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HomeMy WebLinkAboutD-3 Staff Report - Resolutions Adopting Rotational Mayor and Mayor Pro Tem Policy and Adopting Revised City ProtocolsSCHEDULED ITEM D-3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: NICO DE ANDA-SCAIA, DEPUTY CITY MANAGER MARCO A. MARTINEZ, CITY ATTORNEY DATE: OCTOBER 21, 2024 SUBJECT: RESOLUTION ADOPTING ROTATIONAL MAYOR & MAYOR PRO TEM SELECTION POLICY; RESOLUTION ADOPTING REVISED CITY PROTOCOLS AND GOVERNANCE STANDARDS BACKGROUND: Early this year, the City Council adopted Resolutions and Ordinances to transition from its current at-large electoral system to a by-district electoral system. The district system that was selected included 5 voting districts spread out through the City and eliminates the position of a directly- elected Mayor. The first election under that system will occur in November of this year. On June 17, 2024, the City Council discussed a new Mayor and Mayor Pro Tem selection system that would require these positions to rotate among sitting councilmembers. In addition, the City Council requested that staff review the adopted Protocols and Governance policies to reconcile them with the newly adopted district voting system and clarify their application to other elected and appointed members of boards and commissions. RECOMMENDATIONS: It is recommended the City Council consider adoption of the following Resolutions: 1.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING AND RESTATING RESOLUTION NO. 2023-007 CONCERNING THE SELECTION CRITERIA AND TERM OF THE MAYOR AND MAYOR PRO TEM; and Approved City Council October 21, 2024 Mayor/Mayor Pro Tem Selection and Governance Standards and Protocols October 21, 2024 Page 2 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING EXHIBIT “A” OF RESOLUTION NO. 2022-C09 RELATING TO AMENDED PROTOCOLS AND PROCEDURES FOR THE CONDUCT OF CITY BUSINESS. DISCUSSION: On June 17, 2024, the City Council provided direction concerning a revised Mayor and Mayor Pro Tem selection policy that would provide for a rotation system between both positions. The new policy is similar to the current rotation policy adopted for the selection of Mayor Pro Tem, but incorporates that selection procedure for both the Mayor and Mayor Pro Tem. Further, the new policy starts a new rotation beginning after the November 2024 election. The policy provides as follows: 1. Selection Criteria - January of 2025. After the first election at which Councilmembers are elected based on district voting, at the City Council meeting on the third Monday in January (2025), the Mayor and Mayor Pro Tem shall be selected. The Mayor shall be that Council member with the greatest uninterrupted seniority, which has not previously served as a rotational Mayor. However, if such Council member does not accept the nomination for Mayor, then the next most senior Council member shall be offered the position of Mayor. The Mayor Pro Tem shall be that Council member with the next greatest uninterrupted seniority on the Council, which has not previously served as a rotational Mayor Pro Tem. However, if such Council member does not accept the nomination for Mayor Pro Tem, then the next most senior Council member shall be offered the position of Mayor Pro Tem. 2. Selection Criteria – Post 2025. Annually, at the City Council meeting on the third Monday in January, the Mayor and Mayor Pro Tern shall be selected. The Mayor shall be that Council member that is currently serving as Mayor Pro Tem. If such Council member does not accept the nomination for rotational Mayor, then the next most senior Council member which has not yet served as Mayor or Mayor Pro Tem, shall be offered the position of Mayor. However, if two or more Councilmembers qualify for the position of Mayor by virtue of having equal seniority, then that Council member who received the highest number of votes in their previous November General City Election shall be the Mayor. The person who received the next highest vote total in their previous election shall be Mayor Pro Tem. The incumbent Mayor Pro Tem shall not serve consecutive terms. Revised Protocols & Governance Standards On February 7, 2022, the City Council adopted Resolution No. 2022-C09 adopting protocols and procedures (“Protocols”) for the conduct of City business. Certain references in the Protocols were specific to the former directly-elected Mayor position. Thus, they needed to be updated to the new district-based election system where there is no longer a directly-elected Mayor. In addition, the Protocols were revised to apply to all elected officials and appointed members of City boards and Mayor/Mayor Pro Tem Selection and Governance Standards and Protocols October 21, 2024 Page 3 commissions. The attached Resolution amends Resolution No. 2022-C09 by amending the Protocols that were attached as Exhibit “A” to that Resolution. FISCAL IMPACT: No fiscal impact. Prepared by: Reviewed by: Marco A. Martinez Nico De Anda-Scaia City Attorney Deputy City Manager Fiscal Review by: Reviewed and Approved by: Talika M. Johnson Sergio Gonzalez Director of Administrative Services City Manager Attachments: 1. Rotational Mayor/Mayor Pro Tem Resolution 2. Amended Protocols and Procedures Resolution 3. Revised Protocols and Governance Standards 1 RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING AND RESTATING RESOLUTION NO. 2023-007 CONCERNING THE SELECTION CRITERIA AND TERM OF THE MAYOR AND MAYOR PRO TEM. BE IT RESOLVED by the City Council of the City of Azusa as follows: SECTION 1. That the City Council of the City of Azusa hereby amends Resolution No. 2023-007 in its entirety and adopts the following Mayor and Mayor Pro Tem selection criteria and term of office. (1) Intent. The intent of this Resolution is to ensure that the City's Mayor and Mayor Pro Tem are selected based on objective criteria. Criteria