Finally, the ordinance prohibits communications that would feature an individual elected official or candidate for elective office within 120 days of any election and requires that no City communication be used to promote or oppose any elected official of candidate for elective office.
The ordinance exempts and does not apply to: internal communications between City officials and City employees; communications between elected or appointed officials and the public; ordinances, resolutions official documents adopted or approved by the City Council at a public meeting; City Council and Commissions agendas and staff reports, utility bills, forms or correspondence required or modeled pursuant to Federal or State law and regulations, requests for proposals or qualifications, invitation for bids, contracts, applications and legal forms.
FINANCIAL IMPACT
There is no financial impact in the adoption of this ordinance.
RECOMMENDATION
It is recommended that the City Council:
Introduce the ordinance and conduct the first reading adding Chapter 2.65 to the Municipal Code to enact standards for public hearing notices and other City communications
ATTACHMENT(S)
1. Ordinance
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ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE ADDING CHAPTER 2.65 TO TITLE 2 OF THE GARDEN GROVE MUNICIPAL CODE ENACTING
STANDARDS FOR PUBLIC HEARING NOTICES AND OTHER CITY
COMMUNICATIONS.
City Attorney Summary
This Ordinance enacts standards for City communications with the public. The standards are intended to promote clarity in communications between the City and the community to support the City’s open government policy. The ordinance adopts regulations requiring the use of simple language, using street addresses when available to describe physical locations in the City, defining acronyms before using them in text, using easily readable fonts and font sizes, numbering pages in print communications, and using a standard signature block for emails, letters and memoranda. The ordinance confirms the City’s compliance with the requirements of the California Public Records Act. Finally, the ordinance prohibits communications that would feature an individual elected official or candidate for elective office within 120 days of any election and requires that no City communication be used to promote or oppose any elected official of candidate for elective office. The ordinance exempts and does not apply to: internal communications between City officials and City employees; communications between elected or appointed officials and the public; ordinances, resolutions official documents adopted or approved by the City Council at a public meeting; City Council and Commissions agendas and staff reports, utility bills, forms or correspondence required or modeled pursuant to Federal or State law and regulations, requests for proposals or qualifications, invitation for bids, contracts, applications and legal forms.
SECTION 1: Chapter 2.65 is hereby added to Title 2 of the Garden Grove Municipal Code to read as follows:
Chapter 2.65
Public Notices and Communications Standards
§ 2.65.010 Purpose, Intent and Exceptions.
A. Purpose. It is the purpose of this chapter to establish a policy of clear communication with the public by the City.
B. Intent. It is the intent of this chapter to:
1. Promote clarity in communications between the City and the community in an effort to support the City’s open government policy.
2. Establish communications standards to ensure that notices, announcements, and information disseminated by the City to the community is clear and easily understood.
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3. Emphasize to employees the importance of communicating or providing information to the public in a clear, concise, and easily understandable manner to enhance open government.
C. Exceptions. The provisions of this chapter shall not apply to: internal communications between City officials and City employees; communications between elected or appointed officials and the public; ordinances, resolutions official documents adopted or approved by the City Council at a public meeting; City Council and Commissions agendas and staff reports, utility bills, forms or correspondence required or modeled pursuant to Federal or State law and regulations, requests for proposals or qualifications, invitation for bids, contracts, applications and legal forms. § 2.65.020 Definitions.
Words and phrases used in this chapter that are not specifically defined in this section shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
“City” means the City of Garden Grove.
“Employee” means any official, officer, employee or agent of the City acting in their official capacity on behalf of the City.
“City Manager” means the City Manager of the City of Garden Grove or his/her designee.
“Communication” means any written or electronic correspondence, notice, letter, email, announcement, sign, flyer, social media posting, webpage, information system application for dissemination of information to the public. “Simple Language” means wording that is designed to be understood by most people speaking the specific language in which it is written. Simple Language avoids complicated, underutilized and/or rare terminology or terms used in limited industries or business circles.
§ 2.65.030 Administration.
