Agenda packet, closed session, second session — Brentwood City Council, October 10, 2023 (part 3 of 3)

CITY COUNCIL AGENDA ITEM NO. H.4
10/10/2023

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

2. City Council/Administrative Policy 110-5 Ethics and Conduct

3. S2, Ethic Strategies – Outside Legal Counsel Code Review & Recommendation

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ATTACHMENT “1”
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On January 8, 2013, the City Council formed an ad hoc committee comprised of then Vice Mayor Bryant and Council Member Stonebarger. The committee was authorized to review City Council/Administrative Policies regarding their applicability to City Council Members; consider how violations of those policies by Council Members would be treated; and recommend updates of those policies to the City Council.

On January 22, 2013, by motion, the City Council revised the purview of the City Council Policies and Procedures Committee to include the drafting of a City ethics policy.

On December 10, 2013, the City Council adopted Resolution No. 2013-174, amending in its entirety Rule No. 35 (Sanctions) of the Meeting Rules and Procedures Policy to add penalty provisions for violations of Council/Administrative Policies by the Mayor and/or Council Members.

On January 28, 2014, the City Council revised the name of the Policies and Procedures Committee to the Ethics Policy Development Committee and revised the Committee’s purview.

On May 13, 2014, the City Council adopted the Ethics and Conduct Policy (No. 110- 5).

On June 14, 2016, the City Council amended the Ethics and Conduct Policy to add, from the Meeting Rules and Procedures, provisions that related more to City Council general rules of conduct.

On September 13, 2022, Council Member Mendoza requested a future agenda item to consider amending the Ethics and Conduct Policy to permit the discussion of alleged City policy violations by members of the City Council, when following established procedures could result in a majority of the City Council discussing the allegation outside of a noticed meeting.

On September 27, 2022, the City Council authorized expending staff time and resources to amend the Policy as described above.

On October 11, 2022, the City Council adopted Resolution No. 2022-127, amending the City Council’s Ethics and Conduct Policy to allow discussion of alleged City policy violations by members of the City Council, when following the Policy could otherwise

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result in a quorum of the City Council discussing such allegations outside of a noticed meeting.

On October 11, 2022, the City Council directed staff to spend time and resources on the following to update the City of Brentwood Ethics & Conduct Policy:
 Benchmark other cities ethic and conduct policies, include copies of the policies in a future staff report and highlight best practices
 Benchmark policies from Cities that might have recently updated their policy or dealt with recent violations
 Review City Council option to discuss possible violations of State & Federal Law during regular council meetings and to refer to the appropriate legal agencies  Specifically consider Council options for possible Brown Act Violations  Once information is collected as mentioned above, hold a workshop for Council and Public discussion to recommend updated Council Ethics & Conduct Policy.

On March 28, 2023, Vice Mayor Meyer requested a future agenda item regarding a staff presentation on City Council policies related to Council response to public comment.

NO ACTION TAKEN: On April 11, 2023, the City Council received a report on a future agenda item request from Vice Mayor Meyer for a staff presentation and City Council discussion on polices related to City Council response to public comment; information about City Council meeting decorum.

Item Continued: On September 26, 2023, the City Council open public comment and then continued the item without discussion to a future council meeting.

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Subject: Ethics and Conduct Policy Policy No: 110-5 Date: 10/11/2022 Resolution No: 2022-127 Page 1 of 14

CITY OF BRENTWOOD ETHICS

AND CONDUCT POLICY

TABLE OF CONTENTS
Page

1. PURPOSE; APPLICABILITY ........................................................................................... 2

2. CORE VALUES ............................................................................................................... 2

3. PROTOCOL RELATED TO CONDUCT ........................................................................... 5 [Adapted from Existing Policy 110-1 re City Council Meeting Rules and Procedures, Rules 28-35]

3.1 Ceremonial Events

3.2 City Letterhead; Correspondence Signatures

3.3 Travel Expenses

3.4 Endorsement of Candidates

3.5 Conduct with City Staff

3.6 Conduct with Commissions

3.7 Conduct with Other Public Agencies

3.8 Conduct with the Public

3.9 Conduct with the Media

4. IMPLEMENTATION AND ENFORCEMENT...................................................................... 7 Attachment 1, Certification ........................................................................................................... 11

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Subject: Ethics and Conduct Policy Policy No: 110-5 Date: 10/11/2022 Resolution No: 2022-127 Page 2 of 14

1. PURPOSE; APPLICABILITY
It is the intent of this Ethics and Conduct Policy (“Policy”) to promote and maintain fair, ethical, and accountable local government for the City of Brentwood (“City”). The people of Brentwood expect public officials to comply with both the letter and the spirit of the laws of the United States of America and of the State of California; the Brentwood Municipal Code; and established policies of the City affecting the operations of local government. All persons covered by this Policy will aspire to meet the highest ethical standards in discharging their responsibilities as elected officials of the City.

This Policy addresses various aspects related to the governance of the City of Brentwood and supplements, but does not supplant, other laws and rules regarding the legal responsibilities of City officials. These include, but are not limited to, the Federal and State Constitutions; various provisions of the California Government Code (such as the Brown Act and the Political Reform Act); laws prohibiting discrimination and harassment; and the City of Brentwood Municipal Code. Elected officials are expected to be familiar with these laws to ensure that they exercise their public responsibilities in a proper fashion.

While it is not possible to anticipate and provide a rule of conduct and ethics for all situations that public officials may face, this Policy is designed to provide a framework to guide public officials in their daily duties.

In this Policy, the term “City Council” or “Council Members” includes the Mayor and Vice-Mayor, unless the context requires otherwise. Sections 2 and 4 of this Policy apply to Council Members acting in their official capacities and in the discharge of their duties. Section 3 applies to the City Council and Commissions whenever Commissions are specifically mentioned.

2. CORE VALUES.

Attitudes, words, and actions should demonstrate, support, and reflect the following qualities and characteristics for the well-being of the community. The five core values, developed by the employees of the City, and expressions that reflect these core values are as follows:

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Subject: Ethics and Conduct Policy Policy No: 110-5 Date: 10/11/2022 Resolution No: 2022-127 Page 3 of 14
• I use my title(s) only when conducting official City business, for information purposes, or as an indication of background and expertise, carefully considering whether I am exceeding or appearing to exceed my authority.
• I do not accept gifts, services or other special considerations for personal benefit because of my public position.
• I excuse myself from participating in decisions when my or my immediate family’s financial interests may be affected by my City’s actions.
• I do not give special treatment or consideration to any individual or group beyond that available to any other individual.
• I refrain from disclosing confidential information concerning litigation, personnel, property, or other affairs of the City, without proper legal authority, nor use such information to advance my financial or other personal interests.
• I demonstrate concern for the proper use of City assets (such as personnel, time, property, equipment, and funds) and follow established procedures. • I honor commitments, keep promises and build trust.

PASSION -- boundless enthusiasm for what we do
• I promote meaningful public involvement in the City’s decision-making processes. • I approach my responsibilities and work related relationships with zeal and a positive attitude. • I provide friendly, receptive, and courteous service to everyone. • I am attuned to, and care about the needs and issues of the people of Brentwood, public officials and City staff.
• In my interactions with constituents, I am interested, engaged and responsive. • I strongly convey the City’s care for and commitment to the people of Brentwood. • I exhibit a proactive, innovative approach to setting goals and conducting the City’s business. • I show pride and enthusiasm for the City of Brentwood. • I will represent the official polices and positions of the City to the best of my ability when designated for this purpose.
• I am self-motivated and work to motivate others.
• I continually strive to do better.
• I persevere through failures.

