CITY OF IONE CITY COUNCIL PROTOCOL MANUAL
A. Applicability
Under the PRA, an official has a financial interest if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the official, a member of his or her immediate family, or on any of the following:
1. Any business entity in which the public official has a direct or indirect investment worth $2,000 or more. (Government Code §§ 82034, 82035; 2 California Code of Regulations § 18703.1)
2. Any real property in which the public official has a direct or indirect interest worth $2,000 or more. (Government Code § 82033)
Any source of income other than gifts or certain loans aggregating $500 or more provided to the public official within 12 months prior to the time of the decision. (Government Code § 82030; 2 California Code of Regulations § 18703.3)
4. Any business entity in which the public official is a director, officer, partner, trustee, employee, or holds any position of management. (2 California Code of Regulations §S 18703.1, 18704.3)
pry gie rating 1260 adis pid biately by Cal more provided i received by ore 18703.4, 18794-18961)
B. Analysis
In general, the FPPC suggests that an eight-part analysis be followed in determining whether a conflict of interest exists:
Is the person involved a public official? The PRA applies to "public officials at any level of state or local government." (Government Code § 87100)
Is the public official making, participating in making, using, or attempting to use his/her official position to influence governmental decision? (2 California Code of Regulations §§ 18700, 18702-18702.4)
What are the actual economic interests of the official potentially impacted by the decision? (Government Code § 87103, 2 California Code of Regulations §§ 1870418704.5) Is the economic interest directly or indirectly involved in the governmental decision? (2 California Code of Regulations §§ 18704-18704.5)
Is the financial affect on the economic interest material? (2 California Code of Regulations §§
CITY OF IONE CITY COUNCIL PROTOCOL MANUAL
18702-18702.6)
• Is it "reasonably foreseeable" that the governmental decision will have a material financial effect on the economic interest? (2 California Code of Regulations §§ 18700-18706) • Will the decision's effect on the official's economic interest differ from that of the public generally? (2 California Code of Regulations §§ 18707-18707.2) • Is participation by the public official legally required in order to create a quorum to vote on the matter?
C. Disqualification and Disclosure
When the agenda item is called, a City Councilmember who has a conflict of interest is required to publicly state that a conflict of interest exists, describe the nature of the economic interest giving rise to the conflict, disqualify himself or herself, and leave the room. Ideally, Councilmembers will become familiar enough with the sources of conflicts to determine in advance whether disqualification is necessary. However, if a Councilmember becomes aware of a potential conflict only during the meeting, it is perfectly appropriate for the Councilmember to ask for a break in order to discuss the matter with the City Attorney, if necessary. If any Councilmember questions a potential conflict of interest related to another Councilmember, a recess may be called at the request of the Councilmember who may have a conflict to allow discussion of the issue with the City Attorney to determine if there is a conflict. If the Councilmember decides a conflict exists, that Councilmember may not participate in any aspect of the decision-making, including discussing the matter with City staff. When a conflict of interest arises involving a matter on the consent portion of the agenda, the Councilmember is not required to leave the room, unless that item is pulled from the consent agenda for separate discussion.
D. Legally Required Participation
In the event that a decision cannot be made because a majority of the Council is disqualified due to conflicts of interest, the PRA allows the minimum number of Councilmembers necessary to constitute a quorum to return and participate in the decision to the minimum extent required. The Councilmembers permitted to participate must be chosen through a random process. (Government Code § 87101)
E. Conflict of Interest Code
The City is required to adopt and maintain a Conflict of Interest Code. This Code is found in the Ione Municipal Code at Title 2, Chapter 8. Under state law, the code must be reviewed every two years and amended as circumstances change. The City's code must be consistent with minimum requirements of the PRA. (Government Code §§ 87300-87313)
CITY OF IONE CITY COUNCIL PROTOCOL MANUAL
F. Advice on Conflict of Interest
The City Attorney may provide advice to a Councilmember about the existence of a conflict of interest. However, advice given by the City Attorney does not protect the Councilmember from an enforcement action by the FPPC. A Councilmember may seek a formal written opinion from the FPPC on a particular set of facts. Such an opinion letter would provide protection from an enforcement action arising under the same set of facts.
