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HomeMy WebLinkAboutD-2 Staff Report - City Council Governance ProtocolsCouncil Governance Protocols and Procedures February 7, 2022 Page 1 SCHEDULED ITEM D-2 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: NICO DE ANDA-SCAIA, DEPUTY CITY MANAGER DATE: FEBRUARY 7, 2022 SUBJECT: CONSIDERATION AND ADOPTION OF CITY COUNCIL GOVERNANCE PROTOCOLS AND PROCEDURES BACKGROUND: The roles and responsibilities of City Councils are often diverse and complex. For this reason, various state laws and other established regulations exist which govern the scope and procedures of elected bodies. In addition to higher-level statutes, it is common for local governments to have in place formalized policies of their own. The City of Azusa does not currently have formalized procedures beyond what is outlined in the California Government Code and current Azusa Municipal Code. At their regular meeting on November 15, 2021, City Council considered various models of formalized Council procedures, and discussed draft guidelines to set a framework from which Staff could begin developing a draft policy document. Council further directed Staff to return with draft Council protocols and procedures for consideration and adoption at a future meeting. RECOMMENDATION: Staff recommends that the City Council take the following action: 1)Consider and adopt Resolution No. 2022-C09, establishing formalized protocols and procedures for the Azusa City Council’s conduct of public business. ANALYSIS: Establishing formalized governance protocols and procedures for elected bodies is generally considered a governmental best practice. City Council protocols are often memorialized in the form of Resolutions(s) or a comprehensive Council procedures manual. These guiding policy APPROVED WITH AMENDMENTS CITY COUNCIL 2/7/2022 Council Governance Protocols and Procedures February 7, 2022 Page 2 documents are established to assist City Councils, staff, and others by documenting accepted operational practices and clarifying expectations for the general governance of the City. With formal protocols in place, administration of City Council affairs is often greatly enhanced by the agreement of elected officials and staff to be bound by these practices. The attached draft resolution is intended to inform Council’s discussion of potential formalized protocols and procedures that affirm governance for the common good of the people of the City; outline appropriate City Council conduct with internal and external stakeholders; address the process for Council requests, including the Mayor’s role in streamlining the business of the Council; affirm the protocol for roles in the Council-Manager form of government; and prescribe procedures for compliance, enforcement and administration. Per the City Council’s previous direction, components of this policy document were compiled in part using information from various other sample policies. Staff is therefore recommending that Council consider the draft resolution and accompanying Council protocols and procedures for possible adoption at this meeting. As practices and policies may change over time within the parameters of state and federal law, these Council protocols and procedures may need to be reviewed periodically and revised by an amendment of City Council’s Resolution. Any rules may be adopted, altered, amended or repealed by Resolution at any time by a majority vote of the City Council. FISCAL IMPACT: There is no fiscal impact associated with the recommended action. Prepared by: Reviewed and Approved: Nico De Anda-Scaia Sergio Gonzalez Deputy City Manager City Manager Attachments: 1) Draft Resolution No. 2022-C09 - Azusa City Council Protocols and Procedures RESOLUTION NO. 2022-C09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ESTABLISHING PROTOCOLS AND PROCEDURES FOR THE CITY COUNCIL’S CONDUCT OF PUBLIC BUSINESS WHEREAS, it is the intent of the City Council of the City of Azusa to support the orderly, efficient, and responsive conduct of City business; and WHEREAS, certain parliamentary procedures have been found to be useful in order to ensure that the communication and process of government is fair, reasonable and just; and WHEREAS, the City Council desires to establish uniform protocols and procedures in order to accomplish these goals; and WHEREAS, City Council is defined as City Council Members and the Mayor. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Azusa does hereby: SECTION 1. Approve and adopt protocols and procedures for the City Council’s conduct of public business attached hereto as Exhibit A. SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and is in force. PASSED, APPROVED AND ADOPTED this 7th day of February, 2022. ____________________________________ Robert Gonzales Mayor ATTEST: ____________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk Attachment 1 Page 2 of 10 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 2022-C09 was duly adopted by the City Council, at a regular meeting of said City Council held on the 7th day of February 2022, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ___________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk APPROVED AS TO FORM: ___________________________________ Best, Best & Krieger, LLP City Attorney Page 3 of 10 EXHIBIT A CITY OF AZUSA COUNCIL PROTOCOLS AND PROCEDURES COUNCIL CONDUCT IN GENERAL All members of the City Council, including those serving as Mayor and Mayor Pro Tem, have equal votes. No Council Member has more power than any other Council Member, and all should be treated with equal respect. All Council Members should: • Demonstrate honesty and integrity in every action and statement • Serve as a model of leadership and civility to the community • Strive to ensure fair and equal treatment of all persons, claims and transactions coming before the City Council, Commissions and Boards • Inspire public confidence in Azusa government • Work for the common good, not personal interest • Prepare in advance of Council meetings and be familiar with issues on the agenda • Fully participate in City Council meetings and other public forums while demonstrating respect, kindness, consideration, and courtesy to others • Participate in scheduled activities to increase Council effectiveness • Represent the City at ceremonial functions at the request of the Mayor • Be