Beverly Hills City Council
September 17, 2024

STAFF REPORT
Meeting Date: September 17, 2024
To: Honorable Mayor and City Council
From: Cynthia Owens, Municipal Affairs Program Manager
Subject: City Council Policy Manual
Attachments: 1. City Council Policy Manual – Redline

2. Resolution No. 06-R-12053 – For Reference as it is Listed in the City Council Policy Manual

INTRODUCTION
In August 2021, the City Council directed staff to divide the City Council Policy and Operation manual into two parts, separating the policy items from historical and general information. The City Council Handbook was presented to the City Council on February 6, 2024, and contained historical/general information about the City and the Council. The City Council appeared to have consensus that the information in the City Council Handbook (“Council Handbook”) contained non-policy items and the City Council appeared to agree the Council Handbook could become a living document updated by staff from time to time.

The City Council then started to review the items in the City Council Policy Manual (“Policy Manual”). The first 13 pages of the Manual were reviewed before adjourning to Closed Session.

Staff is returning to the City Council to confirm what there was consensus on at this meeting. Additionally, staff is seeking City Council direction on referring the outstanding items from February 6 where there was no consensus to a City Council Ad Hoc. Finally, Staff is requesting that items in the Policy Manual that were not covered on February 6 as well as any new items the City Council would like to see added to the Policy Manual be directed to a City Council Ad Hoc. Recommendations from the Ad Hoc would then be brought forward to the full City Council for discussion and direction.

DISCUSSION
At the February 6, 2024, City Council Study Session, there appeared to be City Council concurrence that the Council Handbook could become a living document which staff would update from time to time without needing to bring the Council Handbook back to the City Council for formal approval as the Council Handbook is an informational document and not a policy document. This will be brought back as a “C” item at a future meeting as it is updated.

Meeting Date: September 17, 2024
After direction was received on the Council Handbook at the February meeting, staff then began a page by page walk through with the City Council of the Council Policy Manual. As there are two new Councilmembers on the City Council, the proposed changes to the Policy Manual presented on February 6 are included in Attachment 1 to this report.

Items Staff Received Consensus on at the February 6, 2024 Study Session At the Study Session meeting, staff believes there was clear direction from the City Council to codify certain current practices. These are shown below. 1) “Role of the Mayor – Presiding Officer” - page 6 - Clarified the order of who the spokesperson is for the City to “If the Mayor is unavailable, then the Vice Mayor shall represent the City. Should the Vice Mayor be unavailable, then the Councilmember with the highest seniority that is available shall be the spokesperson.” This is consistent with who speaks to the media and with current practice.
2) “Role of the Mayor – Ceremonial Representative” - page 7 – Council requested the wording for “execute proclamations” be updated to “present proclamations”.

Additionally, staff updated the order of who presents the proclamations to be consistent with current practice whereby “The Mayor is vested with the authority to initiate and execute present proclamations. In the Mayor’s absence, the Vice Mayor assumes this responsibility. Should both the Mayor and Vice Mayor be absent, then the Councilmember with the highest seniority that is available shall the mayor will appoint another councilmember to assume this responsibility.” 3) Regular Formal Meetings - page 11 – Council expressed an interest in adding the following two sentences to the end of the paragraph: “On the evening of the formal meeting, should the City Council still be in session at 11:00 P.M., then a vote shall occur as to whether the City Council will continue the items on the agenda to another evening or if the City Council will finish hearing some or all of the items remaining on the agenda. A majority vote of the City Council is required to continue the items to the next meeting.”
4) Public Comment at Council Meetings – page 13 – Staff recommended the word “shall” be changed to “may” in the first sentence of the second paragraph for a speaker to furnish their name and address to align with current practice of not requiring an address.
5) There was a request to add references back to the City of Beverly Hills Municipal Code (“BHMC”) where the policy is a reflection of the BHMC.

Staff will move forward with making these changes to the Policy Manual should the City Council request no additional changes or modifications to the items above.

Items to Refer to Ad Hoc
At the February 6 Study Session meeting, the City Council discussed but did not come to a clear consensus on several items. Therefore, staff is requesting the City Council consider delegating the items below to a City Council Ad Hoc for a recommendation for modifying policy.
• Mayor/Vice Mayor Selection and Rotation – With the change in the election cycle (due to State law) where in non-Presidential election years City elections are in Meeting Date: September 17, 2024
June and in Presidential election years City elections are in March, there is a need to further define the City Council policy on when and how the City Council reorganization meeting occurs and how the City Council would like to address the associated rotational roles for Mayor and Vice Mayor. • Media Relations – There was some discussion on how City Councilmembers should represent statements they are making to the media when those statements represent their opinion rather than the opinion of the City Council. • Social Media Policy – Given a recent U.S. Supreme Court decision (Lindke v.

Freed, 2024), this portion of the Policy Manual will need revision. • Participation in Conferences and Meetings Requiring Travel – Discussion occurred around what domestic conferences, events, and legislative lobbying trips the City would cover expenses for.
• Organization of Formal City Council Meetings – There was discussion as to when “City Councilmember Comments and Committee Reports” should appear on the agenda order as well as what topics could be discussed. It should be noted that the word “Comments” was recommended on February 6 to be added to the title of this portion of the agenda by a majority of the Council. • Agendizing Topics for Discussion – There was a desire to look at how Councilmembers can place items on Study and Formal Session. Additionally, there was a request to look at changing the delivery of agenda packets to Thursday morning. This would require a change to the Beverly Hills Municipal Code.
• There was some discussion on whether or not to codify when the City’s Mayoral Installation and City Council Reorganization Meeting occurs. • There was discussion by the City Council to limit public comment on items not on the agenda at the beginning of the meeting to occur for a set period of time before moving on to agendized items. Public comment on non-agendized items would then continue after the agendized items concluded. The City Council expressed an interest in further exploring what this could look like for the City of Beverly Hills without reaching a decision.

As it has been 15 years since the Council Policy manual was adopted, and only the first 13 pages were reviewed in February, there are still many areas which need to be examined for updates, modifications, and changes. This includes, but is not limited to:
• Aligning Commission items with the current efforts to update City policy and the Beverly Hills Municipal Code around Commissions, Commission appointments, and attendance;
• Examining compensation for City Councilmembers due to changes in state law; • How items are placed on the Study Session and Formal Meeting agendas • Adding more clarity to the section addressing legislation. While the redline does include current practice, the Ad Hoc may wish to update this section.

Moreover, there may be other items the City Council wishes to consider adding due to changes over the past 15 years, which the City Council may bring up at this meeting and the City Council Ad Hoc could explore.

Finally, there is not currently a City Council Ad Hoc established to review, discuss, and provide recommendations on this topic. As some of the questions have to do with the realignment of the City’s elections with state law, the City Council may wish to have the update of the City Council Policy Manual assigned to the City Council Elections Ad Hoc Committee (Councilmember Corman and Councilmember Wells).

Meeting Date: September 17, 2024

FISCAL IMPACT
There is no apparent fiscal impact to the City.

RECOMMENDATION
Staff is requesting the City Council:
1) Confirm what there was consensus on at the February 6, 2024 Study Session meeting.
2) Provide direction on referring the outstanding items from February 6 where there was no consensus to the City Council Elections Ad Hoc Committee. 3) Referring items in the current Policy Manual not addressed on February 6 as well as any new items the City Council would like to see added to the Policy Manual to the City Council Elections Ad Hoc Committee.

Keith Sterling
Deputy City Manager
Approved By
Attachment 1
Rev. <Month> <Year> 1

CITY OF BEVERLY HILLS

CITY COUNCIL

POLICY MANUAL
Revised <Month> <Year>
Table of Contents
CHAPTER 1 - PURPOSE OF MANUAL .................................................................................................................3 CHAPTER 2 - ROLES AND RESPONSIBILITIES OF CITY COUNCIL...........................................................5 MAYOR/VICE MAYOR SELECTION AND ROTATION ....................................................................................................5 ROLE OF THE MAYOR...............................................................................................................................................56 ROLE OF THE VICE MAYOR ........................................................................................................................................6 ROLE OF COUNCILMEMBERS ......................................................................................................................................6 MEDIA RELATIONS.....................................................................................................................................................7 SOCIAL MEDIA .........................................................................................................................................................78 PARTICIPATION IN CONFERENCES AND MEETINGS REQUIRING TRAVEL .................................................................8 COMMITTEES, SUB-COMMITTEES AND AD HOC COMMITTEES.................................................................................9 STAFF RESOURCES AND EQUIPMENT ........................................................................................................................10 CITY COUNCIL MEETINGS ........................................................................................................................................10 Communications with Applicants ........................................................................................................................11 QUASI-JUDICIAL HEARINGS.....................................................................................................................................12 PUBLIC COMMENT AT COUNCIL MEETINGS ............................................................................................................12 ORGANIZATION OF FORMAL CITY COUNCIL MEETINGS......................................................................................1213 AGENDIZING TOPICS FOR DISCUSSION...................................................................................................................13 CHAPTER 3 – CITY TREASURER .......................................................................................................................15 CHAPTER 4 – COMMISSION APPOINTMENTS...............................................................................................17 APPOINTMENT OF CITY COMMISSIONERS...............................................................................................................17 CHAPTER 5 - LEGAL MATTERS AND ETHICS ...............................................................................................26 RALPH M. BROWN ACT AND CLOSED SESSIONS.......................................................................................................26 CONFIDENTIALITY OF CLOSED SESSIONS .................................................................................................................27 CENSURE OF COUNCILMEMBERS ..............................................................................................................................27 CONFLICTS OF INTEREST ..........................................................................................................................................27 RESTRICTIONS AFTER LEAVING OFFICE...................................................................................................................28 STATEMENT OF ECONOMIC INTEREST.......................................................................................................................30 MASS MAILINGS OR NEWSLETTERS .........................................................................................................................31 CHAPTER 6 – BENEFITS AND PRIVILEGES....................................................................................................33 COMPENSATION........................................................................................................................................................33 SUBMISSION OF TIMECARDS.....................................................................................................................................33 PERSONNEL BENEFITS ..............................................................................................................................................33 KEY CARD AND ACCESS TO CITY HALL ...................................................................................................................34 PARKING ..................................................................................................................................................................34 CHAPTER 7 - OTHER CITY COUNCIL POLICIES ..........................................................................................36 TECHNOLOGY RESOURCE POLICY ............................................................................................................................36 BUSINESS MEETING PROTOCOL POLICY ................................................................................................................37 USE OF CITY STATIONERY AND CITY SHIELD/SEAL ...............................................................................................37 CITY RECOGNITION AND GIFTS POLICY..................................................................................................................38 Rev. <Month> <Year> 2
RESPONDING TO LETTERS AND EMAILS POLICY ....................................................................................................41 CITY RESPONSES TO LOCAL, STATE, AND FEDERAL LEGISLATIVE ACTIONS ........................................................43 DESIGNATION OF HONORARY TITLES .....................................................................................................................45 Rev. <Month> <Year> 3
CHAPTER 1 - Purpose of Manual
The Beverly Hills City Council Policy and Operations Manual is a compendium of City Council approved policies and practices to assist the City Councilmembers. Procedures and guidelines are established so expectations and practices can be clearly articulated to guide City Councilmembers and staff in their actions.