G. Other Sources of Conflict
In addition to the PRA, State law prohibits Councilmembers from entering into contracts with the City. (Government Code §1090 et. seq.) In general, this type of conflict is not subject to remedy through the disqualification of the interested Councilmember, but must instead be entirely avoided by the Council. There are, however, numerous exceptions to this provision that will allow the Council to enter into certain contracts after disqualification of the interested Councilmember and those should be reviewed with the City Attorney on a case-by-case basis. (Government Code §1090 et. seq.)
H. Revolving Door Policies
For a period of one year after leaving office, state law prohibits Councilmembers and chief administrators from accepting employment with the City, or from acting as agent or attorney for any other person by appearing formally or informally, orally or in writing before the Council or any of its commissions, or committees if the appearance or communication is made for the purpose of influencing administrative or legislative action, or influencing any action or proceeding involving the issuance of, amendment to, award of, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property. (Government Code §87406.3)
CITY OF IONE CITY COUNCIL PROTOCOL MANUAL
Chapter 7 Interaction with City Staff/Officials
7.01 Overview
City Council policy is implemented through dedicated and professional staff. Therefore, it is
7.02 Council-Manager Form of Government
Ione has a Council-Manager form of government. Basically, with this structure, the City Council's role is to establish City policies and priorities. The Council appoints a City Manager to implement those policies and undertake the administration of the organization.
The City Manager is appointed by the City Council to enforce its laws, to direct the daily operations of city government, to prepare and monitor the principal budget, and to implement the policies and programs initiated by the City Council. The City Manager is responsible to the City Council, rather than to individual Councilmembers, and directs and coordinates the various departments. The City Manager is responsible for appointing all department directors and authorizing all other personnel positions except the City Clerk, City Attorney, and City Treasurer (lone Municipal Code §2.10.100). The City Council authorizes positions through the budget process; based upon that authorization, the City Manager makes the appointments.
The Council-Manager form of government is outlined in the Government Code. The powers and duties of the City Manager include:
• Generally supervise over the administrative affairs of the city • Appoint and remove at any time any department directors and employees • Attend all meetings of the Council at which the Manager's attendance may be required by that body [IMC $2.10.130]
• See that all laws and ordinances are faithfully executed, subject to the authority which the Council may grant the Mayor to maintain law and order in times of emergency • Recommend for adoption by the Council such measures as the Manager may deem necessary or expedient
• Prepare and submit to the Council such reports as may be required by that body, or as deemed advisable to be submitted
• Keep the Council fully advised of the financial condition of the City and its future needs
• Prepare and submit to the Council a proposed budget for the fiscal year, and be responsible for its administration upon adoption
Perform such other duties as the Council may determine by ordinance or resolution Implement and administer City Council policy
CITY OF IONE CITY COUNCIL PROTOCOL MANUAL
7.03 City Council Non-interference
The City Council is to work through the City Manager when dealing with administrative services of the City.
In no manner, either directly or indirectly, shall a Councilmember become involved in, or attempt to influence, personnel matters that are under the direction of the City Manager. No member of he Council shall, by suggestion or otherwise, attempt to influence or coerce the City Manage oncerning appointments to City offices or employment. Nor shall the City Council be involve in, or influence, the purchase of any supplies beyond the requirements of the City procurement Except for the purpose of inquiry, the Council and its members will deal with the administrative service solely through the City Manager or designee, and neither the Council nor any commission, committee or member of a board shall give an order to, try to influence, coerce or direct, either formally or informally, any subordinate of the City Manager.
Violations of the provisions of this section by any of the above persons, if reported by any staff to the City Manager, will be brought forth to the entire City Council for review. The Council, on a case by case basis, will establish what, if any, corrections and/or sanctions are appropriate. See Chapter 9 § 9.03.
7.04 City Council/City Manager Relationship
The employment relationship between the City Council and City Manager honors the fact that the City Manager is the chief executive of the City. All dealings with the City Manager, whether in public or private, should respect the authority of the City Manager in administrative matters.