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• I do not use public resources, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.
• I make decisions after prudent consideration of their financial impact, taking into account the long-term financial needs of the City, especially its financial stability. • I am a prudent steward of public resources and actively consider the impact of my decisions on the financial and social stability of the City and its residents.

RESPECT – to feel and show esteem and consideration for others • I treat my fellow officials, staff and the public with patience, courtesy and civility, even when we disagree on what is best for the community.
• I understand that I am one of five members of the City Council and will work towards consensus building and gain value from diverse opinions. • I respect the distinction between the role of office holder and staff. I involve staff in meetings with individuals, those with business before the City, officials from other agencies and legislators to ensure proper staff support and to keep staff informed. • I conduct myself in a courteous and respectful manner at all times during the performance of my official City duties.
• If I have a concern about the performance of a City employee, I will not express it in public, to the employee directly or to the employee’s manager. Instead, my comments will be made to either City Manager or City Attorney, as appropriate.
• I support a healthy personal and professional balance for myself and staff. • I encourage full participation of all persons and groups. • I engage in effective two way communication, by listening carefully, asking questions, and determining an appropriate response which adds value to conversations. • I value and recognize my colleagues, staff and the public for their unique skills, talents and perspectives.
• I respect the governmental process and will perform my duties in accordance with the rules of order established by the City Council governing the deliberation of public policy issues, meaningful involvement of the public, and implantation of decisions.

QUALITY – the highest degree of excellence
• I strive to keep the City as a municipal leader and work to ensure that we hire, promote and retain high caliber employees.
• I act in an efficient manner, making decisions based on research and facts, taking into consideration the City’s short and long term goals.
• I follow through in a responsible way, keeping others informed and responding in a timely fashion.
• I am aware of and follow established City processes and guidelines. • I represent the people of Brentwood to the best of my ability • I keep my professional knowledge and skills current and growing. • I promote intelligent and thoughtful innovation in order to forward the City’s policy agenda and City services.
• I endeavor to produce excellent work that moves the City forward in a positive direction. • I consider, understand, and manage risk as I make decisions.

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• I will base my decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.

3. PROTOCOL RELATED TO CONDUCT

3.1 Ceremonial Events. Requests for a City representative at ceremonial events will be coordinated by City staff. Invitations received at City Hall are initially presumed to be for official City representation. Invitations addressed to Council Members at their homes are presumed to be for unofficial, personal consideration.

The Mayor will serve as the designated City representative. If the Mayor is unavailable, then the Vice- Mayor will be asked to attend. If the Mayor and Vice-Mayor are both unavailable, then City staff will determine if event organizers would like another representative from the City Council. (See Policy 110-1, Section 3.3.)

3.2 City Letterhead; Correspondence Signatures.
a. City Letterhead. The use of City letterhead is only for official City business. The Mayor or his/her official designee is authorized to sign letters and various other documents on City letterhead for the following matters:
• Letters of commendation or appreciation.
• Responses to invitations.
• Cover letters accompanying ceremonial actions or official document submittals or any other matter.
• Letters supporting the League of California Cities position on a matter, unless the City Council has taken a contrary position.
• Letters supporting legislation related to approved City projects. • Items routine in nature, experienced in the normal course of conducting the business of the City.

Supplies of City letterhead stationery may not be given to individual Council, Commission or Board members.
b. Correspondence Signatures. City staff may prepare official letters in response to public inquiries and concerns when addressed to the Mayor and/or City Council. These letters will carry the signature of the Mayor unless the Mayor requests that they be signed by another Council Member or City staff. If correspondence is addressed only to one Council Member, that Council Member should check with the City Manager on the best way to respond to the sender.

3.3 Travel Expenses. The policies and procedures related to the reimbursement of travel expenses for official City business by Council Members and City Commissioners are outlined in the City’s Travel Policy and Procedures. (See Council/Administrative Travel Policy No.20-4.)

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3.4. Endorsement of Candidates. Council Members and City Commissioners have the right to endorse candidates for all Council seats or other elected offices. It is inappropriate to mention endorsements during Council meetings or other official City meetings.

3.5 Conduct with City Staff. The City Council shall deal with the City staff solely through the City Manager or City Attorney and pursuant to Brentwood Municipal Code §§2.36.070 and 2.37.050 as may be applicable. City Commissioners shall deal with the City staff solely through the Department Director or staff person assigned as liaison to the particular Commission.

3.6 Conduct with Commissions. The City has established several Commissions as a means of gathering more community input. Citizens who serve on Commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City’s leadership and should be treated with appreciation and respect. a. If a Council Member attends a Commission meeting and wishes to speak, he or she should state clearly whether he or she is representing the view of the Council as a whole or is speaking on behalf of him/herself or another person. b. Limit contact with Commission members to questions of clarification. It is inappropriate for a Council Member to contact a Commission member to lobby on behalf of an individual, business, or developer.
c. Commissions represent and serve the whole community. Commission members are not answerable to an individual Council Member.
d. A primary role of Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives.

Inappropriate behavior by a Commission member should be noted to the Mayor, and the Mayor should counsel the offending member. If inappropriate behavior continues, the Mayor should bring the situation to the attention of the Council and the individual is subject to removal from the Commission.

Inappropriate behavior by a Commissioner can lead to removal, under the Municipal Code.

3.7 Conduct with Other Public Agencies. When meeting with or appearing before another public agency (including a semi-pubic agency), a Council Member must be clear about whether the member is representing the City or his or her personal interests. If a Council Member appears before another public agency or organization to give a statement on an issue, the Council Member must clearly state whether his or her statement reflects personal opinion or is the official stance of the City.

If the Council Member is representing the City, the Council Member must support and advocate the official City position on an issue, not a personal viewpoint. If the Council Member is representing another organization whose position is different from the City, the Council Member should withdraw from voting on the issue if it significantly impacts or is detrimental to the City’s interest. Council Members should be clear about which organizations they represent and inform the Mayor and Council of their involvement.

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3.8 Conduct with the Public.
a. In Public Meetings. Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual Council Members toward an individual participating in a public forum.

Every effort should be made to be fair and impartial in listening to public testimony. 1) Be welcoming to speakers and treat them with respect. 2) Be fair and equitable in allocating public hearing time to individual speakers. 3) Be an active listener.
4) Ask for clarification, but avoid debate and argument with the public. Council Members’ personal opinions or inclinations about upcoming votes should not be revealed until after the public hearing is closed.
5) Avoid personal attacks of any kind, under any circumstances.

3.9 Conduct with the Media. Council Members are frequently contacted by the media for background and quotes. Typically, the Mayor is the designated representative of the Council to present and speak on the official City position. However, if the media contacts an individual Council Member, the Council Member should be clear about whether their comments represent the official City position or a personal viewpoint.

4. IMPLEMENTATION AND ENFORCEMENT.

4.1 General. City of Brentwood elected officials have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. This Policy will be most effective when the elected officials are thoroughly familiar with it and embrace its provisions.

Upon adoption of this Policy, all current elected officials shall be given a copy of it and asked to certify, in writing, that they have received the Policy, understand its provisions, and pledge to conduct themselves by the Policy. All new members of the City Council, upon election or reelection, shall be given a copy of the Policy and are required to certify, in writing, they have received it, and understand its provisions, and pledge to conduct themselves by the Policy. (See Attachment 1.) This Policy is intended to be a reflection of the City Council’s values in concurrence with those of the employees of the City of Brentwood and, as appropriate, may be enforced by the Council through Section 4.2 below.