such as seniority and public support as expressed in the number of votes received in an election are to be used as the basis for selecting the Mayor and Mayor Pro Tem. It is the Council's intent to ensure that each member serving on the Council receives the opportunity to serve as Mayor and/or Mayor Pro Tern at least once during his or her four-year term as a Council member. (1) Selection Criteria - January of 2025. After the first election at which Councilmembers are elected based on district voting, at the City Council meeting on the third Monday in January (2025), the Mayor and Mayor Pro Tem shall be selected. The Mayor shall be that Council member with the greatest uninterrupted seniority, which has not previously served as a rotational Mayor. However, if such Council member does not accept the nomination for Mayor, then the next most senior Council member shall be offered the position of Mayor. The Mayor Pro Tem shall be that Council member with the next greatest uninterrupted seniority on the Council, which has not previously served as a rotational Mayor Pro Tem. However, if such Council member does not accept the nomination for Mayor Pro Tem, then the next most senior Council member shall be offered the position of Mayor Pro Tem. (2) Selection Criteria – Post 2025. Annually, at the City Council meeting on the third Monday in January, the Mayor and Mayor Pro Tern shall be selected. The Mayor shall be that Council member that is currently serving as Mayor Pro Tem. If such Council member does not accept the nomination for rotational Mayor, then the next most senior Council member which has not yet served as Mayor or Mayor Pro Tem, shall be offered the position of Mayor. However, if two or more Councilmembers qualify for the position of Mayor by virtue of having equal seniority, then that Council member who received the highest number of votes in their previous November General City Election shall be the Mayor. The person who received the next highest vote total in their previous election shall be Mayor Pro Tem. The incumbent Mayor Pro Tem shall not serve consecutive terms. 2 (3) Term. The Mayor and Mayor Pro Tern shall serve from January until January of each year succeeding year. A new successor shall be selected on the third Monday in January of every year. Notwithstanding this section, the Mayor and Mayor Pro Tem shall continue to serve until his or her successor takes office. SECTION 2. The City Clerk shall certify to the adoption of this Resolution PASSED, APPROVED and ADOPTED this ______ day of October, 2024. Robert Gonzales Mayor ATTEST: Jeffrey Lawrence Cornejo, Jr. City Clerk 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 2024- was duly adopted by the City Council of the City of Azusa, at a meeting thereof held on the ____ day of __________ 2024, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Jeffrey Lawrence Cornejo, Jr. City Clerk APPROVED AS TO FORM: Marco A. Martinez City Attorney Best Best & Krieger LLP 1 RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING EXHIBIT “A” OF RESOLUTION NO. 2022-C09 RELATING TO AMENDED PROTOCOLS AND PROCEDURES FOR THE CONDUCT OF CITY 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, on February 7, 2022, the City Council adopted Resolution No. 2022-C09 adopting protocols and procedures for the conduct of City business; and WHEREAS, the City Council wishes to amend the protocols and procedures to incorporate changes necessitated by the City’s transition to a rotational mayor and mayor pro tem and to make clear they apply to all elected members and all City boards and commissions; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Azusa does hereby: SECTION 1. Exhibit “A” of Resolution No. 2022-C09 is hereby amended in its entirety as shown on the attached Exhibit “A: of this Resolution. SECTION 2. The City Clerk shall certify to the adoption of this Resolution PASSED, APPROVED and ADOPTED this ______ day of October, 2024. Robert Gonzales Mayor 2 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 2024- was duly adopted by the City Council of the City of Azusa, at a meeting thereof held on the ____ day of __________ 2024, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Jeffrey Lawrence Cornejo, Jr. City Clerk APPROVED AS TO FORM: Marco A. Martinez City Attorney Best Best & Krieger LLP 3 EXHIBIT “A” [REVISED PROTOCOLS] 1 EXHIBIT A CITY OF AZUSA PROTOCOLS AND PROCEDURES FOR ELECTED AND APPOINTED OFFICIALS CONDUCT IN GENERAL All members of the City Council, other elected and appointed officials (“Members”) shall abide by the following: All 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, Commission and Board meetings and be familiar with issues on the agenda; • Fully participate in City Council, Board and Commission meetings and other public forums while demonstrating respect, kindness, consideration, and courtesy to others; • Participate in scheduled activities to increase Council, Board and Commission effectiveness; • Represent the City at ceremonial functions; • Be responsible for the highest standards of respect, civility and honesty in ensuring the effective maintenance of intergovernmental relations; • Respect the proper roles of all elected and appointed officials and City staff in ensuring open and effective government; and • Represent the official policies or positions of the City when designated as delegates for this Purpose. 2 CONDUCT WITH ONE ANOTHER City Councils, City Commissions and Boards are comprised 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 Members may "agree to disagree" on contentious issues. In Public Meetings: • Use formal titles Members should refer to one another formally during meetings as Mayor, Mayor Pro Tern, Council Member, City Clerk, City Treasurer, Commissioner or Boardmember 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 presiding officer’s efforts to focus discussion on current agenda items. Objections to the presiding officer’s actions should be voiced politely and with reason, following approved parliamentary procedures. • Demonstrate effective problem-solving approaches 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. 