Disagreements should be expressed in policy terms, rather than in terms that question satisfaction with or support of the City Manager.
The City Manager respects and is sensitive to the policy responsibilities of the City Council and acknowledges that the final responsibility for establishing the policy direction of the City is held by the City Council.
A. Performance Evaluation
The City Council is to evaluate the City Manager on an annual basis to ensure that both the City Council and City Manager are in agreement about performance and goals based upon mutual trust and common objectives. The City Manager's performance is evaluated in the following areas:
leadership, teamwork, job knowledge, attitude, accountability, empowerment, communication, problem-solving skills, quality of service, safety/risk-taking, implementation and administration of adopted Council policy.
CITY OF IONE CITY COUNCIL PROTOCOL MANUAL
7.05 City Council/City Staff Relationship
City Councilmember contact with City staff members, inclusive of the City Manager, will be during regular business hours, except in the case of an emergency.
7.06 City Council/City Attorney Relationship
Pursuant to recommendation of the City Manager, the City Council shall make provision for obtaining legal counsel for the City, either by appointment of a City Attorney on a full-time or art-time basis, or by any reasonable contractual arrangement for such professional services. The City Attornev is a contract employee appointed by the City Council. The City Attorney is the legal advisor for the Council, its committees, commissions and boards, the City Manager, and all City officers and employees with respect to any legal question involving an official duty or any legal matter pertaining to the affairs of the City. The general legal responsibilities of the City Attorney are to:
1. Provide legal assistance necessary for formulation and implementation of legislative policies and projects;
2. Represent the City's interest, as determined by the City Council, in litigation, administrative hearings, negotiations, and similar proceedings;
3. Prepare or approve as to form ordinances, resolutions, contracts, and other legal documents to best reflect and implement the purposes and intentions of the City Council; and
4. Keep City Council and staff apprised of court rulings and legislation affecting the legal interest of the City.
It is important to note that the City Attorney does not represent individual members of the Council, but rather the City Council as a whole. Accordingly, with the exception of conflict of interest inquiries, in questions involving pending or upcoming matters, or protocol and procedure, the City Attorney's services are engaged and directed through the City Manager. Individual Councilmembers may seek advice or assistance from the City Attorney on other matters exercising best judgment on the most efficient and appropriate use of her resources. The City Attorney's performance is reviewed as provided by the services retention contract.
7.07 Roles and Information Flow
A. Council Roles
The full City Council retains the authority to accept, reject, or amend the staff recommendation on policy matters.
Members of the City Council must avoid intrusion into those areas that are the responsibility of
CITY OF IONE CITY COUNCIL PROTOCOL MANUAL
staff. Individual Councilmembers may not intervene in staff decision-making, the development of staff recommendations, scheduling of work, and executing department priorities without the prior knowledge and approval of the City Council as a whole. This is necessary to protect staff from undue influence and pressure from individual Councilmembers, and to allow staff to execute priorities given by management and the Council as a whole without fear of reprisal. If a Councilmember wishes to influence the actions, decisions, recommendations, workloads, work schedule, or priorities of staff, that member must prevail upon the Council to do so as a matter of Council policy.
B. Access to Information
The City Manager is the information liaison between the Council and City staff. Requests from Councilmembers for information are to be directed to the City Manager and will be responded to promptly. The information requested will be copied to all members of the Council so that each member may be equally informed. The sharing of information with the City Council is one of the City Manager's highest priorities.
There are limited restrictions controlling when information cannot be provided. The City is legally bound not to release certain confidential personnel information. Likewise, certain aspects of police department affairs (e.g., access to restricted or confidential information related to crimes) may not be available to members of the City Council.
C. Staff Roles
The Council recognizes the primary functions of staff as executing Council policy and actions taken by the Council, and in keeping the Council informed. Staff is obligated to take guidance and direction only from the City Manager or Department Director. This direction follows the policy guidance of the City Council as a whole. Staff is directed to reject any attempts by individual Councilmembers to unduly direct or otherwise pressure them into making, changing, or otherwise influencing recommendations.