City Council affairs are enhanced by the agreement to practices, roles and responsibilities between the City Council and staff. This document conveys these mutual understandings. It is intended and expected that the manual will be updated as often as there are changes or additions by the City Council. Therefore, it will be a “living” document with ongoing updates and modifications.

In the course of serving as a public official, there are myriad of issues. This manual attempts to centralize policies and procedures on common issues related to local government. This manual is intended to be a guide and is not a substitute for the law or counsel, guidance, or opinion of the City Attorney.

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Rev. <Month> <Year> 5
CHAPTER 2 - Roles and Responsibilities of City Council
Mayor/Vice Mayor Selection and Rotation
The Mayor and Vice Mayor are elected among and by the presiding City Council. In 2020, the City Council directed the transition of these positions shouldall take place annually during the month of April. Under state law, the City no longer holds independent stand-alone elections and therefore must align its elections with the state. As such, the City of Beverly Hills now consolidates municipal elections with the Los Angeles County Registrar-Recorder/County Clerk’s office, which occurs in the month of March in Presidential election years and in June in non-Presidential election years. The results of those elections are often not available from Los Angeles County until close to 30 days after the date of the election.

Since 1981, the election of the Mayor and Vice Mayor is as follows:
• The positions of Mayor and Vice Mayor are rotated each year amongst the City Councilmembers.
• The election of Councilmembers to these positions must be voted upon and confirmed at a formal City Council meeting.
• The Vice Mayor becomes the Mayor (except in the cases where the Vice Mayor’s term concludes before becoming Mayor and/or does not run or is not re-elected to the City Council).

The position of Mayor typically follows a sequence based on (a) election date and (b) order of finish (based on the number of votes each candidate receives) within each election. For instance, the third-place vote recipient in the 1998 election would become Mayor before the top vote recipient in the 2000 election. This same sequence applies to the position of Vice Mayor.

Listing Names of Councilmembers
The order of presenting City Councilmember names has the Mayor and Vice Mayor listed first followed by the seniority of the remaining Councilmembers. Should two or more Councilmembers have the same seniority, then seniority is based on the first election of those Councilmembers as noted in the preceding section.

Seating on the Dais
Seating on the dais is within the discretion of the Mayor. Notwithstanding, historically, seating on the dais is based on seniority following the rotation established for the position of Mayor. Protocol dictates that the Vice Mayor sits to the right of the Mayor. To the left of the Mayor sits the Councilmember with the most seniority. To the left of this Councilmember, next to the City Attorney, sits the Councilmember with the least seniority. The last remaining seat, beside the Vice Mayor and next to the City Manager, is the Councilmember that follows in seniority behind the Councilmember sitting to the left of the Mayor. Should two or more Councilmembers have the same seniority, then seniority is based on the first election of those Councilmembers as noted in the preceding section.

Also seated near the dais are the City Clerk, Assistant City Manager, and the Deputy City Manager.

Role of the Mayor
Rev. <Month> <Year> 6
Presiding Officer
The Mayor serves as the presiding officer and acts as Chair at all meetings of the City Council. In this role, the Mayor is responsible for maintaining the order and decorum of meetings. The presiding officer shall also maintain control of communications between Councilmembers and between the City Council and the public. The Mayor may participate in all discussions of the Council in the same manner as any other member. The Mayor does not possess any power of veto. The Mayor may make or second any motion. The Mayor acts as signatory to all documents requiring Council execution. The Mayor is the spokesperson for the Council. If the Mayor is absent, then the Vice Mayor is the spokesperson for the City Council. Should the Mayor and Vice Mayor be absent, then the most senior Councilmember will become the presiding officer., but may designate other Councilmembers in his/her absence.

Ceremonial Representative
Responsibility to act as the City Council’s ceremonial representative at public events and functions has been assigned to the Mayor. The Mayor is vested with the authority to initiate and execute present proclamations. In the Mayor’s absence, the Vice Mayor assumes this responsibility. Should both the Mayor and Vice Mayor be absent, then Mayor will appoint anotherthe most senior Councilmember towill assume this responsibility.

Role of the Vice Mayor
In the absence of the Mayor, the Vice Mayor will be the acting Mayor and shall assume all functions and duties of the Mayor at the public meetings.

Role of Councilmembers
City Councilmembers are collectively responsible for establishing policy, adopting the annual budget, and providing vision and goals to the City Manager. Councilmembers shall request the floor from the presiding officer before speaking. Should the Mayor and Vice Mayor not be present at a City Council meeting where a quorum exists (3 of 5 members must be present), then the Councilmember with the highest seniority shall preside over the meeting unless otherwise determined by the City Council. The following briefly outlines a generic list of various duties of City Councilmembers.

1. Establish Policy
a. Adopt goals and objectives
b. Establish priorities for public services
c. Approve/amend the operating and capital budgets
d. Approve contracts and purchase orders*
e. Adopt resolutions

2. Enact Local Laws
a. Adopt ordinances

3. Supervise Appointed Officials
a. Appoint City Manager, City Clerk, and City Attorney
b. Evaluate performance of City Manager, City Clerk, and City Attorney c. Establish advisory boards and commissions
d. Make appointments to advisory bodies
e. Provide direction to advisory bodies

4. Provide Public Leadership
a. Relate wishes of constituents to promote representative governance b. Mediate conflicting interests while building a consensus Rev. <Month> <Year> 7
c. Call special elections as necessary
d. Communicate the City’s vision and goals to constituents e. Represent the City’s interest at regional, county, state, and federal levels

5. Decision-Making
a. Study problems
b. Review alternatives
c. Determine best course of public policy
The City Council establishes the purchasing authority of the City Manager, Director of Finance/Purchasing Agent, and Department Heads through updates to the municipal code.

Currently, the City Manager has a limit of $100,000 for purchases and contracts and up to $200,000 for urgently needed purchases or contracts. The Director of Finance/Purchasing Agent has a limit of $50,000 for purchases and contracts. The authority of Department Heads to approve purchases or contracts is $10,000. All purchases or contracts over $100,000 shall be awarded by the City Council. The appropriate contracting officer may approve a multiyear contract, provided the total value dues not exceed three times their respective purchasing authority. Purchases and contracts above $10,000 and below $100,000 shall be reported to the City Council on an annual basis.

Media Relations
The Mayor is the lead spokesperson for the City Council when the media is seeking comment from the City, or the City is working with the media to distribute a message. This includes all items that are official City business or City policy. If the Mayor is unavailable, then the Vice Mayor shall represent the City in these communications. Should the Vice Mayor be unavailable, then the Councilmember with the highest seniority that is available shall speak to the media.

Unless authorized, Nno City Councilmember, Commissioner, City Administrator, or any City Department shall represent themselves as a spokesperson for the City or the City Council to the media.

Should a City Councilmember be contacted directly by the media regarding City business or policy, then they should advise the Mayor, the City Manager, and Deputy City Manager when that contact occurs as the Mayor is the primary spokesperson for the City. If they are contacted on a non-City related business or policy, then no notification is necessary.

In instances where a Councilmember is providing comments to the media on actions taken by the City Council where those comments do not align with the City’s official position, then the Councilmember shall clearly state they are expressing only their individual views and that their statements do not reflect the view of the City Council.

Media training is available for all City Councilmembers.

Social Media
Any City Elected Official’s social accounts that are used to communicate to constituents shall include a link back to the City’s official website for detailed information.

A City Elected Officials use of social media shall be conducted in conformance with all provisions of the Brown Act.

Rev. <Month> <Year> 8
A City decision maker, which include Councilmembers and Commissioners, in a quasi-judicial matter should refrain from commenting upon the matter and thus should avoid “friending” or “liking” parties and their representatives involved in as quasi–judicial matter during the pendency of that matter.

Unless a City Elected Official has been designated to serve as a spokesperson, City Elected Officials should never represent themselves as a spokesperson for the City Council; a City Board, Commission, or Committee; the City Administration; or any City Department.

City Elected Officials and City Commissioners should be mindful that posting content regarding City related matters could inadvertently result in the violation of the Open Meeting Law.

City Elected Officials should consider whether liking, sharing, retweeting, or commenting on any social media posts could be perceived as an endorsement of or about the City, its employees, constituents, other public officials, suppliers, vendors, or contractors.

Councilmember shall not directly respond to a social media post by another councilmember concerning a matter within the City’s subject matter jurisdiction, including Tthe use of digital icons that express reactions to a communication made by other City Councilmembers are prohibited and violates Assembly Bill 992: Open Meeting Laws and Social Media (2020).

City Elected Officials should avoid communications on their personal social media accounts that may be construed as official City Business. City Elected Officials should limit their personal social media accounts, as opposed to their official accounts, to personal relationships but also refrain from posting about City activities, cross-posting between personal and official accounts, sharing their official positions, and communicating with constituents on their personal social media accounts.

When applicable, City Elected Officials may repost items through the tagging feature initiated by the City.

It is the responsibility of the City Councilmembers and the City Treasurer to maintain and/or post on all of their respective social media accounts. City Staff may only assist with social media postings on official City social media accounts.

Participation in Conferences and Meetings Requiring Travel It is the City Council’s practice to attend professional conferences and meetings related to City business at the City’s expense. Such conferences and meetings include the economic development missions with the Beverly Hills Chamber of Commerce, U.S. Conference of Mayors, National League of Cities, League of California Cities, Independent Cities Association, Southern California Association of Governments, Los Angeles Economic Development Corporation, and California Contract Cities Association, and the Metropolitan Water District of Southern California tour(s). Included in this are conferences, events, and legislative lobbying trips to Sacramento, California or Washington, D.C. which are associated with these organizations or their subdivisions. Additionally, if a City Councilmember is serving on the Board of these organizations or other significant organizations such as the Clean Power Alliance, then attendance at conferences, events, and legislative lobbying trips are included as preauthorized travel for the Councilmember where no further approval by the City Council would be required. The Mayor and Rev. <Month> <Year> 9
Vice Mayor are the designated representatives for the City for the Beverly Hills Chamber of Commerce economic development missions. The Mayor is the designated representative for the U.S. Conference of Mayors.

Any City Councilmember may elect to attend another conference or meeting. Consistent with State Law, on March 7, 2006, the City Council adopted a policy regarding reimbursement of expenses. Resolution No. 06-R-12053 is incorporated into the Council policy chapter of this manual. Consistent with this Resolution, international travel that is to be reimbursed by the City must be preapproved by the City Council. Should a City Councilmember wish to represent the City at a Conference inside the United States that is not mentioned above, then the Councilmember shall seek City Council preapproval unless the organization for the event is fully funding the Councilmember’s attendance at no cost to the City. A City Council member may attend any number of conferences and not be reimbursed by the City when traveling solely to represent themselves and not the City.

Committees, Sub-Committees and Ad Hoc Committees
Committees
The Mayor selects Councilmembers on an annual basis to serve as liaisons to commissions or staff to provide input and feedback on projects, commission agendas, and a variety of topics. The City Council liaisons may be reflective of the City Council’s sentiment, but they do not represent the final decision of the City Council.