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 PRESIDING OFFICER The Presiding Officer's position is as a leader among equals. The Presiding Officer is to preside at all meetings of their individual meeting bodies and perform such other duties consistent with the position as may be imposed by law or by vote of the people. The Presiding Officer does not possess any power of veto. For purposes of the City Council, the Mayor is the 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 Presiding Officer: • 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 Azusa Utility Board nay establish its own separate rules. 3 • The Chairperson is the presiding officer of at all Board and Commission meetings. In the absence of the Chairperson, the Vice Chairperson shall be the presiding officer. • The Presiding Officers shall recognize the Members, City Manager, Staff and speakers desiring to provide public comment. The Presiding Officer should allow other Members to speak first on items before the body and then the Presiding Officer shall comment. • The Presiding Officer should not permit inappropriate or unauthorized remarks from the audience including applause, stamping of feet, whistles, yells or shouting, and/or similar demonstrations. • The Presiding Officer should manage the agenda in a manner that seeks to move the meeting along. The Presiding Officer may call for a short recess during a meeting when deemed necessary. The Presiding Officer and Members may consider setting reduced time limits for public comment and for adjournment and carrying over certain matters in order to complete the meeting at a reasonable hour, when necessary. • The Presiding Officer will represent the majority opinion of the Council, Board or Commission on all actions/positions taken by the body. CONDUCT WITH CITY STAFF Governance of a City relies on the cooperative efforts of Members, who set and/or recommend policy, and City staff, who analyze problems and issues, make recommendations, and implement and administer the City’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 colleagues, practice civility and decorum in all interactions with City staff. • Council-Manager form of government 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. Board and Commission members should feel free to speak directly with their assigned City staff member. • Channel requests of staff through the City Manager or Assigned Staff Member Members should work through the City Manager or their assigned Department head in dealing with City staff, when possible. Requests of City staff shall be directed to the City Manager or his/her designee or with notice provided to the City Manager. Board and Commission members should work through their assigned Department Head. Members shall not set up meetings with department staff directly, and should avoid staff interactions that may be construed as trying to 4 direct or shape staff recommendations. Members shall refrain from coercing staff in making recommendations to the body as a whole. • Refrain from public criticism of staff Members should avoid publicly criticizing Staff, individual employees or other Members. Criticism is differentiated from questioning facts or opinions. All critical comments about staff performance should only be made to the City Manager or assigned Department Head through private correspondence or conversation. • Consistent and equal sharing of information All Members should have the same information with which to make decisions. Information requested by an individual Member will be made available to all 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 or City Department assigned to a Board or Commission, according to the protocol for channeling communications. Any request, which would require more than one (1) hour of staff time to research a problem and/or prepare a response, will need to be approved by the full body to ensure that staff resources are allocated in accordance with overall Council or Board/Commission priorities. Once notified that a request for information or staff support would require more than one (1) hour, the Member may request that the City Manager or assigned Department head place the item on an upcoming 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 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. 5 • 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 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 or City Manager, 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. CONDUCT WITH EXTERNAL STAKEHOLDERS, PARTNERS & AGENCIES An important role of a Member 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 Member is a part of a larger 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 body and interacting with different stakeholder groups. • Conduct with the Public Members should make the public feel welcome and should listen courteously and attentively to all public comments without partiality, prejudice or disrespect. Members should make no promises to the public on behalf of the City and avoid debating issues with members of the public. 