City staff will make every effort to respond in a timely and professional manner to all requests for
7.08 Dissemination of Information
In addition to regular, comprehensive memoranda written by the City Manager directly to City Council concerning all aspects of City operations (exclusive of confidential personnel issues), all Councilmembers receive copies of all correspondence received by the City Manager that will assist them in their policy-making role. The City Manager also provides other documents to
CITY OF IONE CITY COUNCIL PROTOCOL MANUAL
Council on a regular basis, such as status reports, executive summaries, and agendas of all weekly senior staff meetings.
A variety of methods are used to share information with Council. Workshops and study sessions are held to provide detailed presentations of matters. The City Manager's open-door policy allows individual Councilmembers to meet with the Manager on an impromptu or one-on-one basis.
7.09 Magnitude of Information Request
Any information, service-related needs, or policy positions perceived as necessary by individual Councilmembers that cannot be fulfilled based upon the above guidelines should be considered as an item for the agenda of a City Council meeting. If so directed by action of the Council, staff will proceed to complete the work within a Council-established timeline.
7.10 Staff Relationship to Advisory Bodies
Staff support and assistance may be provided to the City's boards, commissions, committees and task forces. These bodies, however, do not have supervisory authority over City employees.
While staff may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and, ultimately, the City Manager. The members of the commissions, boards, or committees are responsible for the functions of the advisory body. The chairperson is responsible for committee compliance with the municipal code and/or committee bylaws. Staff members are to assist the advisory body chair to ensure appropriate compliance with state and local laws and regulations.
Staff support includes: (1) preparation of a summary agenda and appropriate notice after approval by the chairperson; (2) preparation of reports providing a brief background of the issues, a list of alternatives, recommendations, and appropriate backup materials, if necessary; and (3) preparation of minutes of advisory body meetings. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues.
Advisory bodies wishing to communicate recommendations to the City Council shall do so through the City Manager's Office. In addition, when an advisory body wishes to correspond with an outside agency, correspondence shall be reviewed and approved by the City Council.
7.11 Restrictions on Political Involvement by Staff
Ione is a nonpartisan local government. Professional staff formulates recommendations in compliance with Council policy for the good of the community, not influenced by political factors. For this reason, it is very important to understand the restrictions of political involvement of staff.
CITY OF IONE CITY COUNCIL PROTOCOL MANUAL
By working for the City, staff members do not surrender rights to be involved in political activities. Employees may privately express their personal opinions. They may register to vote, sign nominating or recall petitions, and they may vote in any election.
7.12 Council Attendance Policy
Vacancy for Nonattendance
A Council position shall become vacant if the Councilmember fails to attend three consecutive regular meetings of the Council without being excused by the Council. (IMC Section 2.04.030) At the start of each City Council meeting, the City Clerk will call the roll. Any absent Councilmember who has called the Mayor or City Manager's Office before 4:30 p.m. on the day of the meeting to advise of such absence may request to be excused.
CITY OF IONE CITY COUNCIL PROTOCOL MANUAL
Chapter 8 City Council Meetings
The City Council's collective policy and law-making powers are put into action at the council meetings. It is here that the Council conducts its business. The opportunity for citizens to be heard, the availability of local officials to the citizenry, and the openness of council meetings all lend themselves to the essential democratic nature of local government.
8.01 Meeting Schedule
Regular meetings are held the first and third Tuesdays of each month at 6:00 p.m., in the Council Chambers, 1 E. Main Street, lone. By a majority vote of the Council, meetings not completed by 10:30 p.m. will be continued to the following Wednesday at 6:00 p.m. in the Council Chambers.
8.02 Public Notice of Meetings and Hearings
Pursuant to the Government Code, cities are charged with establishing a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting.
The procedure followed by the City of lone is as follows:
A. Notices
Except where a specific means of notifying the public of a public hearing is otherwise provided by law or ordinance, notice of upcoming public hearings before the City Council or the City's Boards and Commissions shall be given by one publication of a notice containing the time, place, date, subject, and body before whom the hearing is to be held, in the City's official newspaper consistent with State law.