4.2 Violations.

The provisions of this Section 4.2 apply exclusively to the Mayor and Council Members, and do not extend to members of City Commissions. Violations by Commissioners of this Policy or any other

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Subject: Ethics and Conduct Policy Policy No: 110-5 Date: 10/11/2022 Resolution No: 2022-127 Page 8 of 14
applicable City Council/Administrative Policy may be considered by the City Council, or by a City Council Subcommittee, who will make a recommendation to the City Council on an appropriate City Council response.

A City Council Member who does not follow this Policy or any other applicable City policy may face admonition, sanction, or censure.

This Section 4.2 sets forth the procedures to be followed when there is a belief that a Council Member has violated this Policy or any other applicable City policy. This Rule shall not be used for violations of State or Federal laws as such laws are subject to separate penalty and enforcement provisions outside of the City’s purview.
a. Notification of Allegation. If a Council Member believes that another Council Member has violated this Policy or any other applicable City policy, he or she shall notify the Mayor. If the allegation is against the Mayor, the Vice Mayor shall be notified. If the allegation concerns both the Mayor and Vice Mayor, then the most senior Council Member shall be notified and, if two Council Members share seniority, then the Council Member who received the most votes in their most recent election shall be notified. The person selected will be provided with all background information that the Council Member making the allegation has in their possession.

Once an allegation has been received, the person receiving the allegation shall meet with the City Manager and the City Attorney. At that time, the person who received the allegation will determine whether more information is needed, whether the allegation is unfounded, or whether to recommend that the full Council hear the allegation.

If the person who received the allegation determines that the allegation is unfounded or requires additional information, he or she will notify the Council Member making the allegation. At that time, if the Council Member making the allegation is not satisfied with the person’s determination, he or she may bring the matter to the full Council for review by asking the City Manager, at least a week before the meeting, to place it on the next City Council Agenda; and the City Manager will notify the Council Member against whom the allegation is made about the violation and the future agenda item.

If the person receiving the allegation determines that the allegation should be brought to the City Council for review, at least a week before the meeting he or she will ask the City Manager to place it on the next City Council Agenda for discussion under the New Business portion of the Agenda; and the City Manager will notify the Council Member against whom the allegation is made about the violation and future agenda item.

City Council Members must endeavor to follow the above process when seeking to add an item regarding City policy violations on a City Council Agenda. Where a Council Member making the allegation first discussed the matter with a Council Member other than the person designated to receive such an allegation, then the Council Member may, at least a week before the next City Council meeting, ask the City Manager to place the matter on the next City Council Agenda for discussion under New Business. In that event, the City Manager will notify the Council Member against whom the allegation is made about the violation and future agenda item. Additionally, the City Manager must identify the Council Member with whom the alleging City Council Member discussed the matter, both to the accused and in any staff report provided as part of the City Council Agenda.

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Subject: Ethics and Conduct Policy Policy No: 110-5 Date: 10/11/2022 Resolution No: 2022-127 Page 9 of 14
Should an allegation be brought to the City Council, the City Manager, in consultation with the City Attorney, will prepare a brief staff report that, among other things, reminds the City Council of this Rule. It will be the responsibility of the City Council Member making the allegation to present the matter to his/her colleagues.
b. Potential Council Actions. While the City Council has broad discretion in deciding which of the three potential actions below it may choose to impose in response to violations of this Policy or any other applicable policy, the following are definitions and procedures related to three types of actions: admonition, sanction and censure. Admonition and sanctions are not considered punishments and there are no penalties associated with them; a censure is considered a punishment and may include penalties.

Admonition
This is the least severe form of action. Admonition may typically be directed to all members of the City Council, reminding them that a particular type of behavior is in violation of City policy and that, if it occurs or is found to have occurred, could make a member subject to sanction or censure. Admonition may be issued in response to a particular alleged action or actions, although it would not necessarily have to be triggered by such allegations. Admonition may be issued by the City Council prior to any findings of fact regarding allegations, and because it is a warning or reminder, would not require a separate hearing to determine whether the allegation is true.

Sanction
This is the next most severe form of action. Sanction should be directed to a particular member of the City Council based on a particular action (or set of actions) that is determined to be in violation of City policy, but is considered by the City Council to be not sufficiently serious to require censure. A sanction is distinguished from censure in that it is not a punishment. A sanction may be issued based upon City Council review and consideration of a written allegation of a policy violation. The member accused of such violation will have the opportunity to provide a written or verbal response to the allegation. A sanction may be issued by the City Council and because it is not punishment or discipline, would not require a separate hearing.

Censure
Censure is the most severe form of action contemplated in this policy and available to the City Council. Censure is a formal statement of the City Council officially reprimanding one of its members. It is a punitive action, which serves as a penalty imposed for wrongdoing. It may be combined with loss of committee assignments (either within the City of Brentwood or with inter-governmental agencies) or the restriction of official travel.

Censure should be used for cases in which the City Council determines the policy violation is a serious offense.

In order to protect the overriding principle of freedom of speech, the City Council shall not impose censure on any of its members for the exercise of their First Amendment rights, no matter how distasteful the expression was to the Council and the City. However, nothing here in shall be construed to prohibit the City Council from collectively condemning and expressing their strong disapproval of such remarks.

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Subject: Ethics and Conduct Policy Policy No: 110-5 Date: 10/11/2022 Resolution No: 2022-127 Page 10 of 14
c. City Council Discussion; Admonition or Sanction. At the meeting when the allegation is to be considered, the City Council may discuss it and determine whether to issue an admonition or sanction; or to hold a separate hearing to consider censure. Where the City Council decides to issue an admonition or sanction, a resolution may be prepared for the next meeting based upon the City Council discussion and direction. d. Censure. If the City Council decides to conduct a separate public hearing on the question of censure, they will direct the City Manager, in consultation with the City Attorney, to engage the services of an independent third party investigator to conduct an investigation of the matter, prepare factual findings and make a recommendation as to the allegation’s merit to the City Council. At that time, the City Council will also set a “not to exceed” investigation budget. Should, in the course of the investigation, it appear that the investigator’s costs will exceed the approved budgeted amount, then the City Council will be notified, at a duly noticed public meeting, to determine whether to increase the budget or stop the investigation.

If the investigator determines there is no factual merit to the allegation, that information will be conveyed to the City Council prior to a censure hearing. At that time, the City Council will determine whether to take no additional action; or to issue an admonition or a sanction.

If the investigator determines there is factual merit to the allegation, a report of the factual findings shall be presented to the City Council for hearing and determination. e. Censure Hearing. If a separate hearing is set to consider the question of censure, it must be set far enough in advance to give the Council Member subject to the allegation adequate time to prepare a defense.

The person who received the original allegation from the Council Member who made the allegation will preside at the hearing. The rules of evidence will not apply to the hearing, which is not a formal adversarial proceeding.

The investigator will present his or her report and the City Council, including the Council Member who is the subject of the investigation, will have the opportunity to question the investigator. The Council Member who is the subject of the allegation will have an opportunity to present a rebuttal to the allegation, which shall be limited to thirty minutes unless extended by the City Council.

