SPECIAL CITY COUNCIL
MEETING
JANUARY 11, 2023
PRESENTATIONS
DAY ONE: YOUR ROLE
January 11, 2023Kelly McAdoo, City Manager
MAYOR AND CITY COUNCIL ORIENTATION
Day 1 – YOUR ROLE
Introductions and Overview
Introductions
City Manager Department Overview
Council Member Handbook
Council Meetings
Committees, Commissions, and Task Forces
Break
Conflict of Interest
The Brown Act
The Public Records Act
The City Charter
January 11, 2022Kelly McAdoo, City Manager
OFFICE OF THE CITY MANAGER
DEPARTMENT OVERVIEW
City Charter – City Manager Form of
Government
The City Manager shall be head of the administrative branch of the City government. The City Manager shall be responsible to the Council for the proper administration of all affairs of the City. Without limiting the foregoing general grant of powers, responsibilities and duties, the City Manager shall have power and be required to:
1. Appoint, discipline and remove, subject to the personnel provisions of this Charter, except as otherwise provided by this Charter, all officers and employees of the City under this jurisdiction. The City Manager may authorize the head of any department or office to appoint, discipline or remove subordinates in such department or office.
2. Prepare the budget annually and submit it to the Council and be responsible for its administration after its adoption.
3. Prepare and submit to the Council as of the end of the fiscal year, a complete report on the finances and administrative activities of the City for the preceding year.
4. Keep the Council advised of the financial condition and future needs of the City and make such recommendations on any matter as may to the City Manager seem desirable.
5. Establish a centralized purchasing system for all City office, departments and agencies.
City Charter – City Manager Form of
Government
The City Manager shall be head of the administrative branch of the City government. The City Manager shall be responsible to the Council for the proper administration of all affairs of the City. Without limiting the foregoing general grant of powers, responsibilities and duties, the City Manager shall have power and be required to:
6. Prepare rules and regulations governing the contracting for, purchasing, inspection, storing, inventory, distribution or disposal of all supplies, materials and equipment required by any office, department or agency of the City government and recommend them to the Council for adoption by it.
7. Enforce the laws of the State pertaining to the City, the provisions of this Charter and the ordinances, franchises and rights of the City.
8. To make and execute contracts on behalf of the City for commodities or services included in the annual budget, or otherwise authorized by Council action.
9. Perform such other duties as may be prescribed by this Charter or required of the City Manager by the Council not inconsistent with the Charter.
City Charter – City Manager Form of
Government
SECTION 705. - NON-INTERFERENCE WITH ADMINISTRATIVE SERVICE.
Neither the Council nor any of its members shall interfere with the execution by the City Manager of the City Manager's powers and duties, or order, directly or indirectly, the appointment by the City Manager, or by any of the department heads in the administrative service of the City, of any person to any office or employment, or the person's removal therefrom. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the City Manager, and neither the Council nor any member thereof shall give orders to any subordinate of the City Manager, either publicly or privately. The City Manager shall take orders and instructions from the City Council only when it is sitting in a lawfully held meeting.
CMO Organization Chart
FTE
FY 2023 – 32
Assistant City
Manager
Dustin Claussen
City Manager
Kelly McAdoo
Community and Media Relations (6.5)
CMR Officer (1)
Digital Applications Designer (1)
Graphics and Media Tech (1)
Community Program Specialist (1)
AV Specialist (2)
Sr. Secretary (0.5)
Successor Agency (2)
Management Analyst (1)
Real Property Manager* (1)
Housing (6)
Housing Manager (1)
Management Analysts (1.5)
Community Programs
Specialist (1)
Housing Specialist (1)
Sr. Secretary (0.5)
Sr. Secretary (1)
Community Services (5)
Community Services
Manager (1)
Management Analysts (2.5)
Community Programs
Specialist (1)
Sr. Secretary (0.5)
Economic Development (3.5)
Chief Economic
Development Officer (1)
Economic Development
Specialists (2)
Sr. Secretary (0.5)
Assistant City Manager
Regina Youngblood
Administration (6)
Executive Assistants (2)
Administrative Secretary (1)
Management Analyst (1)
Equity & Inclusion Officer (1)
Management Fellow (1)
*Real Property Management (1.0 FTE) - Allocated between City Manager's Office and Public Works-Utilities CMO Nuts and Bolts
Administrative Support
Community inquiries
Media inquiries
Ceremonial requests – proclamations/resolutions/recognitions Council office budgets
Council Referrals
Legislative Program/Lobbyists
Questions & Discussion
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January 11, 2023Miriam Lens, City Clerk
MAYOR AND CITY COUNCIL ORIENTATION
OFFICE OF THE CITY CLERK
COUNCIL MEETINGS & COMMITTEES, CITY
COMMISSIONS AND TASK FORCES
CCO Organization Chart
FTE
FY 2022 – 4.5
FY 2023 Proposed – 4.5
City Clerk
Miriam Lens
Deputy City Clerk (1)
Sr. Secretary (2)
Admin Clerk (.5)
Services
Records Management: Records Manager
Public Records Act
City Records Retention
Council, Commissions, Committees and Task Forces
Recruitment
Attendance Records
Sexual Harassment Prevention/Ethics Trainings
Elections: Elections Official
Voter Registration
Consolidated Elections for Council
Ballot Measures/Charter Amendments
Initiative
Referendum
Recall
Services (Cont.)