B. Preliminary Agenda of Council Meeting
Teruby pating noipy of tedia in the finding to fore in real it on e hours in advance of the meeting:
: Lins circles Post ore Blin Boar, long, sire, lone, A 93640 United States Post Office Bulletin Board, lone, CA Electronic Posting City of lone Web Page
C. Duties of City Clerk
The City Clerk is directed to publish notices and post agendas as required by § 8.02 of the lone City Council Protocol Manual.
CITY OF IONE CITY COUNCIL PROTOCOL MANUAL
The Government Code addresses the subject of special meetings. For special meetings, only those items specifically listed on the agenda may be discussed, considered, or decided.
The City Clerk is responsible for posting the notice of public meeting at least 72 hours in advance of the meeting. Posting locations include the City Clerk's Office at City Hall.
8.03 Emergency Meetings
State Law permits the Council to hold an emergency meeting without providing advance 24-hour notice when prompt action is necessary due to the disruption or threatened disruption of publi facilities during an emergency situation. Emergency situations are those matters immediatel! affecting the public health, safety and welfare of the community. (Government Code § 54956.5)
8.04 Special Meetings
Special meetings may be called by either the Mayor or Vice-Mayor or Acting Mayor in the absence of the Mayor. Additionally, as long as substantive consideration of agenda items does not occur, a majority of the Council may meet without providing notice to the public, in order to call a special meeting and prepare an agenda. When a special meeting is called by a majority of the Council, a representative of this majority shall notify the City Clerk of such special meeting call, who shall prepare a notice of special meeting, to be signed by all members of the majority calling the special meeting. Notice of a special meeting will be made by the City Clerk by delivering personally, by mail, or by facsimile, written notice to each member of the Council and to each local newspaper of general circulation, and to each local radio or television station which has on file with the City a written request to be notified of such special meeting or of all special meetings at least 24 hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted.
The notices provided in this section may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical, and increase the likelihood of such injury or damage.
At all regular and special meetings, public comments are invited during a public hearing before or during consideration of any item on the agenda. Public comment is appropriate on any matter within the jurisdiction of the City Council. All regular meeting agendas must provide a time for the public to address the body on items not on the agenda.
Agenda Item #5
DATE: July 29, 2015
TO: lone City Council
FROM: Jon G. Hanken, City Manager
SUBJECT: Draft Update to the Council Procedure Manual
RECOMMENDED ACTION: There is no recommended action requested.
Motion:
FISCAL IMPACT: None
BACKGROUND: At the last Council meeting, Council reviewed and discussed the process for placing items on the Council agenda. Council requested modifying Chapter
8.06 Placing Items on the Agenda so that an item would be automatically placed on the next Council agenda if two councilors requested it.
Attached is Section 8.06 Placing Items on the Agenda with the new proposed language added for Council consideration. The new language is underlined. Council can accept the language as presented or modify it. Any change to the procedure would come back at Council's August 18th meeting for adoption. Adoption would be in the form of a resolution.
Attachments: Draft update to the lone City Council Protocol Manual Chapter 8.06 Placing Items on the Agenda.
8.06 Placing Items on the Agenda
A. City Council Agenda Planning
Any Councilmember may request that an item be placed on a City Council agenda by submittinga the following: written request to the City Manager/City Clerk. The written request must, at a minimum, contain all of
1. 2. A substantive outline or summary of the information that will be presented to the City Council;
3. A concise statement of the specific action the City Council will be asked to take on the item; and, A statement of the reasons why the requesting party believes it is appropriate and withinthe jurisdiction of the City Council to consider this subject matter and to take the requestedaction.
All matters to be presented to the City Council at its regular meeting are reviewed by the Mayorand City Manager. The item shall be placed on the agenda as soon as possible with consideration for scheduling issues.
Should two City Council members, either independently or working cooperatively, request the same item be placed on the agenda that item will automatically go on the agenda at the next scheduled meeting. Councilors will provide the same written topic information as outlined earlier in this section.
