determine in each situation whether the following criteria are met: (1) The information was either accompanied, or followed by, a letter or other written expression of an intent to claim the reward offered. (2) The information was received during the specified time period. (3) The information was tendered as more than a mere suspicion and was sufficient to provide for the subsequent identification, apprehension, or where applicable the arrest and conviction, of the person or persons responsible in whole or in part for the act that prompted the offer of the reward. (4) The information was accompanied by whatever special conditions the Council established in the resolution for payment of the reward. "Safeguards." The proposed Ordinance also provides "safeguards"to insure the integrity of the process, which include: (a) No employee or official of the City is eligible to receive payment of a reward. (b) No reward will be paid to any person or persons involved in misconduct which prompted the offer of the reward. 2 ORANGE\NSTUBBS151520.1 (c) No offer of reward or payment of reward shall be made to anyone who is acting as an agent for the suspect(s) or if suspect(s) will benefit from payment of the reward. FISCAL IMPACT No fiscal impact will result from adoption of the proposed Ordinance. Any financial impacts resulting from payment of rewards for specific situations will be considered and approved by the City Council on a case by case basis. ENVIRONMENTAL IMPACT Not applicable. Attachments : Proposed Ordinance 3 ORANGE\NSTUBBS151520.1 ORDINANCE NO. 2008 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 46 OF THE AZUSA MUNICIPAL CODE BY ADDING DIVISION 1 REGARDING PAYMENT OF SPECIAL REWARDS WHEREAS, California Government Code section 53069.5 authorizes local agencies to offer and pay rewards for information leading to the identification and apprehension of any person whose willful misconduct results in injury or death to any person, or who willfully damages or destroys any property; and WHEREAS, California Government Code section 53069.7 authorizes local agencies to offer and pay rewards to any person who aids local peace officers or furnishes information leading to the arrest and conviction of any person who assaults, or inflicts serious bodily harm to a peace officer of the local agency, or kills a peace officer of the local agency, while that officer is acting in the line of duty; and WHEREAS, the City Council previously exercised this authority by adopting Ordinance No. 06-02, which allows payment of rewards regarding the arrest and conviction of persons guilty of damaging property through spraying graffiti; and WHEREAS, the City Council desires to further exercise this authority granted by Sections 53069.5 and 53069.7 to establish a system for offering and payment of special rewards for the actions described above. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Division 1 — Payment of Special Rewards is hereby added to Chapter 46, Article I of the Azusa Municipal Code and new Section 46-1 is added to read as follows: "DIVISION 1. PAYMENT OF SPECIAL REWARDS Sec. 46-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Peace Officer means a peace officer as defined in State of California Penal Code sections 830 and 830.1, engaged in the performance of his or her duties, whom the suspect knew or reasonably should have known was a peace officer. Reward means an authorized payment of monetary compensation to a person or persons for: 1 ORANGE\NSTUBBS\31770.5 (1) Information received by the City leading to the determination of the identity and apprehension of any person whose willful misconduct results in injury or death to any person, or who willfully damages or destroys any property; or (2) Coming to the aid of a City of Azusa peace officer, or for the furnishing of information to the City leading to the arrest and conviction of any person or persons who killed, assaulted with a deadly weapon, or inflicted serious bodily harm upon a peace officer of the City while that officer was acting in the line of duty." Section 2. New Section 46-2 of Article I of Chapter 46 of the Azusa Municipal Code is hereby added to read as follows: "Sec. 46-2. Liability for Amount of Reward. Any person whose willful misconduct has resulted in injury or death to any student or any person employed by or performing volunteer services for the City or who has willfully damaged or destroyed any property of the City or any property of any other local agency or state or federal agency located within the boundaries of the City shall be liable for the amount of any reward paid pursuant to this chapter and if he or she is an unemancipated minor, his or her parent or guardian shall also be liable for the amount. Section 3. New Section 46-3 of Article I of Chapter 46 of the Azusa