Political Reform Filing Officer
Filing Officer for Form 700 – Statement of Economic Interests Filing Officer for Campaign Finance Forms
Public Service
Liaison between the public and the City Council
Passport Program
Local Legislation Auditor
Public Hearing Notices
Contracts and Agreements
Ordinances and Resolutions
Municipal Code/City Charter
Services (Cont.)
Municipal Officer
Clerk of the Council
Oaths of Office
Maintain Custody of the City Seal
Accept Claims, Subpoenas, and Lawsuits
FY23 Major Projects
Fill Sr. Secretary position and Admin Clerk position
Restore Passport Program
Conduct demographic audit of Council appointed bodies Manage the recruitment of 2023 City Commissions and Keep Hayward Clean and Green Task Force
Guide hybrid meetings process for Council appointed bodies Update City Records Management Program
Implement Phase II of the City's Public Records platform, GovQA Council Meetings
Subject to Ralph M. Brown Act "Brown Act" (Gov. Code sec 54950, et seq.) Regular/Special Meetings, Closed Sessions
Rules of Order governed under Robert's Rules of Order Points of Order
Decorum and Order
Council
Public
Agenda and Order of Business
Conflict of Interest (Disqualifications)
Addressing the Council
Motion
Voting Procedure
Council Minutes
Committees, City Commissions, Task Forces and
Other Meeting Bodies
Council Standing Committees
Six committees comprised of three members of the City Council. Subject to the Brown Act.
Commissions and Task Forces
Meeting bodies comprised of Hayward residents.
Subject to the Brown Act.
Council Liaison.
Alameda County Agencies and Other Regional Boards
Mayor appoints members of the City Council to various agencies. Agency Report of Public Official Appointments (Form 806) Committees, City Commissions, Task Forces, and
Other Meeting Bodies
Hayward Police Department Community Advisory Panel
Sounding board to the Chief of Police
Community Task Force
Update the 1992 Hayward Anti-Discrimination Action Plan Agency Report of Public Official Appointments (Form 806) Hayward Local Agencies Committee HLAC
City of Hayward, Hayward Unified School District, and Haward Area Recreation and Park District. Alameda County Mosquito Abatement District
Ad-Hoc Committees
Questions & Discussion
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Mayor & City Council Orientation
City Attorney's Office; Ethics, Conflicts of Interest,
Harassment Prevention; Brown Act & Public Records
Act; Confidentiality; City Charter
January 11, 2023Michael Lawson, City Attorney
CAO Organization Chart
FTE
FY 2022 – 10
FY 2023 Proposed – 10
City Attorney
Michael Lawson
Attorney (6)
Senior Paralegal (1)
Paralegal (1)
Legal Secretary (1)
Services
Department Overview
CAO serves as corporate counsel and legal adviser to the City Council, City Manager, and staff in their official capacities, and advisory bodies such as the Planning Commission and Personnel Commission. The advice and representation are provided within a highly ethical and principled environment.
Program Summary
The Legal Services Program is responsible for:
1. Timely and accurate legal advice on transaction matters 2. attendance at policy-making meetings, including City Council, Planning Commission and Personnel Commission
3. Prompt and courteous customer service for community residents 4. Aggressive representation in court and administrative forums 5. Reduction or elimination of risks and hazards associated with City activities and projects
6. Management of the City's liability insurance program and procurement of the City's general liability, property, auto, and fiduciary insurance coverages 7. Review and determination regarding government claims FY23 Major Projects
Monitor and apprise Council and City staff of changes in State law regarding emergency and pandemic requirements for virtual, hybrid, and in-person meetings.
Track and advise on emergency and pandemic moratoria on rent increase, evictions, and foreclosures
Close all claims that do not convert to litigation within 36 months from fiscal year filing. Maintain annual ratio 1:4 for claims paid, compared to claims filed. Resolve all litigation including claims for federal jurisdiction, within 36 months from fiscal year filing.
Resolve the legislative conflict between the Surplus Land Act and the Local Area Transportation Improvement Project legislation, which has caused chaos in the disposition of the abandoned Route 238 parcel groups. Support the Hayward Police Department's goals of streamlining the independent investigative process for high profile critical incidents. Resume the student internship program, during the summary and around the academic year.
Ethics, Conflicts of Interest, Harassment
Prevention
Introduction to Ethics Training
The Brown Act
The Brown Act requires California governments to have public meeting The Brown Act applies to City of Hayward legislative bodies such as the City Council, Planning Commission and Youth Commission
Meetings must have posted agendas, public meeting spaces that are ADA -accessible No secret meetings unless specifically authorized under the Brown Act such as pending litigation, labor negotiations, etc. 'Secret' meetings are misnomer because the Brown allows 'closed' sessions if correctly agendized
No texting or use of electronic devices during meetings Do not text or email or discuss the commission's business outside of a public meeting – communicate with staff
Quorum must be present to start and continue meetings – a quorum is a majority of the commission's members
Meetings should allow for full discussion by all members, and members of the public are entitled to speak on issues
Commission should select a chairperson and vice-chairperson to lead meetings – chairperson should be fair and flexible
The commission 'acts' by the making and seconding of motions, followed by a vote to carry or defeat the motion – a motion must be carried by a majority of those members voting on it The commission should have a secretary to maintain a record of the action taken – these are called 'minutes' and the minutes of a prior meeting should be available at the subsequent meeting The Public Records Act
Enacted in 1968
Public Records Act requires public access to most records generated by public agencies, including the Youth Commission Emails, texts, reports are considered public records if they discuss public business
No reason or justification has to be given in order to make a public records request
City receives thousands of requests every year
The City Charter
Charter | Hayward, CA | Municode Library
Questions & Discussion
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