CITY OF IONE CITY COUNCIL PROTOCOL MANUAL
8.05 Study Sessions (Workshops)
does not in any way obligate a Councilmember to vote in a particular way if the item is later
8.06 Placing Items on the Agenda
A. City Council Agenda Planning
Any Councilmember may request that an item be placed on a City Council agenda by submitting a written request to the City Manager/City Clerk. The written request must, at a minimum, contain all of the following:
1. A substantive outline or summary of the information that will be presented to the City Council;
2. A concise statement of the specific action the City Council will be asked to take on the item; and,
3. A statement of the reasons why the requesting party believes it is appropriate and within the jurisdiction of the City Council to consider this subject matter and to take the requested All matters to be presented to the City Council at its regular meetings are reviewed by the Mayor and City Manager. The item shall be placed on the agenda as soon as possible with consideration for scheduling issues.
B. Advisory Bodies and Civic Organizations
Advisory bodies of the City Council and other civic agencies (e.g., Chamber of Commerce, lone Main Street) may submit items for Council consideration by submitting a written request, as outlined in paragraph A. City Council Agenda Planning—1, 2, and 3 above, to the City Manager/ City Clerk at least 15 working days prior to the meeting, to be considered by the Mayor and City Manager for placement on an agenda.
C. Members of the Public
A member of the public may request an item be placed on a future agenda while addressing the
CITY OF IONE CITY COUNCIL PROTOCOL MANUAL
City Council during a regular meeting and/or by submitting a written request to the City Manager/ City Clerk as outlined in paragraph A. City Council Agenda Planning—1, 2, and 3 above. In order to allow sufficient time for the Council to review, and staff to research the matter, the request should be submitted at least 15 working days prior to the meeting for which the item is requested to be placed on the agenda. If the issue is placed on the agenda, the City Clerk will notify the requester so that he or she may plan to attend the meeting.
D. Emergency or Other Items Added to the Agenda
Emergency items may be added to an agenda in accordance with state law. The reason(s) for adding an emergency item to the agenda shall be announced publicly at the meeting, and the issue shall be included in the minutes of the meeting. Placing emergency items on the agenda requires a majority vote of the Council and the items are taken up as the last item on the agenda Additionally, the Council may add items to the agenda upon a 4/5ths vote determining that there is need to take immediate action and that the need for action came to the City's attention after posting the agenda. (Government Code §54954.2(b))
8.07 Development of the Agenda
Staff is required to submit a Staff Report for each topic of discussion on the City Council agenda to the City Manager. The deadline for submitting these reports is 9:00 a.m. on Tuesday of the week prior to the date of the meeting for which the item is scheduled.
The Agenda Packet will be available for the Councilmembers, staff, public and media by 3:00 p.m. on the Friday prior to the Council Meeting.
8.08 Order of Business
The City Council, by adoption of an ordinance or resolution, establishes the general order of meetings. This section summarizes each meeting component. The Council may, at any time, by simple majority of those present, vote to consider items in a different order.
1. Roll Call
II. Closed Session
The City Council will move to Closed Session on any matter on the agenda, such as litigation, personnel or real estate matters.
III. Call to Order & Pledge of Allegiance
The Mayor, or in the Mayor's absence the Vice-Mayor, presides over all meetings of the City Council, and after determining that a quorum is present, calls the meeting to order. In the absence of the Mayor and Vice-Mayor, the City Clerk shall call the Council to order, whereupon a
CITY OF IONE CITY COUNCIL PROTOCOL MANUAL
temporary Mayor Pro-tem shall be elected by the members of the Council present. Following the call to order, those in attendance are asked to join the Council in reciting the Pledge of Allegiance.
IV. Roll Call
The City Clerk takes roll and announces the presence or absence of individual Councilmembers.
V. Approval of the Agenda
The City Council makes any adjustments to the agenda, then approves it.
VI. Public Comment
This time is provided for members of the public to address the Council or submit written communications on matters not on the agenda. At the conclusion of all oral communications, Council may respond to statements. Any request that requires Council action will be set by the Council for a future agenda or referred to staff. Speakers addressing Council may be limited to five minutes and a time limit on the length of Oral Communications may be imposed. Speakers unable to be heard during this portion of Oral Communications, due to the Council setting a time limit, will be heard at 10:30 p.m. or directly following the completion of all other City business.
VII. Presentations or Announcements
This time is proclamations, presentations or announcements as scheduled with the Mayor or City Manager.