The Council Member who is the subject of the allegation may be represented at the hearing and may have the representative speak or ask questions on his or her behalf. The City Council may also allow the testimony of a limited number of witnesses. The right to present witnesses shall be within the absolute discretion of the City Council.

Following the rebuttal, any witness testimony and any closing statement of the Council Member who is the subject of the allegation, the City Council shall hear public comments. At the conclusion of the public comments, the City Council shall discuss the matter and render a decision on whether to censure the Council Member against whom the allegation has been raised.

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Should the City Council decide to censure the Council Member against whom the allegation has been raised, they shall direct the City Manager, in consultation with the City Attorney, to prepare a resolution making findings and penalties with regard to the specific charges, based on substantial evidence. The resolution will be considered by the City Council at a duly noticed public meeting.

Revision History
Date Resolution No.
5-13-2014 2014-55 adopted original Policy 110-5
6-14-2016 2016-74 Amended Policy 110-5 (Revising Sections 1 and 3 and adding Section 2 edited from former Policy 110-1, Rules 28-36. 10/11/2022 2022-127 Amended section 4.2 a. Notification of Allegation.

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COUNCIL/ADMINISTRATIVE POLICY
Subject: Ethics and Conduct Policy Policy No: 110-5 Date: 10/11/2022 Resolution No: 2022-127 Page 12 of 14
Attachment 1

CERTIFICATION
As an elected official of the City of Brentwood, California, I herein certify that I have received a copy of the City’s Ethics and Conduct Policy, have been offered training and assistance in understanding this Policy, and am aware of the provisions of the Policy and its application to my responsibilities. Consistent with the Policy, I pledge that I will abide by the Policy in the conduct of my duties, including the following:

INTEGRITY – uncompromising adherence to moral and ethical principles • I am honest with my fellow elected officials, City staff, members of the community, and others. • I do not promise what I believe to be unrealistic.
• I am prepared to make unpopular decisions when my sense of the public’s best interests requires it.
• I credit others’ contributions to moving our community’s interests forward. • I do not knowingly use false or inaccurate information to support my position or views. • I safeguard my ability to make independent, objective, fair and impartial judgments by scrupulously avoiding financial and social relationships and transactions that may compromise, or give the appearance of compromising, objectivity, independence, and honesty.
• I do the right thing, even when no one is looking.
• I use my title(s) only when conducting official City business, for information purposes, or as an indication of background and expertise, carefully considering whether I am exceeding or appearing to exceed my authority.
• I do not accept gifts, services or other special considerations for personal benefit because of my public position.
• I excuse myself from participating in decisions when my or my immediate family’s financial interests may be affected by my City’s actions.
• I do not give special treatment or consideration to any individual or group beyond that available to any other individual.
• I refrain from disclosing confidential information concerning litigation, personnel, property, or other affairs of the City, without proper legal authority, nor use such information to advance my financial or other personal interests.
• I demonstrate concern for the proper use of City assets (such as personnel, time, property, equipment, and funds) and follow established procedures. • I honor commitments, keep promises and build trust.

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COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Ethics and Conduct Policy
Policy No: 110-5 Date: 10/11/2022
Resolution No: 2022-127 Page 13 of 14
• I exhibit a proactive, innovative approach to setting goals and conducting the City’s business. • I show pride and enthusiasm for the City of Brentwood. • I will represent the official polices and positions of the City to the best of my ability when designated for this purpose.
• I am self-motivated and work to motivate others.
• I continually strive to do better.
• I persevere through failures.

ACCOUNTABILITY – answerable for our actions
• I take responsibility for all that I do; I am responsible for my actions and accept the consequences of my actions.
• I do not make promises on behalf of my colleagues without their concurrence at a duly noticed public meeting.
• I treat all persons, claims and transactions in a fair and equitable manner; I make decisions based on the merits of the issue.
• If I receive substantive information that is relevant to a matter under consideration from sources outside the public decision-making process, I publicly share it with my colleagues and staff.
• I work to contribute to a strong organization that exemplifies transparency and open communication.
• I do not use public resources, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.
• I make decisions after prudent consideration of their financial impact, taking into account the long-term financial needs of the City, especially its financial stability. • I am a prudent steward of public resources and actively consider the impact of my decisions on the financial and social stability of the City and its residents.

RESPECT – to feel and show esteem and consideration for others • I treat my fellow officials, staff and the public with patience, courtesy and civility, even when we disagree on what is best for the community.
• I understand that I am one of five members of the City Council and will work towards consensus building and gain value from diverse opinions. • I respect the distinction between the role of office holder and staff, I involve staff in meetings with individuals, those with business before the City, officials from other agencies and legislators to ensure proper staff support and to keep staff informed. • I conduct myself in a courteous and respectful manner at all times during the performance of my official City duties.
• If I have a concern about the performance of a City employee, I will not express it in public, to the employee directly or to the employee’s manager. Instead, my comments will be made to either City Manager or City Attorney, as appropriate.
• I support a healthy personal and professional balance for myself and staff. • I encourage full participation of all persons and groups. • I engage in effective two way communication, by listening carefully, asking questions, and determining an appropriate response which adds value to conversations. • I value and recognize my colleagues, staff and the public for their unique skills, talents and perspectives.

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COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Ethics and Conduct Policy
Policy No: 110-5 Date: 10/11/2022
Resolution No: 2022-127 Page 14 of 14
• I respect the governmental process and will perform my duties in accordance with the rules of order established by the City Council governing the deliberation of public policy issues, meaningful involvement of the public, and implantation of decisions.

Signed this day of , 20 .

Signature:

Printed Name:

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www.strategies4ethics.com
September 1, 2023
Honorable Members of the Brentwood City Council
City Hall, City of Brentwood
150 City Park Way
Brentwood, CA 94513
Subject: Thoughts on the Council’s Ethics and Conduct Policy Dear Honorable City Council Members:

I have reviewed the City of Brentwood’s Ethics and Conduct Policy with an eye to how it compares (“benchmarks”) to best practices in this area. My conclusion is that it compares very favorably for the reasons described below.

That being said, I have some initial suggestions on options for the Council to consider in strengthening the policy and –most importantly-- the results it achieves. Those suggestions are also described below.
(By way of background, local agency values-based ethics codes are a longstanding interest of mine. I wrote the Institute for Local Government’s guide on the topic and have helped a number of agencies develop their codes, including most recently the City of Carlsbad. In the course of this work, I monitor what local agencies are adopting in this area.) Why/How the City’s Policy “Benchmarks” Well
The City of Brentwood’s policy observes some of the most important best practices in the area of ethics codes. Some of the positive attributes of the policy include:

P Values-oriented: It identifies the over-arching values that the Council (that adopted the code) believes should guide elected officials’ service to the community and their relationships with each other and staff.

P Positive: It focuses on “do’s” rather and “don’ts.”

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Honorable Brentwood Mayor and City Council Members
September 1, 2023

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P Extensive: It reflects a great deal of thought by the policy’s original architects about what kinds of behaviors reflect well on those in public service.

Opportunities to Consider
Some of the areas in which the policy and, most importantly, the policy’s impact might be enhanced include:
• Length and Relevance: “Extensiveness” (or length) can be a double-edged sword.

The policy’s efforts to be comprehensive means that it may include provisions that are less central to the role of an elected official. This may be the result of an effort to synchronize the policy with the values statement originally adopted by staff. Longer documents—particularly those with less relevant information--are more difficult for busy elected officials to keep top of mind.
• Terminology: The code has language that may be ambiguous or overly broad. For example, the term “integrity” is certainly an important term in the ethics field.