responsible for the highest standards of respect, civility and honesty in ensuring the effective maintenance of intergovernmental relations • Respect the proper roles of elected officials and City staff in ensuring open and effective government • Represent the official policies or positions of the City Council when designated as delegates for this Purpose Page 4 of 10 COUNCIL CONDUCT WITH ONE ANOTHER City Councils are composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to improve the quality of life in the community. In all cases, this common goal should be acknowledged even as Council may “agree to disagree” on contentious issues. In Public Meetings: • Use formal titles The Council should refer to one another formally during Council meetings as Mayor, Mayor Pro Tem or Council Member followed by the individual’s last name. • Practice civility and decorum in discussions and debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. Be respectful of diverse opinions. • Honor the role of the presiding officer in maintaining order and equity Respect the Mayor’s efforts to focus discussion on current agenda items. Objections to the Mayor’s actions should be voiced politely and with reason, following parliamentary procedures. • Demonstrate effective problem-solving approaches Council Members have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. Council Members are role models for residents and other stakeholders involved in public debate. • Be respectful of other people’s time Stay focused and act efficiently during public meetings. ROLE OF THE MAYOR The Mayor’s position is as a leader among equals. The Mayor is to preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. The Mayor does not possess any power of veto. As presiding officer of the Council, the Mayor is to faithfully communicate the will of the Council majority in matters of policy. The Mayor is also recognized as the official head of the City for all ceremonial purposes. Authority of the Chair: • The Mayor is the presiding officer at all City Council meetings. In the Mayor’s absence, the Mayor Pro Tem shall be the presiding officer. • The Mayor shall recognize the Council Members, City Manager, and speakers desiring to provide public comment. The Mayor should allow other Council Members to speak first on items before the Council and then the Mayor shall comment. Page 5 of 10 • The Mayor should not permit inappropriate or unauthorized remarks from the audience including applause, stamping of feet, whistles, yells or shouting, and/or similar demonstrations. • The Mayor should manage the agenda in a manner that seeks to move the meeting along. The Mayor may call for a short recess during a Council meeting when deemed necessary. The Mayor and Council may consider setting a time limit for public comment and for adjournment and carrying over certain matters in order to complete the meeting at a reasonable hour. • The Mayor will represent the City and the majority opinion of the Council on all actions/positions taken by the Council. COUNCIL CONDUCT WITH CITY STAFF Governance of a City relies on the cooperative efforts of elected officials, who set policy, and City staff, who analyze problems and issues, make recommendations, and implement and administer the Council's policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. • Treat all staff as professionals Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. As with your Council colleagues, practice civility and decorum in all interactions with City staff. • Council-Manager form of government Council Members shall respect and adhere to the City’s Council-Manager form of government, with the City Council acting as the legislative body of the City, and the City Manager serving as the administrative head of the City responsible for the implementation of Council-majority policies. Council members should always feel free to speak directly with the City Manager on matters of interest or concern. • Channel requests of staff through the City Manager The City Council is to work through the City Manager in dealing with city staff. Requests of City staff shall be directed to the City Manager or his/her designee. Council Members shall not set up meetings with department staff directly, and should avoid staff interactions that may be construed as trying to direct or shape staff recommendations. Council Members shall refrain from coercing staff in making recommendations to the Council as a whole. • Refrain from public criticism of staff Council Members should never publicly criticize and individual employee, including Council-appointed Officers. Criticism is differentiated from questioning facts or the opinion of staff. All critical comments about staff performance should only be made to the City Manager through private correspondence or conversation. • Consistent and equal sharing of information Page 6 of 10 All Council Members should have the same information with which to make decisions. Information requested by an individual Council Member will be made available to all Council Members. All information requests should respect the “one hour” rule (See below). • Respect the “one hour” rule for staff work Requests for staff support should be made to the City Manager, according to the protocol for channeling communications. Any request, which would require more than one hour of staff time to research a problem and/or prepare a response, will need to be approved by the full council to ensure that staff resources are allocated in accordance with overall council priorities. Once notified that a request for information or staff support would require more than one hour, the Council Member may request that the City Manager place the item on an upcoming Council agenda. COUNCIL CONDUCT WITH BOARDS & COMMISSIONS The City has established several Boards and Commissions as a means of gathering broader meaningful community input. Citizens who serve on Boards and Commissions become more involved in government and serve as advisors to the City Council. Therefore, they are a valuable resource to the City's leadership and should be treated with appreciation and respect. Council Members typically serve as liaisons to Boards and Commissions, according to appointments made by the Mayor and Council, and in these roles are expected to represent the full Council in providing guidance to the Board or Commission. In