Some examples of City Council Liaison Committees are:
• Architectural Commission Liaison
• Arts and Culture Commission Liaison
• Cultural Heritage Commission Liaison
• Charitable Solicitations Commission Liaison
• Design Review Commission Liaison
• Health and Safety Commission Liaison
• Human Relations Commission Liaison
• Planning Commission Liaison
• Property Owners Task Force
• Public Works Commission Liaison
• Recreation and Parks Commission Liaison
• Small Business Task Force
• Traffic and Parking Commission Liaison
Some examples of Committees are:
• Audit and Finance Committee
• Community Charitable Foundation Committee
• Legislative / Lobby Committee
• Litigation Committee
• Next Beverly Hills Committee
• Sunshine Task Force
Establishment of Ad Hoc Committees
Rev. <Month> <Year> 10
The Mayor may establish an ad hoc committee of the City Council for review of a specific area or specific issue.

Staff Resources and Equipment
• Staff Resources - The City Manager is the liaison between the Council and City staff and determines the protocol for the relationship between Councilmembers and staff. At this time, general requests for information may be made directly to Department Heads who will advise the City Manager. The information requested will be copied to all members of Council so that each member may be equally informed. City Councilmembers shall not contact lower-level staff directly, unless the Councilmember has pre-designated approval to work directly with staff from the Department Head and/or the City Manager.

There are limited restrictions when information cannot be provided. The City is legally bound not to release certain confidential personnel information. Likewise, certain aspects of Police Department affairs (e.g., access to restricted or confidential information related to crimes) may not be available to members of the City Council.

City Council Meetings
The City Council is required to establish a time and place for holding regular meetings.

The City holds two types of meetings: study and regular formal session meetings. • Regular Formal Meetings - The City Council holds formal meetings in the City Council Chamber of the City Hall, located at 455 N. Rexford Drive, typically on the first and third Tuesday of each month at 7:00 P.M. and on such other days and times as necessary. A special meeting may be ordered in accordance with the provisions of the Government Code. When the day for any formal meeting of the City Council falls on a legal holiday, the meeting is not held on such holiday but in general is held at the same hour on the next succeeding Tuesday. On the evening of the formal meeting, should the City Council still be in session at 11:00 P.M., then a vote shall occur as to whether the City Council will continue the items on the agenda to another evening or if the City Council will finish hearing some or all of the items remaining on the agenda. A majority vote of the City Council is required to continue the items to the next meeting. • Study Session Meetings – The City Council holds study session meetings in the Council Chamber of the City Hall typically on the first and third Tuesday of each month at 2:30 P.M. and on such other days and times as necessary. A special study session meeting may be ordered in accordance with the provisions of the Government Code. When the day for any study session meeting of the City Council falls on a legal holiday, the meeting is not conducted on such holiday but in general is held at the same hour on the next succeeding Tuesday. The study session shall be a regular meeting of the City Council for all purposes. While the City Council may take formal action at a study session meeting, it is the aim of the City Council that the public comment on major items should generally occur at the formal session.
• Special Meetings - If there is a need to conduct City business for any reason, the City Council can hold a special meeting. A special meeting is a meeting that is held at a time or place other than the time and place established for regular meetings (e.g. formal or study session meetings described above).

Rev. <Month> <Year> 11
• Adjourned Meetings - If the City Council cannot conclude the business items in its agenda at a regular meeting (e.g. regular formal or study session meeting) or at a special meeting, the City Council can adjourn that meeting to another time. • Closed Session Meetings - The City Council may convene a “closed session” during a City Council meeting in order to meet without the public with staff and the City Attorney on specifically enumerated topics such as personnel evaluations, threats to public safety, labor negotiations, pending litigation and real estate negotiations. Members of the public may provide public comment on items listed on the Closed Session agenda, but are not permitted to participate in the closed session meeting. Typically, Closed Sessions are held on the same day as a City Council meeting. The City Council may schedule a Special Closed Session meeting independent of any other meetings, as needed. • Emergency Meetings - The City Council can call an “emergency” meeting when prompt action is needed to address certain dire emergencies, such as but not limited to a terrorist act or crippling disaster. Emergency declarations may be determined at this meeting. • Teleconferencing - Teleconferencing may be used as a method for conducting meetings whereby members of the City Council may be counted towards a quorum and participate fully in the meeting from remote locations. There are, however, certain requirements that must be followed in order to comply with state law regarding open and public meetings and the City Attorney shall be consulted prior to participating by teleconferencing due to potential changes in state law.
• Liaison Meetings - The Mayor assigns City Councilmembers on an annual basis to serve as Liaisons to Commissions or other City Committees. The City Councilmembers assigned to the Liaison Committees and Commissions provide recommendations to staff and Commissions on projects and/or provide direction on assignments prior to the item appearing on a City Council agenda.

Communications with Applicants
From time to time the City Council will be called upon to exercise its quasi-judicial function. In other words, the City Council will sit as a “judge” in determining whether a particular land use entitlement, such as a variance, subdivision map or a conditional use permit, is appropriate for a particular piece of property. Generally, the City Council will hear and determine appeals of quasijudicial decisions of the Planning Commission.

Applicants and/or their legislative advocates in such decisions may want to meet with individual members of the City Council. In those instances, individual meetings with an applicant and/or their legislative advocates are inappropriate as the City Council is limited to only considering evidence presented as part of the public hearing. In other matters, which may be legislative in character, meetings with applicants and/or their legislative advocates shall take place in City Hall with a member of City staff present.

If a Councilmember does receive relevant information about a quasi-judicial matter outside of the public hearing, the Councilmember is required to publicly announce the information learned at the formal hearing and before testimony begins. This allows the affected parties to react to the information a Councilmember has heard, give the Councilmember relevant background and, sometimes, correct erroneous information.

Rev. <Month> <Year> 12
Quasi-Judicial Hearings
The City Council sets the order of testimony for quasi-judicial hearings before the City Council, the Design Review Commission, the Culture Heritage Commission, and the Architectural Commission. At the March 6, 2018 City Council meeting, the City Council adopted an order for taking testimony after the staff report is given and questions from the City Council. This order is subject to change based on action of the City Council and would become part of the script for quasi-judicial hearing order provided to the Mayor and/or Commission Chair prior to a quasijudicial hearing.

The City of Beverly Hills Municipal Code (BHMC) states that any paid legislative advocate (Lobbyist) that engages in communication with the City must fill out a form for that project within 10-days of being hired by the client. Lobbying occurs when someone, regardless of title, is paid to influence a City action on behalf of another person or organization. To ensure the public is informed about significant levels of lobbying activity, City law requires those who qualify as lobbying entities to register with the City of Beverly Hills and disclose a variety of information, including their clients and the City actions they attempt to influence. Any Legislative Advocate who appears before the City Council must identify themselves as a Legislative Advocate for the matter being discussed.

Public Comment at Council Meetings
Any person desiring to address the City Council during a regular formal or study session meeting shall first secure the permission of the presiding officer.

Each person desiring to address the City Council may should furnish their name and address to the City Clerk. When called upon by the presiding officer, the person shall come to the microphone, and shall limit their remarks as directed by the presiding officer with the consent of the City Council. All remarks shall be addressed to the City Council as a body and not to any member thereof. No person, other than a City Councilmember and the person having the floor, shall be permitted to enter into any discussion without the permission of the presiding officer.

Whenever any group of persons wishes to address the City Council on the same subject matter, it shall be proper for the presiding officer to request that a spokesperson be chosen by the group to address the City Council and, in the event additional matters are to be presented at the time by any other member of such group, to limit the number of persons so addressing the City Council in order to avoid unnecessary repetition before the City Council.

Members of the public are invited to place telephone calls to comment on issues not on the regular formal or study session meeting agenda.

In times of a declared state of emergency, when meetings are conducted solely through teleconference, the City Council shall take all public comment via video, telephone, or written comment which will be read into the record or summarized for the record. The telephone number for public comment is listed on each agenda.

Members of the public may also send text messages on any City-related topic to 310-596-4265.

City staff will acknowledge receipt of the text message within one business day; however, resolution of issues may take longer.

Organization of Formal City Council Meetings
Rev. <Month> <Year> 13
A. Roll call;
B. Presentations;
C. Oral communication from the audience;
i. Audience Comments
D Parking Authority Consent Calendar (if the meeting of the Parking Authority is combined with the Formal City Council meeting)
E. City Council Consent Calendar
i. Items pulled from consent calendar for discussion
F. Public hearings
G. Continued and new business
H. i. Report from City Attorney on Closed Session Items ii. Report from the City Manager
iii. City Councilmember Comments and Committee Reports
I. Commission synopses
J. Other business
K. Adjournment
Agendizing Topics for Discussion
The policy concerning placing items on City Council meeting agenda can be found in Chapter 7 - Other City Council Policy chapter of this manual.

The City Clerk shall prepare the agenda of all such matters according to the order of business and cause a complete copy of such agenda, with related material, to be emailed or delivered to each City Councilmember, the City Manager and the City Attorney on the Friday preceding the day of a regular meeting. If a City Councilmember is not available or at home to receive the packet, then the documents will be left in their City Council office. The agenda shall be available for public inspection in the City Library and in the City Clerk's Office at least seventy two (72) hours prior to the meeting.

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CHAPTER X3 – City Treasurer
The elected office of the City Treasurer was established in 1962 and this official performs duties and functions as described by the State Government Code commencing with Section 41000.

In the event of a declaration of a state of emergency or local emergency, if the City Treasurer is unavailable, the deputy City Treasurer who also serves as the Director of Finance/Chief Financial Officer shall exercise the powers of the City Treasurer.

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CHAPTER 4 – Commission Appointments
Appointment of City Commissioners
Purpose - The process for appointing City Ccommissioners is an unbiased process that results in the most qualified applicants being appointed to fill Ccommission vacancies. The qualifications and terms of service for each Ccommission are set forth in the Beverly Hills Municipal Code. This policy reflects the City Council’s position on the process for recruiting, selecting and appointing Ccommissioners.

Scope -– The City Council shall create such Ccommissions as required by state law or as deemed appropriate for the performance of specific City functions. Commissions shall be created by ordinance. (1962 Code § 2-13; amd. Ord. 92-O-2156, eff. 12-11-1992). Every cCommission shall continue indefinitely until abolished by the City cCouncil.

Definitions - For the purpose of this policy:

Scheduled Vacancies: A vacancy on a Ccommission that has occurred due to the expiration of a commissioner’s term.

Unscheduled Vacancies: A vacancy on a Ccommission that has occurred for any reason other than by expiration of a Ccommissioner’s term as set forth in section 1770 of the California Government Code.

Commission: An agency charged with the consideration of an indefinitely recurrent sequence of transactions and whose members serve for a specified term and hold meetings on a regular publicized schedule.

Scheduled Vacancies - The procedure for filling scheduled vacancies is as follows:

Six to twelve months in advance (noticing/application period):
• Announce vacancy – two month application period begins. • Publish notice in local papers.
• Post on cable TV.
• Email Mail notice to Team Beverly Hills current members and alumni. • Commissioners are encouraged to promote openings as advertised by the City. recruit applicants.
• Use of City’s social media platforms.
• Scheduled commission vacancies are to be recruited at least one-year in advance of the appointment. Once the City Council approves the selection, the individual is required to attend all commission meetings up to the day they are sworn in. This is to provide for a smooth transition for newly appointed commissioners who will be taking the place of those leaving the commission.
• Background check will be required for all newly appointed Commissioners.

To preserve the integrity of the application and interview process, applicants must direct all inquiries to the City Clerk, City Manager or the department dDirector of the applicable department.

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Applicants are prohibited from making contact with the cCouncilmembers, or members of the cCommission on which the vacancy exists, to lobby for appointment.