However, the term’s meaning can vary. In fact, one noted ethics scholar spent some 22 pages(!) developing a working definition (albeit a very good one) based on the literature available on the term’s meaning.
*
Would “trustworthiness” be a core value* that might be more descriptive and therefore more helpful to individual elected officials in describing the kinds of considerations that might guide their actions in that section of the Council’s policy? • Process: To be maximally effective, it can be helpful for those whose conduct is to be guided by the document to have the opportunity for input into its content. A good practice is to give Councilmembers the opportunity to review, revise and refine ethics codes periodically to make sure the document reflects the current Council’s—and their constituents’—thinking. Such input promotes ownership the document, which can increase its impact.
• Implementation: An important part of the policy-making process is implementation.

Most of the time, implementation is a staff function. This is less so with policies that pertain to the Council’s values and behaviors, since Councilmembers in their words and * See this article for a lengthy analysis of what the term “integrity” means. For a briefer discussion of the relationship of integrity to core values, see https://patimes.org/core-values-as-a-foundation-for-thinking-about-ethics-education/

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Honorable Brentwood Mayor and City Council Members
September 1, 2023

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actions are the policy’s implementers. There are some additional practices the Council can consider in enhancing its implementation processes. See, for example, the implementation practices the City of Carlsbad recently adopted (see page 1 of the attached document; for reference, the entire code is attached).

Another resource for the Council to consider in thinking about both process and content is the Institute for Local Government’s guide to developing an ethics code, which includes worksheets with sample provisions. The Institute also has a list of sample codes on its website.

Conclusion
Again, in my experience and observation, Brentwood’s policy compares favorably with others adopted by local agencies. There is no one “right” or “best” language for such policies; in fact, some argue the process is just as, if not more, important than content. As noted above, there are, however, opportunities to strengthen the City’s code and effectiveness even further should the Council choose.

Very truly yours,
JoAnne Speers
Principal, S2 Ethics Strategies
https://www.linkedin.com/in/joannespeers/
Attachment: City of Carlsbad Code of Ethics and Public Service Values

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Attachment: Carlsbad Code of Ethics and Public Service Values

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City of Carlsbad Code of Ethics and Public Service Values Source: https://www.carlsbadca.gov/city-hall/city-council/code-of-ethics Preamble
The effective operation of democratic institutions requires that public officials have the trust and respect of the communities they serve. Accordingly, the City Council of the City of Carlsbad has adopted this code to:
• Encourage the highest standards of behavior by City of Carlsbad elected officials; • Make implicit norms of leadership and communication explicit; and • Provide an ongoing source of guidance to City of Carlsbad officials in their day-to-day service to the City.

To this end, the City of Carlsbad City Council has adopted this code relating to values-based decision-making. As part of their service to the City of Carlsbad, individual City Council Members agree to practice the values described in this code in their day-to-day service to the City of Carlsbad.

The City Council further directs that this code be:
• Distributed to individual City Council Members for signature and, once signed, posted on the City Council section of the city website;
• Included in the materials provided to candidates for City Council; • Covered in newly elected officials’ orientation materials and training (including AB 1234 training); and • Agendized for discussion annually as an opportunity for City Council review, self-evaluation, discussion, and revision, if appropriate.

Adopted by the City of Carlsbad City Council on Nov. 16, 2021.

Value: Respect

1. As a leader of the community, I model civility. In practice, this means that:
• I treat my fellow officials, staff and the public politely, professionally and with an appreciation for our common humanity, even when we disagree on what is best for the community. • When I explain my disagreement with a colleague or City Council decision to others, I do so in a way that focuses on the merits of an issue and recognizes that reasonable people of differing interests and/or good intentions can disagree on what is best for our community. • When my perspective doesn’t prevail, in discussing the outcome in the community, I frame my colleagues’ differing positions in the spirit of moving onward from the decision and in the same way I would want my colleagues to frame my own differing positions.
• I contribute to a culture and practice of active acknowledgement by recognizing colleagues and persons who model values-based decision-making under challenging circumstances.

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Attachment: Carlsbad Code of Ethics and Public Service Values

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• I refer to my colleagues on the City Council by their formal city titles (for example, “Council Member,” “Mayor,” etc.), and/or appropriate gender pronouns unless an individual has expressed a preference for an alternative title (for example, “Reverend,” “Dr.,” etc.)

2. I invite and respect public input to inform my sense of what is in the community’s best interests and incorporate it in the decision-making process to ensure meaningful public engagement. In practice, this means that:
• I am attentive and engaged in meetings.
• I welcome diverse perspectives and consider them in my decision-making. • I act in ways that help people feel valued when they participate in our city’s decision-making processes. • As an elected official, I gather public input and information to make the best decision with a spirit of curiosity and inquiry.
• I involve all appropriate stakeholders and the public in general in meetings affecting city decisions. • I strive to make people feel heard, by listening carefully, sharing what I think I have heard, asking clarifying questions, and seeking to understand the interests underlying their positions.

3. My actions reflect the belief that elected officials, city staff and others who serve the agency are on the same team in service to the community, even though we have different roles. In practice, this means that:
• I act on the understanding that staff’s role is to provide objective information and analysis to inform the decision-making process within the resources that they have available, even if this information and analysis don’t support the decision I believe is best.
• When I know I will be asking one or more questions on an agenda item, I alert the City Manager or City Attorney as appropriate in advance so staff can be prepared to provide the most complete answer to inform both the City Council and the public.
• I ask questions to authentically deepen my understanding of staff analysis and its factual underpinnings, as well as inform the public; I argue the merits of decisions with my fellow City Council Members. • I communicate any concerns I have about city functions, staff analyses or individual staff performance to and through the city manager.
• I act on the understanding that I am part of a group decision-making process and that staff take direction from City Council collective action.

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Attachment: Carlsbad Code of Ethics and Public Service Values

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Value: Responsibility

1. I model and promote clear communication. In practice, this means that:
• I support defining important words, terms, and context, avoiding jargon (including use of acronyms) and using examples.
• I ask questions to test any inferences and assumptions I may be inclined to make based on what I am hearing people say; I support others doing likewise.
• I am direct and transparent in explaining my reasoning, interests, goals and intentions to help others understand what I am saying and why. I contribute to an interpersonal environment that supports such transparency and forthrightness from others to help move conversations forward with the goals of finding common ground and maximizing the public’s best interests. • I verify (fact check) statements reportedly made by a colleague directly with that colleague. • I make myself available for one-on-one conversations about the values in this code. • I am transparent and publicly disclose relevant information.

2. I work collaboratively to improve our community’s quality of life and promote the public’s best interests. In practice, this means that:
• I gain value from diverse perspectives and consider them in my decision-making. • I recognize that I am an agent for the democratic process, not the owner of authority. • I seek information from community members and my colleagues about what qualities an acceptable solution might have to a problem (their interests), in addition to hearing what their positions are.

3. I consider the larger picture in my decision-making and actions. In practice, this means that:
• I consider the short-, medium-, and long-term effects of my decisions and actions. • I strive to foster effective relationships with state, regional and other public agencies and their officials.