6 • Conduct with Other Agencies 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 Presiding Officer will be charged with transmitting the City's position on policy matters to outside agencies on behalf of the body. In the case that individual Members lobby or discuss with other legislators, government officials, or members of the public issues that have been adopted by the body; they should not represent themselves as the City if it is only an individual issue. Members should show tolerance and respect for other agencies' opinions and issues, and agree to disagree with them when necessary. • Conduct with the Media 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 specific case that individual Council Members interact with the media, they shall represent the City's official position when speaking on behalf of the City [or refer comment to the City Manager’s Office]. Individual Members should indicate if they are making comments that represent their own opinion and not of the City or majority of the governing body. Council Members shall inform the City Manager of interview requests 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. Should non-City Council elected or appointed Members be contacted by media organizations for comment on City matters, these Members shall refer such inquiries or requests directly to the City Manager’s Office or assigned Department Head. • Conduct on Social Media 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 Members should clearly indicate if they are making comments that represent their own opinion and not of the City. 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 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, Boards and Commissions based on professional judgment and analysis of issues, and to implement all adopted policies as directed by the City Manager or assigned Department Head. • Respect the role of Members Staff is expected to provide its best professional recommendations on issues. Staff should not try to determine Member support for particular positions or recommendations in order to craft recommendations. Members must be able to depend upon the staff to make independent recommendations. Staff should provide information about alternatives to staff 7 recommendations as appropriate, as well as pros and cons for staff recommendations and alternatives • Respond to questions fully and expeditiously The protocol for staff time devoted to research and response should be as provided in these protocols. The City Manager and staff will be available to answer questions of prior to and during meetings. Staff will respond to questions from the public during meetings when requested to do so by the City Manager. If a Member forwards a complaint or service request to the City Manager and/or Department Head, there will be follow-through as is practical. • Professionalism and non-partisanship Staff shall demonstrate professionalism and non-partisanship in all interactions with Members, 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 department heads and managers to become aware of, and sensitive to, potentially political or controversial issues affecting the City. Department Heads assigned to Boards and Commissions should communicate such issues as appropriate. OTHER PROCEDURAL ISSUES Public correspondence and use of letterhead • Elected Members may use City letterhead with the City seal only for responses to constituent letters, or for stating City adopted positions. Members of Boards and Commissions do not have access to such resources. • City letterhead may not be used for personal business or to present an opposing view once an official position has been taken by the City Council. • Elected Members may respond to e-mail inquiries using City email if they are comfortable doing so, and assuring the response is consistent with any adopted Council policy and/or stand on the issue; if not, Members are free to refer an e-email inquiry to the City Manager. City 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 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 8 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 body may call a special meeting • Correspondence received by a Member or City staff regarding an agendized item should be forwarded to the City Clerk and City Manager or assigned Department Head to be retained as part of the record and for distribution to the body and public as required by law. A summary of the correspondence may be provided at the meeting. • On any agenda item 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 allotted for public comment on an individual item. • Direction provided at noticed meetings should be in the form of consensus or motion and vote, as necessary. Individual direction provided by a Member during a meeting will be evaluated by the City Manager or Department Head. 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 Member feels it is necessary, then only cursory notes should be permitted. Any written reports or materials presented during closed session should be turned in to staff at the end of closed session. COMPLIANCE AND ENFORCEMENT • Members have the primary responsibility to ensure that ethical standards are understood, and that the public can continue to have full confidence in the integrity of government. • It is the role of the Presiding Officer and Members to intervene when actions of other Members are in violation of the standard protocols and procedures. • Failure of a Member to observe and conduct himself/herself in accordance with these adopted protocols and procedures may result in, but not be limited to, the following actions by a majority of the body: 1) private counseling of the Member by the Presiding Officer, City Manager or City Attorney; 2) letter of warning/reprimand from the body; 3) removal from serving as City representative/liaison to internal Boards and Commissions and to intergovernmental organizations; 4) censure by the City Council; and 5) in the most serious cases, referral of the 9 matter to the Fair Political Practices Commission, District Attorney or grand jury for ethics investigation and/or criminal prosecution pursuant to the authority contained in the Brown Act. ADMINISTRATION • On a recurrent basis determined by City Council, or as required by law, the City Council shall review and revise these protocols and procedures as needed by amendment