One-year Four months in advance (application review/interview period):
• Close application filing period IF:
o Minimum of three3 applicants for one1 vacancy.
o Minimum of five5 applicants for two2 vacancies.

NOTE: At the discretion of the City Council, the application filing period may be extended when the minimum number of applications has been reached (following the same procedures set forth when the minimum number of applications is not reached). • Extend application filing period for 30 days if minimum number of applicants is not reached:
o Publish notice in local papers.
o Post on cable TV.
o Email Mail notice sent to Team Beverly Hills current & alumni members. o Encourage commissioners to share information about openings. assist in recruitment.
• Establish interview panel:
o Two City cCouncilmembers are chosen using the Commission Liaison list or a rotation of cCouncilmembers to be determined.
o Chair and& Vice Chair of the cCommission on which vacancy exists, unless either one is not available to participate.
• Confirm interview dates/times:
o City Clerk provides interview schedule and copies of applications to fullthe City Council Liaisons and Ccommission Cchair and vVice Cchair. o Notice of interviews is to be posted.
o Interview questions discussed by panel in advance at the meeting to ensure all applicants are asked the same core set of questions.
o Interviews conducted by panel.
o At conclusion of interviews, the City Clerk or a designated City staff member will record the recommendation from the interview panel, and prepare the written report to be forwarded to the City ManagerCouncil.
o City Manager Clerk transmits interview panel written report to City Council. o A copy of the application of the interviewee(s) selected for the vacancy sent under separate cover in conjunction with the written report to City Council.City councilmembers NOT on the interview panel have 30 days to interview any/all candidates following receipt of the written recommendati Two to six months in advance (appointment period):
• Commission appointment is placed on the City Council formalstudy session agenda and then if approved, on the formal consent meeting agenda at a future City Council meeting. • Commission cChair and vVice cChair invited to attend the City Council meeting. • At the study session meeting, discussion and recommendations are provided by the City Council. At the formal meeting, the City Council will vote on the appointment of the Commissioner on consent calendar.
• Nomination and vote takes place.
• City Clerk prepares resolution for adoption at the first meeting following the vote appointing member to the commission.

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• City Clerk prepares certificate of appointment and schedules newly-appointed commissioner to attend the next, or a future, Council meeting to receive certificate. • Candidates may call the City Clerk’s Office on the packet Friday when an appointment is scheduled for the following Tuesday Informal Mestudy session meeting. • Candidates will be sent letters the next day following City Council recommendation. • All applicants are strongly encouraged to attend Ccommission meetings prior to the interviews.
• Newly-appointed cCommissioner attends cCommission meetings to observe prior to effective date of term.

Unscheduled Vacancies
The procedure for filling unscheduled vacancies is as follows: (Same procedure as above except noticing/application procedure is reduced.)
For unscheduled vacancies, the City Council will need to provide the City Clerk with direction on how they would like to proceed. Shall the vacancy be immediately advertised or a temporary appointment of a City Council approved resident until the term concludes for the vacancy.

When possible, Ffour months in advance (noticing/application period):
• Announce vacancy – six6- week application period begins. • Publish notice in local papers.
• Post on cable TV.
• Email Mail notice sent to Team Beverly Hills current &and alumni members. • Commissioners are strongly encouraged to recruit applicants from Team Beverly Hills members and the community-at-large.
• Background checks will take place for all newly appointed City commissioners.

To preserve the integrity of the application and interview process, applicants must direct all inquiries to the City Clerk, City Manager, or the Department Director. Applicants are prohibited from making contact with the cCouncilmembers, or members of the cCommission on which the vacancy exists, to lobby for appointment.

When possible, Ttwo and a half months in advance (application review/interview period) • Close application filing period IF:
• Minimum of three applicants for one vacancy.
• Minimum of five applicants for two vacancies.

NOTE: At the discretion of the City Council, the application filing period may be extended when the minimum number of applications has been reached (following the same procedures set forth when the minimum number of applications is not reached).

Extend application filing period for 30 days if minimum number of applicants is not reached:
• Publish notice in local papers.
• Post on cable TV.

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• Email Mail notice to Team Beverly Hills current &and alumni members. • Encourage commissioners to assist in recruitment.

Establish interview panel:
• Two City Ccouncilmembers are chosen using the commission liaison list or a rotation of Ccouncilmembers to be determined.
• Chair and Vvice cChair of cCommission on which vacancy exists. • Confirm interview dates/times
• City Clerk provides interview schedule and copies of applications to full City Council and cCommission cChair and vVice cChair.
• Notice of interviews is posted.
• Interview questions discussed by panel in advance to ensure all applicants are asked the same core set of questions.
• Interviews conducted by panel.
• At conclusion of interviews, a City staff member will record the recommendation from the interview panel, and prepare the written report to be forwarded to City Manager. • City Manager Clerk transmits interview panel written report to City Council. • A copy of the applications of the interviewee(s) selected sent to the interview panel, City Manager, and appropriate department head under separate cover in conjunction with the written report to City Council.
• City Clerk’s office will post the redacted (for personal info) application on the City website for public access prior to City Council consideration.
• City councilmembers NOT on the interview panel have ONE WEEK to interview any/all candidates following receipt of the written recommendations.

One Month in Advance or Earlier (Appointment Period):
• Commission appointment is placed on the City Council formalstudy session agenda first, then if approved by the City Council placed on the formal meeting consent agenda at a future meeting.
• Commission chair and vice chair invited to attend the City Council meeting. • Study Session will have discussion and recommendations. The Formal Session the City Council will vote on the consent item. Nomination and vote takes place. • City Clerk prepares resolution for adoption at the first meeting following the vote appointing member to the commission.
• City Clerk prepares certificate of appointment and schedules newly-appointed cCommissioner to attend the next, or a future, City Council meeting to receive certificate. • Candidates may call the City Clerk’s office on the packet Friday when an appointment is scheduled for the following Tuesday Informal Meetingstudy session meeting. • Candidates will be sent letters the next day following City Council recommendation. • All applicants are strongly encouraged to attend Ccommission meetings prior to the interviews.
• Newly-appointed Ccommissioner attends Ccommission meetings to observe prior to effective date of term.
• Any person appointed to a cCommission shall serve without compensation for service on such Ccommission.

ELIGIBILITY REQUIREMENTS
.

Residency requirement: Applicant must be a resident of the City for a minimum of two years prior to filing an application. Note: Residency requirement does not apply to certain Architectural Rev. <Month> <Year> 21
and Human Relations Commission positions. Applicant’s residence must be such that it would entitle them to register to vote in Beverly Hills municipal elections. Applicants are not required to be registered voters. If additional information is required, then a copy of the applicants utility bill may be requested.

COMMISSION TERMS
The following terms apply to each Ccommissioner appointed:

Initial term of two years. At the discretion of the City Council, Ccommissioners may be reappointed to a second term. Appointments to a second term shall be for four (4) years. The City Council may appoint any Ccommission member or members to terms shorter or longer than those set forth in this subsection if the City Council determines that a shorter or longer term or terms are appropriate to stagger the terms of appointees so that the terms of all or a majority of members do not expire concurrently or inappropriately close in time.

The process for a reappointment to additional four year term is as follows:
• City Clerk requests confirmation letter from cCommissioners eligible for reappointment six months in advance.
• Liaison Ddepartment provides City Clerk with attendance and voting recusal record of Ccommissioner seeking reappointment.
• City Clerk notifies City Council lLiaisons and the Department Head of those cCommissioners requesting reappointment and provides attendance and voting recusal records.
• Department HeadCity Clerk coordinates the interview for the re-appointee with the City Council Liaisons. This meeting is usually if there are concerns and is at the request of the liaisons.
• If meeting is held, then the City Council Liaisons will forward recommendations to the City Clerk for further processing
• City Council Liaisons send recommendation to Department Head and City Clerk. • Reappointment placed on Informal City Council Agendathe study session agenda. • If any City cCouncilmember wishes further discussion of the recommendation, attendance or voting recusal record, the issue will be agendized for public discussion. • If there is no City cCouncilmember concern, seeks further consideration within 30 days of notice, the reappointment will be automatically be placed on the City Council formal meeting consent agenda for adoption.

CRITERIA FOR INTERVIEW PANEL AND FINAL VOTE
The following is the policy for the official City Council vote on the recommendation of candidates for Ccommission positions:
• Councilmembers are not obligated to support the lLiaison cCommittee recommendation. • No requirement for City cCouncilmembers to recuseal themselves from the final vote. • If there are two appointments to same Ccommission or the same effective date, seniority shall be selected by lot. The City Clerk shall preside over this selection by lot or that seats seniority.
• Commission appointment is placed on the City Council formal meeting agenda for adoption.
• Councilmembers vote on ballots provided by the City Clerk, including the names of all applicants who have been interviewed.

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• City Manager Clerk announces results.
• Ballots are public records and available for inspection.

RESOLUTION & CERTIFICATE OF APPOINTMENT
The City Clerk prepares the resolution for adoption at the first meeting following the vote appointing the member to a cCommission. The City Clerk also prepares a Certificate of Appointment and schedules the newly appointed cCommissioner to attend the next, or a future, Council meeting to receive the certificate.

If there are two appointments to the same Commission or the same effective date, seniority shall be selected by lot. The City Clerk shall preside over this selection by lot or that seats seniority.

NEWLY APPOINTED COMMISSIONERS
Each candidate will be invited to a subsequent meeting to receive their Certificate of Appointment.

A Form 700 (Statement of Economic Interests) is due for filing within 30 days of assuming office.

A listing of all Ccommissioners will be updated and distributed by the City Clerk’s Office.

TERMINATION OF COMMISSION MEMBERSHIP
• Membership shall terminate automatically upon resignation or death of a member. • If a cCommission regularly meets once per month, and a Commissioner misses three (3) regularmembership shall terminate automatically if a member is absent from four (4) meetings withinduring a twelve (12) month period, then the Commissioner shall meet with an ad hoc committee appointed by the Mayor to discuss the reasons of the absences. If the ad hoc committee believes such absences will continue, then the item will be placed on a City Council agenda for consideration. At its sole discretion, . Additionally, the City Council may consider removing any member who is absent from three (3) meetings within a twelve (12) month period.:
o Excuse the absences and appoint a temporary Commissioner if the absences are due to illness.
o Remove the Commissioner and potentially appoint a temporary Commissioner until such time a new Commissioner can be appointed.
• If thea cCommission meeting occurs regularly meets at least twice per month, and a Commissioner misses four (4) regular meetings membership shall terminate automatically if a member is absent from eight (8) meetings within a twelve (12) month period, the same protocol mentioned above will apply for possibly replacing the Commissioner. Additionally, the City Council may consider removing any member who is absent from six (6) meetings within a twelve (12) month period.
• Membership shall terminate automatically if a member ceases to reside in the City, unless residencye is not required for membership.
• Membership shall terminate automatically if a member's office would be vacated under the provisions for disqualification from office set forth in section 1770 of the California Government Code provided, however, that the provisions of this section governing absences shall supersede the provisions of section 1770 regarding absences. • In addition, the City Council may remove any member from a cCommission for any reason.

Such removal may be accomplished by resolution or minute order of the City Council. • When starting to recruit for a vacancy, the City Clerk is to notify the Public Affairs Executive DirectorChief Communications Officer and lLiaison Ddepartment hHead of a retiring cCommissioner.

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• A Form 700 (Statement of Economic Interests) is due for filing within 30 days of a cCommissioner leaving office.