4. I am accountable for my actions and words. In practice, this means that:
• I am prepared to make unpopular decisions when my sense of the public’s best interests requires it. • I take responsibility for my actions, even when it is uncomfortable to do so. This includes apologizing when I realize that my behavior has fallen short of the aspirational standards in this code. • As part of my commitment to growth and learning, I am open to constructive feedback from my colleagues and others—ideally first expressed on a human-to- human (one-on-one) basis--when they think I may have acted in a way that falls short of my goal of the values-based decision-making and the behaviors described in this code.
• I keep open communication with my fellow City Council members when speaking or making presentations in other City Council members’ districts.

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Attachment: Carlsbad Code of Ethics and Public Service Values

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• I will review these code provisions with my colleagues at least annually, looking for opportunities to refine, improve and/or update the provisions given current developments and dynamics.

Values: Compassion and Fairness

1. I am empathetic and care about the needs of the public, my colleagues and staff. In practice, this means that:
• When interacting with others, I put myself in others’ shoes, understanding that people have different lived experiences.
• I am sensitive that those interacting with public officials, whether staff or community members, can be intimidated by public officials and public agency processes. I try to make interactions with the City Council as stress-free as possible.
• My actions reflect an awareness that people respond to both verbal (including tone of voice) and non-verbal cues; I also recognize that some people, including me, can interpret verbal and non-verbal cues differently, depending on the attributes of the source.
• I use active listening techniques (repeating back, follow-up questions, taking notes as appropriate, and other verbal and non-verbal cues) to demonstrate that I am hearing and listening to what people are saying. • I carefully consider all colleague’s and public’s perspectives and input when making decisions. • I value the personal experiences that contribute to my colleagues’ and the public’s views on a given matter. • I initiate one-on-one conversations with those who have different positions on issues to better understand those positions; I look for opportunities to identify shared values and interests. • I view the opportunity to provide feedback to my colleagues relating to values-based decision-making— ideally first on a human-to-human (one-on-one) basis—as opportunities for mutual understanding, growth and learning.
• I understand that everyone makes mistakes and, in the spirit of collegiality, I accept apologies when they are offered. I set aside grudges that may be tempting to hold. • I look for opportunities to celebrate generative, positive examples of the application of this code.

2. I embrace our community’s and city team’s diversity. In practice, this means that:
• I consider the diversity, equity and inclusion implications of policy decisions I make. • I participate in regular educational activities to enhance my insights into a wide variety of diversity, equity and inclusion issues.

3. I promote fair and consistent processes. In practice, this means that:
• I make decisions on policies, hiring and contracting prioritizing merit and value to the community and equitable practices rather than favoritism and/or family or personal relationships. • I honor the law’s and the public’s expectation that city policies will be applied consistently.

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Attachment: Carlsbad Code of Ethics and Public Service Values

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• I am impartial in my decision-making and do not favor those who either have helped me (or are in a position to do so) and disfavor those who have not (or are not). • I make it a practice to communicate equitably with members of the community, irrespective of their influence, power or campaign donations.
• I make a conscious effort to avoid favoritism or bias (including unintended bias) in my actions and decisions.

Value: Integrity

1. I am truthful with my colleagues, the public and others. In practice, this means that:
• I carefully consider any promise I make and then I keep it; I make only promises I believe are realistic. • I treat information I receive with a spirit of inquiry and presumed positive intent; I fact-check information as necessary with colleagues, staff and others.
• I honor commitments I and my agency make.
• I credit others’ contributions to moving our community’s interests forward. • I only disclose confidential information when I am authorized to do so. • I explain the official positions of the city to the best of my ability when I am authorized to do so. I am clear in stating my own views that these views may or may not represent the city’s position.

2. My actions are consistent with my words. In practice, this means that:
• I follow through on the commitments I make.
• Building and maintaining trust is an ongoing process. I act in ways that promote the public’s trust in both 1) the city as an expression of community democratic processes and 2) my own role as a member of the city’s governing body.

3. I comply with both the letter and the spirit of laws that are designed to promote public trust and confidence in our agency’s decision-making. In practice, this means that:
• I demonstrate, by my actions and my words, that I am a guardian of the public’s trust and confidence in the city, its elected officials and staff.
• I use public resources for public purposes, not for private benefit or political purposes. • I decline and do not seek gifts, favors, and other special treatment. • I make decisions based on my sense of the public’s best interests. In so doing, I am mindful of the nonpartisan nature of city, county, school and judicial offices provided for in California’s constitution.

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CITY COUNCIL AGENDA ITEM NO. I.2.a
10/10/2023
SUBJECT: Consider a Request from Council Member Pierson for the Creation of an Ethics and Conduct Policy for City Commissions
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Pierson regarding the creation of an Ethics and Conduct Policy for City Commissions.

FISCAL IMPACT
The fiscal impact associated with this item is approximately $5,000. This includes staff development and outside legal review that may take several months based on current work capacity. If staff is directed to move forward with consultant assistance, staff will return to City Council for their approval of any necessary General Fund budget adjustments.

BACKGROUND
Pursuant to Council Policy 110-1 Rule 4.4 (b)(2), this item has been placed on the agenda so that Council may discuss it and provide further direction to staff. Pursuant to Section 4.4, Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE

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CITY COUNCIL AGENDA ITEM NO. I.2.a
10/10/2023
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

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On September 26, 2023, Council Member Pierson requested a future agenda item regarding the creation of an Ethics and Conduct Policy for City Commissions.

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CITY COUNCIL AGENDA ITEM NO. I.2.b
10/10/2023
SUBJECT: Consider a Request from Council Member Pierson for the Creation of a Race and Equity Committee of the Council.

DEPARTMENT: City Manager
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Pierson regarding the creation of a Race and Equity Committee of the Council.

FISCAL IMPACT
There is no fiscal impact associated with this item establishing the committee.

However, the fiscal impact is unknown depending on the recommendation by Council.

If staff is directed to move forward with consultant assistance assisting with the committee, staff will return to City Council for their approval of any necessary General Fund budget adjustments.

Should Council direct staff to spend time and resources on this issue, the draft scope of the committee and committee assignments will be brought to Council for consideration on January 9, 2024.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

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CITY COUNCIL AGENDA ITEM NO. I.2.b
10/10/2023

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

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On September 26, 2023, Council Member Pierson requested a future agenda item related to creating a Race and Equity Committee.

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CITY COUNCIL AGENDA ITEM NO. I.2.c
10/10/2023
SUBJECT: Consider a Request from Council Member Pierson for the Creation of a Citywide Racial Equity Plan.

DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Pierson regarding the creation of a citywide racial equity plan.

FISCAL IMPACT
The fiscal impact associated with this item is approximately $50,000. This includes plan development by a consultant who specializes in Diversity Equity and Inclusion as well as staff and outside legal review that will take many months. If staff is directed to move forward with consultant assistance, staff will return to City Council for their approval of any necessary General Fund budget adjustments.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

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On September 26, 2023, Council Member Pierson requested a future agenda item related to creating a citywide racial equity plan.

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CITY COUNCIL AGENDA ITEM NO. I.2.d
10/10/2023
SUBJECT: Consider a Request from Council Member Pierson for the Creation of an Anti-racism and Anti-hate Crime Policy
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Pierson regarding the creation of an Anti-racism and Anti-hate Crime Policy.

FISCAL IMPACT
The fiscal impact associated with this item is approximately $5,000 and would be the responsibility of the General Fund. This includes staff development and outside legal review over the next few months, aside from any existing policies already in place.