other Instances, Council Members may attend Board or Commission meetings as individuals, and should follow these protocols: • When attending meetings in a non-official capacity Council Members may attend any Board or Commission meeting that is open to the public in a non-official capacity. However, any public comments by a Council Member at a Board or Commission meeting - when that Council Member is not the formal liaison to the Board or Commission - should be clearly made as individual opinion and not as a representation of the feelings of the entire City Council. • Limit contact with Board and Commission members to questions of clarification It is inappropriate for a Council Member to contact a Board or Commission member to lobby on behalf of an individual, business, or developer, or to advocate a particular policy perspective. It is acceptable for Council Members to contact Board or Commission members in order to clarify a position taken by the Board or Commission. • Boards and Commissions are advisory to the Council as a whole The City Council body appoints individuals to serve on Boards and Commissions, and it is the responsibility of Boards and Commissions to follow policy established by the Council. Boards and Commissions are therefore advisory to the Council as a whole, not to individual Council Members. Council Members should not feel they have the power or right to threaten Board and Commission members in any way if they disagree about an issue. A Board or Commission appointment should not be used as a political "reward." • Concerns about an individual Board or Commission member should be pursued with tact Page 7 of 10 If a Council Member has a concern with the effectiveness of a particular Board or Commission member and is comfortable in talking with that individual privately, the Council Member may do so. Alternatively, or if the problem is not resolved, the Council Member should consult with the Mayor, who can bring the issue to the Council as appropriate. • Be respectful of diverse opinions A primary role of Boards and Commissions is to represent various points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Council Members may have a closer working relationship with some individuals serving on Boards and Commissions, but must be fair to and respectful of all citizens serving on Boards and Commissions. • Keep political support away from public forums Board and Commission members may offer political support to a Council Member, but not in a public forum while conducting-official duties. Conversely, Council Members may support Board and Commission members who are running for office, but not in an official forum in their capacity as a Council Member. • Maintain an active liaison relationship Appointed Council liaisons are encouraged to attend all regularly scheduled meetings of their assigned Board or Commission, or to arrange for an alternate. COUNCIL CONDUCT WITH EXTERNAL STAKEHOLDERS, PARTNERS & AGENCIES An important role of a Councilmember is communication—communication with the public to assess community opinions and needs, communication with staff to provide policy direction, communication with external partners to foster productive collaboration and trust-building, and communication to gain an understanding of the implications of various policy alternatives. Because the City Council acts as a body (that is, acting based on the will of the majority as opposed to individuals), it is important that general guidelines be understood when speaking for the Council and interacting with these different stakeholder groups. • Conduct with the Public Council Members should make the public feel welcome and should listen courteously and attentively to all public comments before the Council without partiality, prejudice or disrespect. Council Members should make no promises to the public on behalf of the City Council and avoid debating issues with members of the public. • Conduct with Other Agencies Council Members should project a positive image of the City when dealing with other agencies, and be clear about representing the City or personal interests to external groups. Typically, the Mayor will be charged with transmitting the City’s position on policy matters to outside agencies on behalf of the City Council. In the case that individual Council Members lobby or discuss with other legislators, government officials, or developers’ issues that have been adopted by the Council or are Council policy; they should not represent themselves as the City if it is only an individual issue. Council Members should show Page 8 of 10 tolerance and respect for other agencies’ opinions and issues, and agree to disagree with them when necessary. • Conduct with the Media Council Members will refrain from providing “off the record” information (discussing inside information). Providing background information is acceptable. Typically, the Mayor and/or City Manager’s Office will be charged with transmitting official public information to the media on behalf of the City. In the case that individual Council Members interact with the media, they shall represent the City’s official position when speaking on behalf of the City. Individual Council Members should indicate if they are making comments that represent their own opinion and not of the Council majority. Council Members are encouraged to inform the Mayor and City Manager of interviews or comments made to the media about City projects or issues, so that the City Manager may appropriately inform the rest of the City Council of issues that could be of interest. • Conduct on Social Media Council Members should follow general best practices and guidance on social media platforms as they do in their interactions with the general news media as outlined above. Individual Council Members should clearly indicate if they are making comments that represent their own opinion and not of the Council majority. Council Members shall also be cognizant of the fact that their stated positions on social media discourse (particularly on social media platforms), may be misconstrued as the voice of the City, and may therefore put the full City Council at a disadvantage if and when an issue comes before them when extensive discussion and deliberation has already taken place in an informal public social media setting. ROLE OF CITY STAFF In addition to executing general city