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CHAPTER 3 - Emergency
Operations
Emergency Operations Center (EOC)
responsibleIn the case of an emergency or disaster (e.g., earthquake, large fire), City staff will open the Emergency Operations Center (EOC) to manage, facilitate and coordinate the City’s response and recovery to the emergency.

The highest ranking staff member responsible for oversight of the emergency response will maintain contact with the City councilmembers to keep the City Council informed of the situation. The City Manager and Rev. <Month> <Year> 25
his/her staff are responsible for all response efforts. The role of the City Council, is outlined below.

City Council Roles and Responsibilities
General Duties:

Proclaim and/or ratify a local emergency.

Establish executive-level policies and pass important resolutions for the management of the emergency.

Ensure that the Director of Emergency Services (City Manager or his designee) has clear policy direction.

Obtain briefings from the Director of Emergency Services and provide information to the public and media.

Support a multi agency disaster response.

Host and accompany VIPs and government officials on tours of the emergency/disaster.

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CHAPTER 45 - Legal Matters and Ethics
The following is an introductory overview of information. For a more detailed discussion on these issues, please see the City Council Orientation Manual prepared by the City Attorney’s office.

Ralph M. Brown Act and Closed Sessions
The Ralph M. Brown Act, commonly referred to as the “Brown Act,” is California’s “sunshine” law for local government. It is codified in the California Government Code beginning at Section 54950.

The Brown Act mandates that local government business be conducted at open and public meetings, except in certain limited situations (i.e. closed sessions). The central provision of the Brown Act requires all “meetings” of a “legislative body” to be open and public. The Brown Act broadly defines the term “meeting” to include any congregation of a majority of the members of a particular legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body. The City Council is a “legislative body” as are other Ccommissions of the City (i.e. Planning Commission, Fine Arts and Culture Commission, etc.). Under the Brown Act, a majority of the members of the legislative body are prohibited from discussing, deliberating about or developing a collective concurrence regarding any item that is within the legislative body’s jurisdiction except as part of a duly noticed public meeting and expressly precludes the use of technological devices to effectively do the same even when Ccouncilmembers are gathered together in the same place. The purpose of these provisions is to ensure that local governing bodies deliberate in public.

The Brown Act also requires that the public be given notice of the time and place meetings are to be held. As a general rule, a legislative body may not act on or discuss any item that does not appear on the agenda posted for the meeting. There are, however, certain exceptions to this rule.

In addition, the Brown Act protects the public’s right to attend and participate in meetings. The Brown Act requires that agenda allow for two types of public comment periods. The first is a general audience comment period where the public can comment on any item of interest that is within the subject matter jurisdiction of the legislative body. The second type of public comment period is the specific comment period pertaining to items on the agenda. The Brown Act requires a legislative body to allow members of the public to comment on agenda items either before or during the body’s consideration of that item.

The Brown Act allows a legislative body to convene a “closed session” during a meeting in order to meet privately with its advisors on specifically enumerated topics. Examples of business that may be discussed in closed session include personnel evaluations, threats to public safety, labor negotiations, pending litigation and real estate negotiations. The Brown Act requires that closed session business be described on the public agenda
Closed sessions may be started in a location different from the usual meeting place as long as the location is noted on the agenda and the public can be present when the meeting first begins.

Moreover,for public comment on closed session items must be allowed before convening the closed session. After a closed session, the legislative body must reconvene the public meeting and publicly report certain types of actions if they were taken, and the vote on those actions as specified in Government Code § 54957.1.. There are limited exceptions for specified litigation decisions, and to protect the victims of sexual misconduct or child abuse.

The Brown Act can be confusing, and compliance with it can be difficult, due to the statute’s many rules and ambiguities. There are both civil remedies and criminal misdemeanor penalties for Rev. <Month> <Year> 27
Brown Act violations. Accordingly, the City Attorney’s Office provides an orientation and handbook for new Ccouncil members and cCommissioners on the Brown Act.

Confidentiality of Closed Sessions
In 2003, the Legislature passed Assembly Bill 1945 (“AB 1945”) to address a long-standing problem associated with confidential communications in closed session – how to maintain the confidentiality of the discussions. Although a California Attorney General Opinion stated that it was “improper” for officials to disclose information discussed in closed session, 76 Ops. Cal. Atty.

Gen. 289, 290-91 (1993), there was previously no enforcement mechanism to prevent such disclosures.

AB 1945 added a new statute to the Brown Act, Government Code Section 54963. Under this new section Pursuant to Government Code § 54963, no person may disclose confidential information that has been acquired by being present in a closed session, unless authorized by the body holding the closed session. In the event someone violates this provision, the statute gives the legislative body three options to address the violation: (1) The body may ask a court to issue an injunction preventing the further disclosure of confidential information; (2) If the person disclosing the information is an employee, the public entity may take disciplinary action against that employee; or (3) If the person disclosing the information is a member of the legislative body, the public entity may refer that person to the grand jury.

Accordingly, it is inappropriate for any one Council Mmember to disclose attorney/client privileged documents, information obtained from attorney/client privileged documents, or information derived from closed session discussions. The City is the holder of the attorney/client privilege and the holder of the right to keep confidential information discussed in closed sessions. Disclosure of closed session discussions should only occur when required by law or upon a majority vote of the City Council upon advice of the legal counsel or negotiator handing the matter. At the end of each closed session, the City Council will return to the City Manager or the City Attorney all copies of confidential memoranda distributed for discussion during the closed session.

Censure of Ccouncilmembers
A cCouncilmember who engages in any inappropriate conduct may be censured by the City Council in accordance with procedures outlined by the City Attorney's office. If the Mmayor is the subject of a potential censure, the Vice Mmayor shall assume the role of presiding officer during any discussion of and action on the censure.

Conflicts of Interests
The Political Reform Act of 1974 (“PRA”) is the principal law in California governing conflicts of interest for public officials. The Fair Political Practices Commission (“FPPC”) has interpreted the PRA in regulations found in California Code of Regulations Section 18110 et seq.

The PRA prohibits public officials (including Ccouncil members) from making, participating in the making, or in any way attempting to use their official position to influence a decision in which they know or have reason to know they have a financial interest. The FPPC has promulgated an eightfour-step test for determining when disqualification is required.

A public official has a conflict of interest and must abstain if a decision will have a reasonably foreseeable material financial effect on certain economic interests, unless that effect is indistinguishable from the effect on the public generally. Those financial interests are:

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• Any business entity in which the public official has a direct or indirect investment worth Two Thousand Dollars ($2,000) or more.
• Any real property in which the public official has a direct or indirect interest worth Two Thousand Dollars ($2,000) or more.
• Any source of income, except gifts or loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating five hundred dollars ($500) or more in value provided or promised to, received by the public official within 12 months prior to the time when the decision is made. • Any business entity in which the public official is a director, officer, partner, trustee, employee, or holds any position of management.
• Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating three five hundred ninety ninety dollars ($395900) or more in value provided to, received by, or promised to the public official within 12 months prior to the time when the decision is made. . . .” [The dollar amount in this paragraph is adjusted biannually using the California Consumer Price Index.][See also the City Attorney’s Orientation Manual for a discussion of prohibited gifts. Generally, councilmembers may not accept gifts from any one source aggregating more than $390 in any one year.]
• The personal finances of the public official and immediate family.

FPPC Regulations provide guidance for most of the terms used in the PRA as well as standards for determining if each element of the PRA’s prohibitions has been satisfied. Some address standards for determining if a decision has a material financial effect on a business entity or on various types of interests in real property.

Determining the application of conflict of interest laws in particular circumstances requires complicated analysis. Accordingly, the City Attorney’s Office provides an orientation and handbook for new council members and commissioners on the conflict of interest laws. Also, the City Attorney encourages each councilmember to contact the City Attorney with any questions regarding the application of these laws.

Restrictions After Leaving Office
In 2006, the Beverly Hills City Council amended the municipal code to restrict fFormer cCouncilmembers and pPlanning cCommissioners are prohibited from influencing for compensation the sitting City Council or Planning Commission on administrative or legislative matters. The following is excerpted from the municipal code:

Revolving Door Prohibition:

Per Beverly Hills Municipal Code 1-9-203: Prohibition of Certain activities, the following provision apply to City officials, elected officials, and/or Planning Commissioners.

Revolving Door Prohibition:

No former cCity official, for a period of two (2) years after leaving city office or employment and no elected official, or pPlanning Ccommissioner for a period of one year after leaving city office, shall represent, for compensation, any other person, by making any formal or informal appearance before, or by making any oral or written communication to, the Ccity, the cCity Ccouncil or any member thereof, or any Ccommission, cCommittee, Ssubcommittee of the cCity or member thereof, or any other officer or employee of the city , if the appearance or communication is made for the purpose of influencing administrative or legislative action, or Rev. <Month> <Year> 29
influencing any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property.

For any elected official or planning commissioner who is in office as of April 1, 2009, such elected official or planning commissioner shall not, for a period of thirty (30) months after leaving city office, represent, for compensation, any other person, by making any formal or informal appearance before, or by making any oral or written communication to, the city, the city council or any member thereof, or any commission, committee, subcommittee of the city or member thereof, or any other officer or employee of the city, if the appearance or communication is made for the purpose of influencing administrative or legislative action, or influencing any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property, provided; however, that such prohibition shall only be applicable for the following time periods after leaving City office or employement:.
• For City officials and elected officials who leave office or employment on or after October 1, 2016, for a period of four (4) years after leaving City office or employment. • For Planning Commissioners who are appointed prior to October 1, 2016, for a period of thirty (30) months after leaving City office.
• For Planning Commissioners who are appointed or reappointed on or after October 1, 2016, for a period of four (4) years after leaving City office. (Ord. 16-O-2707, eff. 9-30- 2016)
Representation by Former Elected Official:

No former elected official shall represent, for compensation, any person or entity, by making any communication to the cCity, if the communication is related to a land use matter which was voted upon by the elected official during his or her term of office. (Ord. 16-O-2707, eff. 9-30-2016) Acceptance Oof Gifts fFrom Applicant:

Elected officials and, city officials and planning commissioners who participate in a decision to approve a land use matter, shall be prohibited for a period of thirty (30) months from the date of any decision to approve a land use matter made prior to October 1, 2016, or for a period of four (4) years from the date of any decision to approve a land use matter made after October 1, 2016, from receiving from the applicant anything of value that exceeds five hundred dollars ($500.00), including, without limitation, any gift, payment of money, or other compensation that exceeds five hundred dollars ($500.00).

Planning Commissioners appointed prior to October 1, 2016, who participate in a decision to approve a land use matter, shall be prohibited for a period of thirty (30) months from the date of the any decision to approve a land use matter, or for a period of four (4) years from the date of any decision to approve a land use matter for Planning Commissioners appointed or reappointed on or after October 1, 2016, from receiving from the applicant anything of value that exceeds five hundred dollars ($500.00), including, without limitation, any gift, payment of money, or other compensation that exceeds five hundred dollars ($500.00). This prohibition shall continue in effect after the elected official, cCity official or pPlanning cCommissioner leaves office during the thirty Rev. <Month> <Year> 30
(30) monthfor the applicable period. For the purposes of this prohibition, the "applicant" shall include partners, majority shareholders, and officers of the applicant, as well as any other person who provides anything of value to the elected official, cCity official or pPlanning cCommissioner on behalf of the applicant. If the applicant is making an application as an agent of a principal, then for the purposes of this subsection the applicant shall be considered the principal, not the agent.