Municipal Code is hereby added to read as follows: "Sec. 46-3. Reward Offer Procedures. (a) The City Council, at its sole discretion, may offer a reward, as that term is described in Section 46-1, upon adoption of a resolution which: (1) describes the specific circumstances that prompted the offering of a reward, (2) specifies the amount of the reward, (3) specifies the time period during which the offer of reward shall be in effect, and (4) directs the City Clerk to advertise the offer of reward. (b) The City Clerk, upon the City Council's approval of the resolution to offer a reward, shall cause notices and/or advertisements to be posted on the City's Internet website and duly published in at least one newspaper of general circulation in the City, setting forth the City's reward offer in a manner designed to provide immediate City- wide notoriety to the offer. All notices and advertisements of a reward shall set forth the conditions and limitations of the offer." Section 4. New Section 46-4 of Article I of Chapter 46 of the Azusa Municipal Code is hereby added to read as follows: "Sec. 46-4. Effective Date of Reward Offer. 2 ORANGE\NSTUBBS\31770.5 (a) An offer of reward by the City shall be effective, subject to Subsection (b) of this section, upon publication by the City Clerk, as provided for herein, and, subject to Subsection (c) of this section, shall remain in effect for the stated term of the offer or for the term of any extension thereof which may be approved by the City Council prior to the termination of the offer of reward. In the event the term of an offer of reward is extended, as provided herein, the City Clerk shall provide the same publicity as that given to the original offer of reward. (b) Information received by the City after adoption of a resolution to authorize payment of a reward, but prior to publication, shall be deemed to have been received during the effective term of the offer for purposes of Council deliberations on the payment of any reward in said matter. (c) An offer of reward by the City shall terminate by payment, revocation, withdrawal thereof by the City Council by resolution or expiration of the period of time set forth in the resolution offering the reward, or any extension thereof, which was approved by the City Council while the offer was otherwise effective. A terminated offer of reward shall have no operative or legal force or effect, except with respect to City Council consideration of information received by the City prior to the termination of the offer of reward. In the event an offer of reward had been terminated by revocation or withdrawal by the City Council prior to the term identified in the offer of reward or an approved extension thereof, the City Clerk shall provide the same publicity thereto as that given to the original offer of reward." Section 5. New Section 46-5 of Article I of Chapter 46 of the Azusa Municipal Code is hereby added to read as follows: "Sec. 46-5. City Council Review. After an identification, apprehension, or where applicable the arrest and conviction, of a person or persons with respect to commission of an act which prompted the offer of reward, the City Council shall determine whether the information received had been: (1) Either accompanied, or followed by, a letter or other written expression of an intent to claim the reward offered; (2) Received during the term in which the offer of reward was in effect; (3) Tendered as more than a mere suspicion and was sufficient to provide for the subsequent identification, apprehension, or where applicable the arrest and conviction, of the person or persons responsible in whole or in part for that act which prompted the offer of reward; (4) Accompanied by sufficient information to satisfy whatever had been established by the City Council as special conditions for payment of the reward; and is consistent with the limitations upon payment set forth in the resolution offering the reward." 3 ORANGE\NSTUBBS\31770.5 Section 6. New Section 46-6 of Article I of Chapter 46 of the Azusa Municipal Code is hereby added to read as follows: "Sec. 46-6. Payment. (a) Payment of any reward or rewards, as provided in this chapter, shall require City Council approval by resolution. (b) No employee or official of the City shall be eligible to receive payment of a reward pursuant to this chapter. (c) No reward shall be paid to any person or persons involved in misconduct which prompted the offer of the reward by the City Council. (d) No offer of reward or payment of reward shall be made to anyone who is acting as an agent for the suspect(s) or if suspect(s) will benefit from payment of such reward." Section 7. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional. Section 8. This Ordinance shall become effective thirty (30) days after its adoption. Section 9. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. PASSED, APPROVED, AND ADOPTED this day of 2008. Joseph R. Rocha Mayor ATTEST: 4 ORANGE\NSTUBBS\31770.5 Vera Mendoza City Clerk 5 ORANGE\NSTOBBS\31770.5 - ,- rw , ?'A't'i' ns -'?zb ,a _ "' AZUSA ORDINANCES TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: POLICE CHIEF BOB GARCIA AND CITY ATTORNEY SONIA CARVALHO VIA: F.M. DELACH, CITY MANAGER DATE: NOVEMBER 3, 2008 SUBJECT: ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 46 OF THE AZUSA MUNICIPAL CODE BY ADDING DIVISION 1 REGARDING PAYMENT OF SPECIAL REWARDS RECOMMENDATION It is recommended that City Council adopt the proposed Ordinance titled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 46 OF THE AZUSA MUNICIPAL CODE BY ADDING DIVISION 1 REGARDING PAYMENT OF SPECIAL REWARDS BACKGROUND California Government Code section 53069.5 authorizes local agencies to offer and pay rewards for information leading to the identification and apprehension of any person whose willful misconduct results in injury or death to any person, or who willfully damages or destroys any property. In addition, Government Code section 53069.7 authorizes the City to offer and pay rewards to any person who; (1) aids the City's peace officers, or (2) furnishes information leading to the arrest and conviction of any person who assaults, or inflicts serious bodily harm to an Azusa peace officer, or kills an Azusa peace officer while that officer is acting in the line of duty. The City Council previously exercised this authority and adopted Ordinance No. 06-02, which allows payment of rewards regarding the arrest and conviction of persons guilty of damaging property with graffiti. Due to recent events involving the death of a City resident by a hit and run driver, the City Council desires to use the authority granted by 1 ORANGE\NSTUBBS\51520.1 Sections 53069.5 and 53069.7 to establish a procedure for offering and payment of special rewards for circumstances other than property damaged by graffiti. DISCUSSION: Resolution for Each Reward Offer. The proposed Ordinance establishes a procedure whereby the City Council may, by adoption of a resolution, offer a reward for the actions described in Government Code sections 53069.5 and 53069.7. Each resolution must include: (1) a description of the specific circumstances that prompt offering a reward; (2) the specific amount of the reward; (3) the time period during which the offer will be in effect; and (4) direction to the City Clerk to advertise the offer of reward. Liability for Repayment of Reward. The proposed Ordinance also establishes liability for repayment of the amount of a reward to the City by anyone whose willful misconduct results in injury or death to any student or any City employee or City volunteer. The liability for repayment also applies to any person who willfully damages or destroys City property or any property of any State agency, federal agency, or other local agency that is located within the city limits of Azusa. In addition, if the responsible person is a minor, the proposed Ordinance makes their parent or guardian liable for repayment of the amount of the award. Determination by City Council. The proposed Ordinance provides for the City Council to determine in each situation whether the following criteria are met: (1) The information was either accompanied, or followed by, a letter or other written expression of an intent to claim the reward offered. (2) The information was received during the specified time period. (3) The information was tendered as more than a mere suspicion and was sufficient to provide for the subsequent identification, apprehension, or where applicable the arrest and conviction, of the person or persons responsible in whole or in part for the act that prompted the offer of the reward. (4) The information was accompanied by whatever special conditions the Council established in the resolution for payment of the reward. "Safeguards." The proposed Ordinance also provides "safeguards" to insure the integrity of the process, which include: (a) No employee or official of the City is eligible to receive payment of a reward. (b) No reward will be paid to any person or persons involved in misconduct which prompted the offer of the reward. 2 ORANGE\NSTUBBS\51520.1 (c) No offer of reward or payment of reward shall be made to anyone who is acting as an agent for the suspect(s) or if suspect(s) will benefit from payment of the reward. FISCAL IMPACT No fiscal impact will result from adoption of the proposed Ordinance. Any financial impacts resulting from payment of rewards for specific situations will be considered and approved by the City Council on a case by case basis. ENVIRONMENTAL IMPACT Not applicable. Attachments : Proposed Ordinance 3 ORANGE\NSTUBBS\51520.1