If this item moves forward staff will bring a General Fund budget request at a later date.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

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CITY COUNCIL AGENDA ITEM NO. I.2.d
10/10/2023

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

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On September 26, 2023, Council Member Pierson requested a future agenda item related to creating an anti-racism and anti-hate crime resolution or policy.

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CITY COUNCIL AGENDA ITEM NO. I.2.e
10/10/2023
SUBJECT: Consider a Request from Council Member Pierson regarding a review of Brentwood Municipal Code sections that are no longer enforceable
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Pierson regarding a review of Municipal Code section 2.45.020 regarding the powers and duties of the Park and Recreation Commission, and any sections of the Municipal Code that are no longer enforceable.

FISCAL IMPACT
There is no fiscal impact associated with the part of this agenda item that pertains to updating Municipal Code section 2.45.020, and only a few staff hours would be involved.

However, a significant amount of time and expense would be needed to review the entire municipal code for any like implications, and would need outside contractual and legal assistance. If authorized, staff would need to compile estimates of staff time and contractual assistance for the Council’s consideration and return for authorization.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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CITY COUNCIL AGENDA ITEM NO. I.2.e
10/10/2023

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

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On September 26, 2023, Council Member Pierson requested a future agenda item for the review of Municipal Code section 2.45.020 pertaining to the powers and duties of Park and Recreation Commission, and any sections of the Municipal Code that are longer enforceable.

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CITY COUNCIL AGENDA ITEM NO. I.2.f
10/10/2023
SUBJECT: Consider a Request from Vice Mayor Meyer regarding an update to the process for Council presentations of proclamations.

DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Vice Mayor Meyer regarding updates to the process for Council presentations of proclamations.

FISCAL IMPACT
There is no fiscal impact associated with this item, and staff time will be minimal.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION

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CITY COUNCIL AGENDA ITEM NO. I.2.f
10/10/2023
Not Applicable.

ATTACHMENT(S)

1. Previous Action

2. Proclamation Policy

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On September 26, 2023, Vice Mayor Meyer requested a future agenda item for the review of the presentation process for proclamations.

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Subject: Procedures for Ceremonial
Documents Policy No: 110-4 Date: May 26, 2022
Resolution No:
2022-65

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PURPOSE
The purpose of this policy is to establish guidelines for the issuance of ceremonial documents including proclamations and certificates of appreciation/recognition.

POLICY
A. Requests for Recognition Criteria:

The City of Brentwood will consider a request for a proclamation or certificate of appreciation/recognition from any group or individual, as long as the request has some type of local relevance and/or promotes activities taking place in the City of Brentwood. All requests are subject to approval by and prepared on behalf of the Mayor or the Mayor’s designee. The general criteria for the issuance of these types of recognition are:

1. Issues with widespread community interest or concern, with a primary emphasis on requests that are in support of City Council goals and objectives;

2. Recognition of a local, civic organization, group or individual achieving outstanding or significant accomplishments

3. Acknowledgment of significant events or celebrations.

B. Ceremonial Documents:

1. Certificates
Certificates of Appreciation/Recognition may be issued for the following (not an exhaustive list):
• Heroism
• Eagle Scout achievement
• School or sports groups achievements
• Non-profit corporations
• Retirements
• Individuals or groups who have made significant contributions to the community Information required: A summary of the achievement or an overview of the years of service or specific contribution to the community.

2. Proclamations – The City Council will adopt an annual calendar of proclamations each year.

Proclamations may be issued for the following (not an exhaustive list):
• Brentwood civic celebrations
• Brentwood organizations contributing to the economic development of the City • Issues with widespread Brentwood community interest with a primary emphasis on requests in support of City Council’s goals and objectives • Significant Brentwood community based events
• Significant anniversaries of City of Brentwood based institutions, corporations, community partners, and non-profit organizations
• Fundraisers benefiting the citizens of Brentwood
Information required: A brief history of the organization or a description of the purpose, goals, motto or theme of the event is required to complete the proclamation. If funds are to be raised, who will benefit from the event, and what will take place during the time of celebration/recognition, including dates and times.

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COUNCIL/ADMINISTRATIVE POLICY
Subject: Procedures for Ceremonial
Documents Policy No: 110-4 Date: DRAFT
Resolution No:
2022-65

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CITY OF BRENTWOOD
All proclamations considered by the Mayor and the City Manager’s Office will be placed on a City Council agenda. Routine proclamations will be placed on the Consent Calendar, and in the event a recipient is present, these items can be pulled from the Consent Calendar to allow the recipient a brief statement related to the proclamation. Proclamations requested by a City Council Member who would like to recognize a specific person or organization will be placed under Presentations.

When appropriate, the City’s social media channels may be used to inform the public of the proclamation.

C. Receiving Requests:

To start the ceremonial document process an individual or organization must first submit a written request. Written requests should be sent to the attention of the Mayor on the standard application. Requests received will be administered by the City Manager’s Office and the City Clerk Division and approved by the Mayor.

All requests must be received at least fifteen (15) business days prior to the event to the address listed on the Request for Ceremonial Documents Form.

All requests will go through an internal review and approval process. The Mayor and the City Manager’s Office reserves the right to determine the appropriateness and the type of document to be issued based on the information provided by the requesting individual and/or organization. Submission of a request, does not guarantee the issuance of a ceremonial document.

All requests must include the name and daytime phone number of the contact person.

Submitting a draft with your request of the document desired will expedite the process considerably.

Please specify whether the document should be mailed, held for pick-up, or presented at a special event or City Council meeting. Documents will be presented at special events pending the availability of the Mayor, his/her designee or other city officials to honor such requests.

Presentation at a specific City Council meeting must be approved in advance by the City Manager or his/her designee.

Only one ceremonial document will be issued per event.

D. Other Types of Presentations: The City will also, on occasion, issue other types of formal recognition, including plaques at special events, or a Key to the City as determined by the issuing official. The City Manager’s Office will be responsible for the coordination of these events.

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CITY COUNCIL AGENDA ITEM NO. I.2.g
10/10/2023
SUBJECT: Consider a Request from Vice Mayor Meyer for the Creation of a Council Committee for Age Friendly Communities
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Vice Mayor Meyer regarding the creation of a Council Committee for Age Friendly Communities.

FISCAL IMPACT
There is no fiscal impact associated with authorizing the formation of this committee.

However, significant staff time, approximately 10-20 hours per month, could be involved in working with the committee and efforts with stakeholders preparing for funding requests related to the effort. If consultant assistance is needed, costs could exceed $50,000 or more.

If staff is directed to move forward with consultant assistance, staff will return to City Council for their approval of any necessary General Fund budget adjustments.

Further, is this committee is determined to be a standing versus ad-hoc committee, staff time involved would increase.

Should Council direct staff to spend time and resources on this issue, the draft scope of the committee and committee assignments will be brought to Council for consideration on January 9, 2024.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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CITY COUNCIL AGENDA ITEM NO. I.2.g
10/10/2023

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

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On September 26, 2023, Vice Mayor Meyer requested a future agenda item related to creating an Age Friendly Communities committee.

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CITY COUNCIL AGENDA ITEM NO. I.2.h
10/10/2023
SUBJECT: Consider a Request from Council Member Mendoza to have Department Directors report to the City Council
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Damien Brower, City Attorney

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Mendoza regarding the pros and cons of having department directors report to the City Council and the process for implementing this change.

FISCAL IMPACT
The fiscal impact will come from the time and costs associated with the use of outside legal counsel to explore the legal implications of implementing the underlying proposal, and/or a consultant to assist with looking into the pros and cons of enacting such a proposal and the implementation process.