Ord. 16-O-2707, eff. 9-30-2016).

No former elected official, within two (2) years after his or her office holding has ceased, shall accept any position of employment or management for compensation, or act as a director or officer for compensation of any organization or entity which: a) receives more than fifty percent (50%) of its funding from the City, as determined by the city; or b) has fifty percent (50%) or more of its board members, officers or directors appointed by the city council.

Exceptions to Revolving Door Prohibition:

The prohibitions in this articledescribed above shall not apply to the following:
1) Appearances or communications by former Ccity officials, elected officials or pPlanning cCommissioners representing their personal interests, such as, but not limited to, an appearance before a cCity cCommission or cCommittee concerning development of their home.
2) Appearances or communications by former cCity officials, elected officials or pPlanning cCommissioners at the request of, or on behalf of any government entity or public agency, including the cCity of Beverly Hills.
3) Appearances or communications by former Ccity officials, elected officials or pPlanning cCommissioners who are engaged in such activity without compensation. 4) Any former cCity official, elected official or pPlanning Cccommissioners whose only activity is submitting a bid on a competitively bid contract, who submits a written or oral response to a request for more information, or who participates in an oral interview process. This exemption shall not apply to any person who attempts to influence the actions of any cCity official or elected official with regard to any such contract outside an interview or public meeting. (Ord. 07-O-2535, eff. 12-14-2007) Statement of Economic Interest
The Political Reform Act also requires all members of the City Council and other specified public officials to annually disclose assets and income which may be materially affected by their official actions. This disclosure is commonly known as the Statement of Economic Interests (Form 700).

The City Clerk’s office will provide the form and instructions for its completion. These statements are public documents. Any member of the public who wishes to inspect and copy them these forms will be permitted to do so. Schedules in this disclosure include:
• Investments-Stocks, Bonds and Other Interests
• Investments, Income, and Assets of Business Entities/Trusts • Interests in Real Property
• Income, Loans and Business Positions
• Income-Gifts
• Income-Travel Payments, Advances, and Reimbursements
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Mass Mailings or Newsletters
The Political Reform Act also provides that no “mass mailing” shall be sent at public expense.

Except for certain mailings specifically exempted by the Act, the mass mailing rule prohibits public agencies from paying for the distribution of newsletters or other mass mailings which "feature" or otherwise single out an elected officer affiliated with the agency. While this seems to be a very broad prohibition, the implementing regulations make it clear that the Political Reform Act prohibits only those mass mailings of more than 200 items in a calendar month, at public expense, that “feature” elected officers affiliated with the agency which paid for the mailing. Briefly summarized, a mass mailing “features” an elected official when it uses his or her photograph or signature, or uses design, type style or color to emphasize the elected official’s name. Mass mailings do not include emails.

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CHAPTER 6 – Benefits and Privileges
Compensation
Per the Beverly Hills Municipal Code (Title 2 Chapter 1 Article 19), City Ccouncilmembers receive $654.84 per month. An increase to $785.81 will be effective March 2007per month and are paid on a biweekly basis. City Councilmembers receive their compensation via direct deposit or paper check. Questions about direct deposit and other options for receiving compensation can be forwarded to the Payroll DivsiionDivisionsection of the Paychecks can be direct deposited into a bank; forms are available from Finance Administrative Services Department.

Per the Beverly Hills Municipal Code (Title 2, Chapter 3, Article 11), the City Treasurer shall receive a monthly salary of $200.00, which is paid on a biweekly basis.

Submission of Timecards
City cCouncilmembers and staff are paid bi-weekly with timecards due the week prior to the issuance of paychecks. The Office Manager in the City Manager's Office is responsible for completing and submitting to Payroll the timecard for each City councilmember. While timecards require the signature of the respective employee, it is the practice of the City to submit the City councilmember’s timecards without each City councilmember’s signaturebased on the monthly stipend outlined in the Beverly Hills Municipal Code.

Personnel Benefits
City Ccouncilmembers receive medical, dental, vision, and long-term disability coverage. City Councilmembers shall be entitled to three hundred thousand dollar ($300,000) a term and life insurance policy (under the City’s life insurance program they are covered for $100,000.00). A City Ccouncilmember's dependent(s) can also receive medical, dental and vision coverage.

The City contracts with the California Public Employees’ Retirement System (CalPERS) for retirement benefits. City cCouncilmembers and the City Treasurer willmay be are enrolled in CalPERS at the start of their term and the and the City pays the cCouncilmember's will pay their employee share of contributions until such time the Councilmember no longer serves. which is currently 8%.

A City Councilmember may qualify for a service retirement from CalPERS if the Councilmember is at least 50 years old meets the minimum retirement age based on their benefit formula and has a minimum of five (5) years’ service credit with CalPERS. If the City Councilmember does not meet the CalPERS minimum requirements for a service retirement, the City Councilmember will be allowed to either keep the funds they contributed (employee share) into CalPERS until such time they retire, or can withdraw their funds pursuant to CalPERS regulations. If the City Councilmember is not eligible for for a service retirement, the City Councilmember can elect to continue medical, dental, and vision coverage through COBRA (as provided by COBRA regulations). The cost(s) for these selection(s) would be paid by the City Councilmember.

If a City councilmember serves one term (four years) they are not eligible for retirement from PERS (to be eligible for retirement, an individual must be 50 years old and have five years of service). The City councilmember will be covered by COBRA for medical, dental and vision, and if they elect coverage for these insurances, they will have to pay the monthly premiums.

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If athe Ccouncilmember is eligible for CalPERS service retirement, they City Councilmember may purchase at their sole cost and expense, medical insurance coverage through CalPERS as allowed by the Government Code and the Public Employees’ Retirement System. The City Ccouncilmember and his/her dependents will also be eligiblemay also elect to continue their dental and/or vision coverage through the City. The cost for this/these coverage(s) would be paid for by the City Councilmember.If any of these coverages are chosen, the City councilmember will have to pay the monthly premiums.

Key Card and Access to City Hall
Each member of the City Councilmember and the City Treasurer areis provided with a keycard for access into City Hall. The Administrative ServicesHuman Resources Department provides the form to obtain a keycard and will activate the keycard. The keycard provides access to the following locations:
• “nNorth parking lot” where City cCouncilmembers park their vehicles • Pperimeter doors of City Hall
• City Council Chambers
• Eelevator to the 4th floor during non-business hours
• 4
th floor office area
Parking
Parking at City Hall
The City cCouncilmembers and executive staff, as designated by the City Manager, park in the “north parking lot” adjacent to City Hall. While the parking spaces are not designated or reserved, the four spaces to the immediate east and west of the City Hall entrance on the north and south sides of the parking lot (eight spaces in total) are set aside for the City Council or visitors.

Class I Parking Permits
Per the Beverly Hills Municipal Code Title 7 Chapter 3 Article 111,, each City cCouncilmember is provided with two one Class I permits per vehicle legally registered to them. Class I permits exempt your a City Councilmember’s vehicle, while conducting City business, from posted parking regulations including time limit zones, permit parking zones, parking meters and City parking facilities at no charge. Parking is not permitted during street cleaning restrictions or in red zones, no stopping zones, and passenger/commercial loading zones.

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Chapter 75 - Other City Council Policies
Placing Items on the Agenda
The Council holds formal meetings in the Council Chamber of the City Hall on the first and third Tuesday of each month at 7 p.m. and on such other days as necessary.

The Council holds Informal meetings in the Council Chamber of the City Hall on the first and third Tuesday of each month at 2:30 p.m. and on such other days as necessary. At the informal meetings the Council shall not take any formal binding action upon any resolutions, ordinance, or other action required by law to be taken by the council. Such action occurs at the formal meetings.

Policy:
• Any City Ccouncilmember may request an an item be placed on a future study session Informal Mmeeting Aagenda with the consent of the Mayor. These items are limited to one hour of staff time to research and write the report. Alternatively, a majority of the City Council may place an item on the study session meeting agenda.
• Any City cCouncilmember may request an item be placed on a future Fformal Mmeeting aAgenda with the consent of the mMayor. Alternatively, a majority of the City Council may place an item on the formal meeting agenda.
• City staff will develop a study session staff report to hold a place for the City Councilmember’s item in the designated City Council meeting agenda packet. • The City cCouncilmember shall present the item to the City Council. • Introduction of an item may take place during an appropriate place on the agenda as guided by the Mayor and City Manager’s Office.
• City Staff will develop a standard transmittal form to be used to hold a place for the City councilmember’s item in the designated City Council meeting agenda packet.

Technology Resource Policy
Technological resources are made available to elected officials to conduct City business and are subject to administrative regulation. As such, this policy reflects the City Council’s position relative to the use of City owned technological resources for personal use.

Policy:
• City cCouncilmembers and the City Treasurer will be granted access to a singleappropriate computer resources. Theis computer(s) will be maintained by City staff at its designated location, or in the case of laptops, when returned to the City for routine maintenance/updates, to ensure proper operation of this technology resource in the standard performance of elected official’s members’ duties. • The technology resources provided to cCouncilmembers and City Treasurer are to be used for City business only. Use of City-owned technology resource for personal gain, commercial purposes, non-City fundraising, political campaigns, electioneering, gambling or illegal activity is strictly prohibited. All use of technology resources is subject to the provisions and governances of the Public Records Act and the Brown Act.

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• The Director ofChief Information OfficerTechnology shall serve as the coordinator overseeing computer and information resources.

Business Meeting Protocol Policy
It is the policy of the City Council of the City of Beverly Hills to hold its elected officials to the highest standards of ethical conduct. The City Council believes that it has a responsibility to make every reasonable effort to assure the citizens residents of Beverly Hills that their elected officials will always place the public's interest above their own. This policy reflects the City Council’s position on proper protocol for elected City officials when representing the City at business meetings and/or events.

Definition:

Business meetings and/or events: Any event where an elected official is representing the City, including but not limited to, City business between one or more City elected officials and one or more representatives of an organization that is located in Beverly Hills, may be interested in locating in Beverly Hills, may be interested in doing business with the City of Beverly Hills, or is and/or represents a governmental official or group.

Scope:

This policy prescribes the protocol for all elected City officials when representing the City at business meetings and/or events.

Policy:
• While conducting City business, elected officials may not actively solicit or accept, directly or indirectly an invitation from any person to meet or attend social activities for a purpose that is not directly related to City business.
• An elected official may not use Ccity events and/or business meetings as an opportunity to promote his/her personal business or private interests. • No elected official shall disclose or use information not available to members of the general public and gained by reason of his or her official position for his or her personal gain or benefit or for the personal gain or benefit of any other person or business entity.

Use of City Stationery and City Shield/Seal
Written communication from City officials on City stationery is public record and subject to associated laws. As such, this policy reflects the City Council’s position relative to the use of City stationery and the City shield/seal for personal correspondence.

Scope:

State law (2 Cal. Code of Regs. §18901) dictates the parameters by which an elected official’s name may be included in mass mailings from the City to the public at public expense. This policy, in contrast, specifically addresses an elected official’s personal communication to the public using City letterhead, envelopes, and shield or seal when the cost of printing and sending the communication including the cost of the stationery is paid by the elected official.

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This policy applies to individual mailings and mass mailings of personal correspondence.