operations, it is staff’s role to make recommendations to the City Council based on professional judgment and analysis of issues, and to implement all Council majority policies as directed by the City Manager. • Respect the role of Council Members as policy makers for the City Staff is expected to expected to provide its best professional recommendations on issues. Staff should not try to determine Council support for particular positions or recommendations in order to craft recommendations. The Council must be able to depend upon the staff to make independent recommendations. Staff should provide information about alternatives to staff recommendations as appropriate, as well as pros and cons for staff recommendations and alternatives • Respond to Council questions fully and expeditiously The protocol for staff time devoted to research and response is in application here. The City Manager and staff will be available to answer questions of Council Members prior to and during Council meetings. Staff will respond to questions from the public during Council meetings when requested to do so by the City Manager. If a Council Member forwards a complaint or service request to the City Manager and/or department head, there will be follow-through with the Council Member as to the outcome as responsively as is practical. Page 9 of 10 • Professionalism and non-partisanship Staff shall demonstrate professionalism and non-partisanship in all interactions with the community and in public meetings. • Timely notification of controversial or sensitive issues The City Manager should inform Council as soon as possible of upcoming issues, particularly issues that will impact the City significantly and may be coming before the Council on short notice. The City Manager should advise management to become aware of, and sensitive to, potentially political or controversial issues coming before the Council. OTHER PROCEDURAL ISSUES Public correspondence and use of letterhead • Council Members may use City letterhead with the City seal only for responses to constituent letters, or for stating City adopted positions. • City letterhead may not be used for personal business or to present an opposing view once an official position has been taken by the Council. • Council Members should respond to e-mail inquiries if they are comfortable with doing so, and with the Council’s policy and stand on the issue; if not, Council Members are free to refer an e-email inquiry to the City Manager. Council Meetings • The City Manager is responsible for setting the agenda for Council Meetings in order to obtain timely and necessary policy direction from Council on important matters facing the City. The current Mayor may meet with the City Manager and other staff as necessary, ahead of Council meetings to: 1) Identify any issues or questions that may need greater staff preparation for the meeting; 2) Plan ahead on how the meeting will be conducted; and/or 3) Discuss or coordinate future meetings. The purpose of these meetings shall not be to work on policy issues. • It is expected that the City Council Members will read the agenda packet and adequately prepare for each meeting ahead of time. Council Members will be given sufficient lead and preparation time for doing so. When possible, Council Members should seek answers to questions on an item on the agenda from the City Manager prior to the meeting. Council Members are also encouraged to let the City Manager know of questions that will be asked publicly or during the Council Meeting to allow staff an opportunity to be prepared to give a response. This should improve the efficiency and flow of meetings while allowing for the bulk of Council discussions to be focused on policy deliberation. • Consistent with requirements of the Brown Act, the Mayor or a majority of the City Council may call a special meeting. Page 10 of 10 • Correspondence received by a Council Member or City staff regarding an agendized item should be forwarded to the City Clerk and City Manager to be retained as part of the record and for distribution to the Council and public as required by law. • On highly controversial items the Mayor may: 1) move placement of the item on the agenda to facilitate the flow of all agenda business; 2) may limit the time allotted to individual speakers on an item; 3) may limit the total time allotted for public comment on an individual item. • Direction provided at Council meetings should be in the form of a motion or by consensus. Individual direction provided by a Council Member during a meeting will be evaluated by the City Manager. Closed Session Confidentiality • All matters discussed during closed sessions shall be private and confidential, and the disclosure by any person of the topics or details of such matters is expressly prohibited. • Although the City Attorney will maintain a record of reportable action, other notes in closed session should not be taken. However, if a Council Member feels it is necessary, then only cursory notes should be permitted. Any written reports or materials presented during closed session will be turned in to staff at the end of closed session. COMPLIANCE AND ENFORCEMENT • Council Members have the primary responsibility to ensure that ethical standards are understood and met by the Council, and that the public can continue to have full confidence in the integrity of government. • It is the role of the Mayor and Council to intervene when actions of members are in violation of the standard protocols and procedures of the City Council. • Failure of a Council Member to observe and conduct himself/herself in accordance with these adopted Council protocols and procedures may result in, but not be limited to, the following actions: 1) private counseling of the Council Member; 2) letter of warning/reprimand from the City Council; 3) removal from serving as City representative/liaison to internal Boards and Commissions and to intergovernmental organizations; 5) censure by the City Council; and 6) in the most serious cases, referral of the matter to the Fair Political Practices Commission, District Attorney or grand jury for ethics investigation and/or criminal prosecution. ADMINISTRATION • On a recurrent basis determined by City Council, or as required by law, Council shall review and revise these Council protocols and procedures as needed by amendment of this resolution.