While not an exhaustive list, some areas where outside legal counsel would be utilized include an initial determination of whether the proposed structural change is allowed under State law. If such a change is permitted, then special counsel or an outside consultant could be used to look into the pros and cons of enacting such a proposal and the implementation process.

If the Council subsequently moves forward with the proposal, then outside legal counsel would assist in revising the City’s Municipal Code and policies pertaining to department directors. In addition, they would assist the City Council in the negotiation of any employment agreements with the department directors, as well as assist the Council with the eight additional performance reviews for which the City Council would be responsible.

Very preliminary legal cost estimates would be $5,000-$10,000 to determine the Council’s ability to implement the proposal, $10,000-$20,000 to develop a list of the pros and cons/implementation process, $25,000-$40,000 to implement the proposal,

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CITY COUNCIL AGENDA ITEM NO. I.2.h
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and $25,000-$35,000 to assist the City Council with the annual evaluation process.

These estimates do not include any costs associated with defending the City if the proposal is challenged in court. All these costs would be of the General Fund, and staff will return for City Council approval if necessary.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

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On September 26, 2023, Council Member Mendoza requested a future agenda item for Council to consider the pros and cons of having department directors report to the City Council and the process for implementing.

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CITY COUNCIL AGENDA ITEM NO. I.2.i
10/10/2023
SUBJECT: Consider a Request from Council Member Mendoza Establishing a Council Design Standards Committee.

DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Mendoza establishing a Council Design Standards Committee.

FISCAL IMPACT
The fiscal impact of this item would depend on how and when the committee meets and the direction it provides to staff. If the committee met in the evening, similar to the Land Use and Development (LUD) committee, the meeting would require staff overtime. Agenda items regarding a complex subject could incur outside consultant costs. Staff time would be paid out of the General Fund.

If a consultant or outside legal assistance were required, this would be an additional cost based on the hourly rates of those consultants. These costs could be $1,200 or higher per meeting depending on the number of hours needed. This could also require an increase in the CIP budget for the Objective Design Standards (ODS) project (CIP #337-37258) and an amendment to the consultant’s contract. The General Fund portion of the budget for this CIP project is $140,000.

Staff will return with a General Fund Budget amendment request, if necessary, based on further direction and clarification received.

WORKLOAD IMPACT
Based on Council direction on January 24, 2023, staff drafted Interim ODS, which were adopted by the City Council June 27, and the City has contracted with a consultant (the De Novo Group) to develop Permanent ODS. The Consultant has begun working on the project and staff will be asking LUD, the City Council, and the Planning Commission for feedback and direction on the Permanent ODS they would like the City to adopt in the next several months.

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Planning staff is currently at capacity with multiple long range planning projects, future Council agenda items, development applications, plan checks, etc. It is unclear at this time what the purview of the possible new committee would be, but if a Committee was formed to discuss and draft design standards separately from the Permanent ODS project already underway, staff does not have the capacity to work on separate projects related to design standards at the same time. Thus, the timelines of other projects would have to shift significantly to accommodate any additional work.

Further, if a committee were to provide direction that conflicted with or differed from the direction received from the City Council, Planning Commission, and/or LUD, it would cause delays and confusion for the Permanent ODS project.

Alternatively, if a committee were formed to periodically update the ODS in the future once they are adopted by the City Council, this would have no impact on the schedule for the ODS project.

Should Council direct staff to spend time and resources on this issue, the draft scope of the committee and committee assignments will be brought to Council for consideration on January 9, 2023.

CITY COUNCIL STRATEGIC INITIATIVE
City of Brentwood Strategic Plan FY 2022/23 – FY 2023/24 Focus Area 4: Land Use Planning, Goal 1: Implement Zoning Ordinance update to maintain compliance with State law, including developing objective design standards (SB 330 compliance).

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

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ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

Page 310 of 317 ends

On September 26, 2023, Council Member Mendoza requested a future agenda item to establish a Design Standards Committee.

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CITY COUNCIL AGENDA ITEM NO. I.2.j
10/10/2023
SUBJECT: Consider a Request from Council Member Mendoza for an appraisal for the former Davis Camp property & Process
Discussion about Rezoning the site and developing it, in part, as a Park
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Mendoza for an appraisals for the former Davis Camp property & process discussion about rezoning the site and developing it, in part, as a park.

FISCAL IMPACT
The cost of an appraisal is budgeted, however, the costs to subdivide the parcel and purchase part of it could cost several hundred thousand dollars, not including any park equipment purchases, etc.

Staff time would be minimal for obtaining the appraisal, however, the implementing rezoning and purchasing effort would be significant, and take months to complete.

Additionally, feedback would be sought from the Parks & Recreation Commission about park design, equipment purchases, etc., including rezone considerations by the Planning Commission, all increasing staff time and resources.

If staff is directed to move forward with purchasing the property and adding park equipment, staff will return to City Council for their approval of any necessary General Fund budget adjustments.

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CITY COUNCIL AGENDA ITEM NO. I.2.j
10/10/2023

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

Page 313 of 317 ends

On September 26, 2023, Council Member Mendoza requested a future agenda item related to a Former Davis Camp property appraisal & process discussion about rezoning the site and developing it in part as a park.

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CITY COUNCIL AGENDA ITEM NO. I.2.k
10/10/2023
SUBJECT: Consider a Request from Council Member Mendoza establishing a Budget Review Committee
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Mendoza establishing a Budget Review Committee and the process for implementing the committee.

FISCAL IMPACT
There is no fiscal impact associated with this item. The staff time could be approximately 10-15 hours per month preparing for and following up on committee discussions depending on the scope and meeting frequency of the potential committee. Additionally, if determined to be a standing committee versus an ad-hoc committee, staff time would increase.

The City previously had two Ad-Hoc Committees relating to the City’s budget. Those Ad-Hoc committees and responsibilities (using 2016 as an example) were as follows:
 2016/17 – 2017/18 Operating/Capital Improvement Budgets – This ad-hoc committee will offer oversight and guidance by providing policy level direction and input on the City’s Fiscal Year 2016/17 – 2017/18 operating and capital improvement budgets and development fee program. It will review debt issuance and refinancing opportunities; review and/or make recommendations concerning revenues and reserves; evaluate potential funding sources for the construction and/or operation of public facilities; and consider related policies.

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CITY COUNCIL AGENDA ITEM NO. I.2.k
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 2015/16 – 2016/17 Fiscal Model – This ad-hoc committee will offer oversight and guidance by providing policy level direction and input on the City’s 2015/16 – 2016/17 Fiscal Model as it relates to multi-year forecasts and the projected long-term financial condition of the City’s pension and other post-employment benefit plans; as well as consider policies related thereto.

It is likely that the work and meeting requirements of a potential committee would vary significantly during the year, with significant work during the January – May time period as the City’s Operating and Capital Budgets are developed. Staff would anticipate requesting multiple meetings during the budget development process to ensure adoption deadlines are met. A set schedule, or cancelled meetings, would likely occur for the remainder of the year with less budget input needed (June – December).

Should Council direct staff to spend time and resources on this issue, the draft scope of the committee and committee assignments will be brought to Council for consideration on January 9, 2024.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

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On September 26, 2023, Council Member Mendoza requested a future agenda item to establish a Budget Review Committee.

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Brentwood City CouncilOctober 10, 2023

Brentwood City Council
October 10, 2023