Definitions:

For the purpose of this policy,
• Elected Official: A member of the City Council or the City Treasurer. • City Stationery: Refers to City letterhead and City envelopes. City letterhead is defined as City paper with the imprinted name and/or address of the City or elected official. City envelopes are envelopes imprinted with the City’s return address. • City Shield: Beverly Hills shield design that is trademarked by the City of Beverly Hills. • City Seal: Historic City seal that is regularly used to officially identify the City of Beverly Hills to the public.
• Personal Correspondence: Letters and other written forms of communication that reflect the personal opinion(s) of the writer and are not being sent as official City correspondence for City business.

Policy
• Elected officials may use City stationery for City business to communicate official City policies or actions, including letters to other local, state and federal officials regarding legislative and policy matters in either their capacity as an individual councilmember or on behalf of the City Council as a whole as authorized by the City Council. • The City stationery may also be used to respond to inquiries or communicate individual opinions. When a correspondence is not authorized by the Council or is used to express an individual opinion, the elected official should be clear about whose view is being presented and shall include a statement in the following form: “This letter expresses only my individual views and does not reflect the views of the City Council of the City of Beverly Hills.”
• Elected officials must avoid any action that could be construed as, or create the appearance of, using public office for personal gain, including use of City stationery or other City resources to obtain or promote personal business. • All City stationery used by elected officials for personal correspondence must clearly and plainly state that the mailing is paid at private expense and no public funds were expended for the mailing. The statement should be reviewed and approved by the City Attorney prior to including it on all such envelopes and/or letterhead. The elected officials will be responsible for paying postage for all their personal correspondences. • Use of the any Beverly Hills shield design(s) in correspondence is subject to direction from the City Attorney as the shield is a licensed trademark and a license agreement may be required.

City Recognition and Gifts Policy
To set forth the guidelines for giving City recognition and gifts to visitors and dignitaries and the issuance of proclamations. This policy administrative regulation does not apply to department specific trinkets and promotional materials.

Responsibilities:

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• Staff in the City Manager’s Office is responsible for administering this policy on City gifts. • Staff in the Ccity mManager’s oOffice purchases gifts, maintains the inventory of gifts, and designates the appropriateness of the choice of gift(s) for visitors and dignitaries, and also prepares proclamations.
• The City Council or designee(s) may participate in the selection of City gifts. • Following the policies stated herein, the City Council and other City officials including staff distribute gifts.

Scope:
• The City will maintain a variety of gifts for visitors and dignitaries as selected and directed by the City Council.
• Key to the City – Awarding the Key to the City is the highest honor which the mMayor and City Council can bestow upon an individual and/or an organization. Keys are typically presented to honor outstanding service by citizens and dignitaries or elected officials visiting the community as a token of friendship, esteem and recognition for their distinguished service to mankind.
• Special recognition plaques, proclamations, certificates, medallions and other City gifts – City cCouncilmembers, while attending local or out-of-town conferences or meetings as a City representative may distribute proclamations, plaques, certificates and medallions with approval or direction from the Mmayor or, in his/her absence, the Vice mMayor. The City Manager, Assistant City Manager, Deputy City Manager,s, City Council Deputy or other designee may also distribute these City recognition items if so directed. Proclamations are issued to recognize outstanding community achievements and to be authorized and signed by the mMayor, Vice Mayor, and City Councilmembers. • Pins, Bookmarks, etc. - Small gifts such as lapel pins and bookmarks key chains are appropriate for moderate size groups of visiting officials and student groups to whom the City wants to express its appreciation or provide a memory of the City. They may also be distributed by the City Council or Commissions and staff (with Department Head approval) when at conferences or meetings.
• This policy does not apply to the street plaques and recognitions associated with the Rodeo Drive Walk of Style.

Policies:
• Key to the City – The policy of the City Council is to consider the awarding of keys to high-ranking elected officials and appointed officials such as the President of the United States, Cabinet level officers, Ambassadors representing foreign governments, and Vvisiting fForeign Oofficials and dDignitaries who have provided outstanding leadership and have contributed to the benefit of our society. The Mmayor may determine if a Key to the City is given to a visitor. If unable to personally bestow the honor, the Mmayor may determine who, on his or her behalf, may provide the Key to the visitor. When a key to the City is bestowed to an individual, the full City Council will be advised. • Special recognition plaques, proclamations, certificates, medallions and other City gifts – These items are available for presentation to visiting dignitaries and are also used to commend individuals and businesses for outstanding community achievement.

Requests for recognition can be made by City Ccouncilmembers, community members, civic organizations or staff. Proclamations and certificates are drafted by staff and submitted to the mMayor for signature. The mMayor determines whether or not to approve requests or, in his/her absence, the Vice Mmayor may approve requests. If unable to Rev. <Month> <Year> 40
personally bestow the honor, the Mmayor or Vice Mmayor may determine who, on his or her behalf, may provide the commendation.
• Street and sidewalk recognition – It is the City’s policy to not to formally rename streets in recognition of an individual or business. On a case-by-case basis, the City Council may consider informal recognition of outstanding individuals and businesses with street, alleyway, or and sidewalk plaques and signage.
• Naming opportunities – The City may consider recognizing outstanding individuals and businesses by naming programs, awards, or facilities in their honor. o Naming may also be considered in recognition of substantial monetary donation(s) to the City per other policies and guidelines not addressed herein.
o The City Council may request that an individual or business recommending a naming opportunity (e.g. a “sponsor”) cover the cost (in full or in part) for the work and maintenance associated with the recognition.
• Other types of recognition – The City may recognize outstanding individuals and businesses through other means or actions. Such actions will be considered by the City Council on a case-by-case basis.
o The City Council may proclaim a day in the honor of the individual or business. o The City may consider dedicating an object (facility, tree, etc.) in honor or memory of an outstanding individual or business. Such dedications will be considered on a case-by-case basis and in conjunction with specific guidelines and policies not stated herein that pertain to the specific object for dedication. • Gifts – It is the policy of the City that gifts awarded by the City to individuals and businesses symbolize, represent and/or recognize the City of Beverly Hills. When possible, staff shall endeavor to purchase these items by, for example, being purchased from a Beverly Hills merchant. The City Council requests items be of a high quality. , being of high quality, including the City shield, etc.
• Pins, Bookmarks, etc. – Small gifts may be given at the discretion of City officials and staff upon consulting with the Mmayor, City Manager or his/her designee. The City Manager or his/her designee will advise as to the appropriateness of the selected small gift(s) for the identified audience.
• The recognition of individuals or businesses with recognitions noted in “A” or “B” above shall be recorded for historical reference. The City Manager or his designee shall be responsible for maintaining the log.

The process for recognizing outstanding individuals and businesses with special gifts, plaques, proclamations, certificates and naming is as follows:
o A City Ccouncilmember, community member or staff may recommend recognition of an individual or business. Recognition is for outstanding service to the Community o Community members shall submit their request(s) in writing to the City Manager or his designee who will forward the request to the Mmayor and City Council for consideration.
o Individual City cCouncilmembers shall direct their request(s) directly to the Mmayor or to the City Manager or his designee.
o With the concurrence of the mMayor, staff will prepare the appropriate recognition.

Staff will forward the recognition and necessary supporting materials to the Mmayor and City Council for award of the recognition.

Historical Background Information:

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Key to the City – The idea of presenting a key to the City of Beverly Hills was conceived in 1952, and the first key was presented by the mMayor and City Council to Mr. Samuel Goldwyn in recognition of his 40th year in the motion picture industry.

The handle of the key to the City of Beverly Hills contains the imprint of the City seal, which was officially adopted by the City in 1953. The City seal is symbolic of the four sovereignties which have ruled the territory now known as Beverly Hills – Spain, Mexico, the California Republic and the United States of America. The five-pointed star is symbolic of the five City cCouncilmembers and the City Hall represents the seat of local government.

Responding to Letters and Emails Policy
To establish City policy for responding to letters and emails and to advise the City officials and staff of procedures and expectations for responding to letters and emails from the public.

City staff is responsible for responding to all incoming letters and emails that transmit questions, concerns, complaints, requests for service, etc. within 72 hours of receipt. Requests for detailed, time-consuming and complicated research, policy development or information by a City official or member of the public pertaining to a personal project must be directed by a majority of the City Council. Requests for information under the Public Records Act are the responsibility of the City Clerk’s office for processing in coordination with the City Attorney’s office and per related Administrative Regulations. Laws and procedures for responding to Public Records Act requests take precedence over the policies and procedures herein. • Letters and emails are sent a response within 72 business hours. • Informational correspondence received by the City is sent a standard letter acknowledging receipt of the letter.
• Correspondence on topics that pertain to City business but require simple research are sent a letter acknowledging receipt of the letter and stating a detailed response is forthcoming.
• Correspondence on routine matters receives an appropriate response in the initial response.
• Letters and emails received by the City are to have a response in-kind by either letter or email.
• Letters and emails receive a response from staff with the following exceptions:
o Responses to solicitations are at the discretion of the staff person. o Junk mail (spam).
o Letters and emails to the City Council on specific topics or of a specific type that an individual councilmember has, in advance, stated he/she wants to always respond to (e.g., all letters from students).
o Information requests per the Public Records Act. Such requests for information shall be forwarded to the City Clerk’s Office for processing. o Personal letters addressed to a City Ccouncilmember.
o Letters and emails to the City expressing support or opposition or comments on a specific topic (primarily related to agenda items before the City Council). Such letters and emails should be printed and included in the report, packet or information forwarded to the City Council pertaining to the specific topic. o If a public comment is provided for a City Council meeting, the correspondence should be forwarded to the City Clerk’s office for inclusion the packet. The City Clerk may forward to the City Council, City Manager, Assistant City Manager and City Attorney a copy of the correspondence in advance of the City Council meeting.

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o At the discretion of the Deputy City Manager or Department Head, the correspondence is not deemed appropriate for a response. In such cases, the Deputy City Manager or Department Head shall send a note with the letter to the file. o Letters or emails addressed to an individual Ccouncilmember will be distributed to the individual City Ccouncilmember(s).

Responsibilities:

The City Council DeputyExecutive Assistant, upon receipt of letters and emails addressed to Mmayor and/or City Council will:
• Oopen incoming mail or email (if received in a City email account) addressed to the City Council. Mail pertaining to City business will be read and distributed. Mail deemed to be personal will be forwarded to the appropriate City cCouncilmember. • Follow up with City staff to ensure each email or correspondence is addressed within the 72-hour time frame referenced above.
• Inputs data into the “tickler system” to document receipt of the correspondence and remind staff to respond.
• Date-stamps all incoming mail that pertain to City business. As appropriate, date-stamps will be on the actual correspondence, envelope or copy of the original correspondence. • If the letter is addressed to the mMayor and City Council, the City Council Deputy Executive Assistant will provide copies of the incoming correspondence to the mMayor and City Council and the City Manager with the exception of letters pertaining to specific, routine operational matters such as complaints about parking citations. • Distributes incoming correspondence to the appropriate Deputy City Manager or his/her designee for drafting a response for the Mmayor’s signature.

If the letter is addressed to one or more individual cCouncilmembers, the City Council Deputy Executive Assistant will email or fax the letter to the cCouncilmember(s) and ask if they intend to respond individually or would like staff to draft a response.