A. Consistent with section 2.08.070 of this Code, the City Manager or his/her designee shall have the authority to administer and enforce the provisions of this chapter consistent with State law, City regulations and personnel policies and procedures.
B. The City Clerk is the custodian of City records, which are retained pursuant to the records retention guidelines adopted by the City Council. 389
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§ 2.65.040 Communications Standards.
A. Any written or electronic communication from employees to the community or the public should use simple language and follow the following standards to promote clear, concise and easily understandable messaging:
1. Descriptions of Locations. When describing physical locations, use street addresses when available. Lot numbers, property numbers or other commonly identifying numbers may be used, provided that the official street address should be included when available. When no official street address is available, a description of the location in simple language providing direction from the closest cross streets would be acceptable.
2. Acronyms. Use of acronyms should not be utilized if only used once in a communication. Acronyms may be used if defined upon first use in the communication. For example, when referring to the Transient Occupancy Tax more than once in the same communication, the first mention of the tax must be fully spelled out and then its acronym established: “Transient Occupancy Tax (TOT).” After establishing the acronym, the tax may be mentioned by its acronym “TOT” in the other references to the tax in the same communication.
3. Font type and size. Official communications should use fonts that are easily and clearly understood, such as Arial, Verdana, and similar fonts. The use of fancy or stylistic fonts should be minimized and limited to the artistic portion of the communication rather than the portion of the communication announcing a formal hearing, meeting, event, or public invitation. The size of the font for the official communication should be easy to read by the intended recipient(s).
4. Print documents. Communications such as correspondence containing multiple pages intended to be printed or simulating a printed document should be numbered in chronological order. The page numbers shall be in the same position on each page of the correspondence.
5. Signature Blocks. All emails, letters and memoranda should contain a signature block of the City employee responsible for creating or directing its creation. The signature block shall be placed below the last line of the correspondence, with sufficient space for the employee’s signature, and the signature block should contain the name, title, City department and contact telephone number of the employee. The employee creating the correspondence shall place his/her handwritten signature or formal electronic signature (facsimile) above the signature block where appropriate. For example:
[SIGNATURE]
EMPLOYEE NAME
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TITLE
DEPARTMENT
TEL.
Electronic communications such as e-mails should include the same signature block, except that a handwritten signature or facsimile is not required.
6. Designation of subordinates. Department Directors may designate subordinates to sign outgoing correspondence in their absence. The employees designated and the nature of the correspondence they are authorized to sign shall be documented in an internal correspondence forwarded to the City Manager, prior to the subordinate’s duties beginning. Designated employees will add the Director’s name to the signature block above the employee’s name in the following manner:
DIRECTOR’S NAME
CITY DEPARTMENT
By: [Signature]
Employee Name
Title
Tel.
§ 2.65.050. Public Records Act Compliance.
It is the policy of the City Council for the City to comply with the California Public Records Act to the full extent of the law. Requests for public records should not be declined due to typographical errors or specific wording being left out on the request. However, it is not the responsibility of employees to guess intent. Any reasonably inferred intent of the requestor should be considered to provide the requested documents. The City will fulfill the requestor’s request to the best of its employees’ ability. Employees will attempt to seek clarification from requestors in the event of vague, confusing or incomplete requests, and will assist requestors in formulating their requests to the extent necessary to identify the records sought. § 2.65.060. Avoidance of Political Campaigning.
City communications should not be used in a manner that would feature an individual elected official or candidate for elective office within 120 days of any election, and no City communication shall be used to promote or oppose any elected official or candidate for elective office at any time. § 2.65.070. No Mandatory Duty or Private Right of Action.
Nothing in this chapter is intended, nor shall it be construed to limit or affect, the doctrine of substantial compliance for legal noticing purposes; to create private rights of action against the City or employees; or in any way create a mandatory 391
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duty under the California Tort Claims Act, Government Code §§ 810 et seq., or otherwise affect the immunities afforded to the City and its employees thereunder.
SECTION 2: If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.
SECTION 3. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this ordinance shall take effect thirty (30) days after adoption.
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