If staff is directed to respond, the City Council Deputy Executive Assistant will forward the incoming correspondence to the appropriate Deputy City Manager or his/her designee for a response. The City Council Executive Assistant will:.
• Distribute original letter and response (if prepared by staff) to letters and emails to the City Council.
• Maintain files of all incoming and outgoing correspondence. • May respond to informational letters or can forward such informational letters to the appropriate Deputy City Manager or appropriate City staff member for a response.

Deputy City Manager, Department Head or his/her designee: Uupon receipt of a letter or email will:,
• Responds to incoming letters and emails.
• Copyies the City Council and City Manager on the response if the original letter was addressed to the City Council and responded to by staff. • Sends copy of response to City Manager and City Council Deputy Executive Assistant (for distribution to the City Council) if the original letter was addressed to the City Council.

Copy of the original letter received to be attached to the response letter. • Maintains a copy of all correspondence received directly by the Department. • Date-stamps all correspondence received directly by the Department.

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Procedures:
• Letters and emails received by the City Council Deputy Executive Assistant addressed to the mMayor and City Council are forwarded to the appropriate Deputy or Assistant or Deputy City Manager for response.
• Letters and emails received by the City Council Deputy Executive Assistant addressed to one or more individual City councilmembers are emailed or faxed to the cCouncilmember(s) to ascertain if they will respond or staff should respond on their behalf.

Ccouncilmembers have 48 business hours to respond. After 48 hours, the City cCouncilmember(s) will receive a call from the City Council Executive AssistantDeputy to find out their response intentions.
• If the City Ccouncilmember(s) respond on his/her own, nothing more is done by staff. • If no response is received from the City Ccouncilmember(s) or the Ccouncilmember(s) decides staff should respond, the City Council deputy Executive Assistant will forward the correspondence to the appropriate dDeputy cCity mManager. The Ddeputy cCity Mmanager shall personally respond or forward the correspondence to the appropriate dDepartment hHead for response.
• Responses to letters and emails shall contain words conveying that the letter is in response to the correspondence sent to the City Council and shall acknowledge that their letter has been distributed to the City Council. The response should also advise that while staff is responding, additional concerns may still be communicated to the City cCouncilmember or at an upcoming City Council meeting.
• The response shall include a “bcc” to the City Council and City Manager. A copy of the response shall be distributed to both the City Council Deputy Executive Assistant (for distribution to the City Council and filing) and the City Manager. • Letters and emails received in Departments shall be responded to by appropriate staff at the direction of the respective Department Head. Copies of all correspondence are to be maintained within the Department.

City Responses to Local, State, and Federal Legislative Actions To set forth the policy and guidelines for the City Council and staff to communicate the City’s position on legislative matters affecting the City and being addressed by Los Angeles County, Sstate and Ffederal officials and neighboring jurisdictions.

Definition:

For the purpose of this policy Administrative Regulation, legislative matters include:
• Federal, sState and Llocal neighboring jurisdictions, ballot measures, initiatives and referendums for an election;,
• pPolitical topics, and legislation being considered by a political body or organization;, and • sSocial action measures.

Responsibilities:

The City Council is responsible for determining the City’s position on legislative matters being addressed at the local, sState, and Ffederal levels and on matters being addressed by neighboring jurisdictions that impact the City of Beverly Hills. The City Council adopts a Legislative Platform, which embodies key legislative themes and priorities for the City. The Platform provides Rev. <Month> <Year> 44
direction for our legislative advocates and City staff as they work to secure clear and strategic initiatives locally as well as in Sacramento, California and Washington, D.C.

At the direction of the City CouncilBased on the adopted Legislative Platform, the City Manager or his/her designee responds to legislative matters that affect the City and/or prepare responses for the City Council’s review and the mMayor’s signature. Legislative matters which come up during the year, and are not addressed by the Legislative Platform, are taken to the Beverly Hills City Council Legislative/Lobby Liaison Committee. The recommendations of the Liaison Committee are then taken to the City Council for final approval.

Scope:

The United States government, State of Californialocal, state, and federal governments as well as and neighboring cities to Beverly Hills may, from time to time, discuss, propose and legislate on matters that positively or negatively impact local jurisdictions. To proactively respond to such actions, the Beverly Hills City Council has a defined protocol for taking positions and developing responses.

Policies:
• In general, the City Council adopts a Legislative Platform each year. The Platform is revised each year to remove obsolete priorities, modify existing priorities, or add new priorities. The initial review of the Legislative Platform is performed by the Department Heads. Additionally, staff in the City Manager’s Office takes into account any direction the City Council may have taken or provided throughout the year to future update the Legislative Platform. It is then presented to the Beverly Hills City Council Legislative/Lobby Liaison Committee (“Liaison Committee”) for review. The final version is then presented to City Council for further revisions at a City Council Study Session meeting. All recommendations by the City Council are then incorporated into the Legislative Platform for adoption at a Formal City Council meeting.
• It is the policy of the City Council that positions on legislative matters may be taken when the topic, issue or initiative directly affects the health, welfare, safety and finances of the City and its residents, visitors and employees. It is not the policy of the City to take positions on issues or legislation that is not within the authority and duty of the City as a California Municipal Corporation; however, from time to time there are issues on a local, state, national or international level that may be of interest to the City or its residents.

These issues will require approval by the City Council prior to a positionresponse being issued.
• On topics that affect and specifically reduce the City’s control over local autonomy (specifically including but not limited to, zoning and local revenue sources), the City Council authorizes the City Manager, or his/her designee, to correspond with the external legislative bodies. Copies of correspondence will be shared with the City Council. • Annually, CityOn topics that are not included in the adopted Legislative Platform, staff from the City Manager’s Office will present the item first to the City Council topics and initiatives to be addressed by the League of California Cities during the legislative session (as identified by the League of California Cities work plan)Liaison Committee. The Liaison Committee may take a position of support, oppose, or remain neutral on the topics presented. The item will then be presented to the City Council will advise staff of its position on each subject, if any, in order that staff can communicate with the League of California Cities and other legislative bodies on those topics and initiatives, as necessary, throughout the yearfor concurrence. This may occur at a City Council study session Rev. <Month> <Year> 45
meeting as an item requesting direction or it may be placed on the formal meeting agenda on the consent calendar. Except in time sensitive circumstances, City Council authorization must be obtained prior to transmitting a City •
• On all other topics, staff, Commissions and other parties or individuals must obtain City Council authorization to develop and transmit a City position on a legislative matter. City Council authorization must be obtained from a majority of the City Council through action at a City Council meeting.
• City Council action will be based on a presentation of the pros and cons of the topic by City staff and/or the City’s state or federal lobbyist. where appropriate, When possible, the from representatives ofrom both positions will be invited to attend and present at the meeting.
• Where practical, staff’s correspondence conveying the City’s position will be provided to the City Council at a City Council meeting for their approval, prior to being transmitted.

This applies only to items that are not contained within the City’s Legislative Platform. • Correspondence on legislative matters will be drafted for the mMayor’s signature on behalf of the City Council unless otherwise specified by the City Council. All correspondences will be reviewed by the City Manager and/or his/her designee prior to submitting the correspondence to the Executive Assistant to the City Council for the Mayor’s review and signature.
• Copies of correspondence conveying the City’s position on legislative matters will be copied to the City Council. Additionally, a copy of the correspondence will be placed on the City’s website.

In urgency situations where the City must convey a position on a legislative matter and the topic cannot be addressed through the policies stated herein, the mMayor may direct the City Manager to communicate a City position. In such situations, the City Manager will advise the City Council.

The mMayor and City Manager will also report the action and position taken on the legislative matter to the City Council for review, discussion and ratification at the next City Council meeting.

Designation of Honorary Titles
This policy prescribes the protocol for designating “honorary” titles on members of the community who provide volunteer services to the City, domestically or internationally. • Any resident of the City of Beverly Hills who provides volunteer services to the City where such volunteer services are related to City activities may be eligible to receive an honorary title. The honorary title must relate to the volunteer services that the resident is engaged in and such volunteer services must be related to City activities, events or programs. • The City Council, upon a majority vote, may designate upon such resident an “honorary” titles as long as the criteria set forth in paragraph Aabove is satisfied (“Recipient”). The honorary title may be revoked for any reason at any time by a majority of the City Council. • The honorary title is only active for the time in which the recipient is actively engaged in volunteer services as described above. If the rRecipient is no longer engaged in such volunteer services, as is determined by the City in its sole discretion, the honorary title automatically becomes null and void and no action is required by the City Council to render the title void. If the Recipient’s honorary title becomes void or is otherwise revoked by the City Council, the R recipient may no longer use the honorary title, including the use of the title in business cards, stationery and other identifying material, or for any other use. • An honorary title shall be used for identification purposes and for such other legitimate purposes related to the City volunteer activities that the recipient conducts.

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•
• The Rrecipient has no authority to enter into any contracts with third parties or bind the City in any way, including establishing City policy whether or not such policy is related to the Recipients volunteer activities.
•
•
The rRecipient is not eligible for, nor shall the rRecipient receive, any compensation or reimbursement of expenses.
•
•
The rRecipient is not eligible for, nor shall the rRecipient receive, any benefits offered to City employees, elected officials, appointed commissioners or other public officials, including but not limited to medical benefits, identification cards, parking permits, etc.

While engaging in activities related to the RrRecipient’s volunteer services, the Rrecipient shall not actively solicit or accept, directly or indirectly, an invitation from any person to meet or attend social activities for a purpose that is not directly related to the City activities, events or programs. Nor shall the RRrecipient, while engaging in activities related to the RRrecipient’s volunteer services, use business meetings as an opportunity to promote his/her personal business or private interests.
• The Rrecipient shall not disclose or use information not available to members of the general public – and gained by reason of his/her honorary title – for the Recipient’s personal gain or benefit, or for the personal gain/benefit of any other person or business entity.
• Official City business cards are provided solely to members of the City Council, City Treasurer, and public officials (including appointed Commissioners and City staff). The Rrecipient may develop business cards or private stationery as long as the business cards, letterhead and/or stationery (which reflects their honorary title) does not include the Beverly Hills shield or seal, so as not to imply that the recipient is employed or serve as a public official of the City.
• Any letterhead, stationery or business cards developed for use by the rRecipient must be approved in advance of printing by the City’s Chief Communications OfficerDepartment or his/her designee.
• A rRecipient shall be provided a copy of this Policy and shall agree in writing to abide by the terms of the Policy. This Policy shall apply to all persons who have received an honorary title beginning January 1, 2008.

Quasi-Judicial Hearings
The order for quasi-judicial hearings before the City Council is as follows:

1. Chair opens public hearing

2. Councilmembers report any ex-parte communications

3. Staff presentation

4. Testimony from members of the public who wish to leave

5. Applicant team

6. Testimony from members of the public who stayed to listen to the Applicant’s presentation.

Rev. <Month> <Year> 47

7. Legislative Advocates (pro and con)

8. Applicant rebuttal or response

9. Public rebuttal or response

10. Chair asks applicant if it would like to rebut or respond to any new issues or evidence brought up by the public. If applicant does not wish to speak further on any new issues or evidence, then proceed to #12 (Council questions).

11. If applicant speaks again, Chair asks the public if they would like to rebut.1

12. Council Questions

13. Hearing is closed

14. Council Comments and Deliberations

15. Motions
The Council wishes for all Commissions to adopt this same as procedure for quasi-judicial hearings.

Attachment 2