VIII. Approval of minutes and consent calendar items
All matters on the Consent Calendar are considered to be routine by the City Council and are enacted on one motion. If discussion is required, that item is removed from the Consent Calendar and considered separately. At the end of the reading of the Consent Calendar, Councilmembers or members of the public may remove an item.
IX. Regular agenda action items, ordinances, resolutions, and council orders All matters will be presented by staff and discussed with the City Council and public comment received prior to action being taken by the City Council.
X. Written communication
These are items received by the City the Tuesday prior to the City Council meeting that is shared with the City Council and direction given to staff if necessary.
Written correspondence and/or documents received by the City shall be shared with the Council if pertaining to City business and are public documents as defined by the Califomia Public Records Act, Govemment Code Section 6250. Such documents are disclosable unless falling within the exceptions provided by Govemment Code section 6250-6270.5 and 6275-6276.48. Amended 1-19-16
CITY OF IONE CITY COUNCIL PROTOCOL MANUAL
Xl. City Manager's Report
All reports shall be specifically limited to items relating to City business and shall not request or lead to action by the Council at this meeting.
XII. Council comments/future agenda items
XIII. Dates of Future Meetings
XIV. Adjournment
By majority vote of the Council, meetings not completed by 10:30 p.m. will be continued to the following Wednesday at 6:00 p.m. in the Council Chambers. Should Council vote to continue the meeting past 10:30 p.m., discussion on an item on the agenda that either requires or allows for public input may not begin without a unanimous vote of the City Councilmembers present. (Closed session items may begin later.)
8.09 Council Action
The City Council exercises legislative authority through a simple motion, an amendment to a motion, adoption of a resolution, or adoption of an ordinance. Depending on the item, staff reports will generally attempt to present appropriate motions, with options, for the Council to make. The City Council is encouraged to review the staff recommendations and use presented options as a template when making a motion. In most situations, a majority of the members present is adequate to adopt a motion, however this is not always the case, and staff will advise the Council when either a super majority or majority of the entire body is required. In addition, in most situations a voice vote is all that is required for Council action; however, staff will advise the Council when a roll call vote is required. Motions should be concise and give clear direction to staff.
Although finality in action is an important principal in government, there may be occasions when the Council wishes to reconsider a motion it has previously passed. In such circumstances, a motion to reconsider may be made either at the meeting where the item was first voted upon, or at the very next meeting of the Council. A motion to reconsider brought forward at the following neeting of the Council will require proper notice on the agenda. A motion to reconsider an ite reviously voted on can be made only by a Councilmember who voted in the majority
8.10 Legislative and Quasi-Judicial Actions of the Council The Council can take both legislative and quasi-judicial action. In general, the Council acts in a legislative capacity when it takes action to adopt policies, plans, and ordinances of general application. In these situations, a Councilmember may rely on any information he or she lawfully obtains when participating in a decision-making process. In contrast, the Council will also act in
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genda.
Agenda Item #4
DATE: June 20, 2017
TO: Ione City Council
FROM: David A. Prentice, City Attorney
Sophia R. Meyer, Deputy City Attorney
SUBJECT: Amendment of Protocol Manual
RECOMMENDED ACTION:
1) Discussion, consideration, and possible approval of amendment to City Council Protocol Manual to eliminate correspondence as a separate agenda item.
Motion:
FISCAL IMPACT: None
BACKGROUND:
The City Council adopted a City Council Protocol Manual (Manual) on August 5, 2008. The Manual is a policy document intended to inform the City Council regarding such matters as staff relations, powers of Council, financial issues, communication and City Council meetings. Under Order of Business (Manual p. 32 section 8.08) the agenda order is discussed and defined. Item X of the agenda (see Manual p. 33) is Written Communication. This has now become designated as "Correspondence"
For many years the issue of "correspondence" or "written communication" has been controversial and staff, including the City Attorney, have offered opinions regarding what is properly part of that an items tou. be peered is the pair of there date a reaction a in • "Regular agenda action items...
Therefore, staff is recommending eliminating section X. of the adopted order of business and amending the Manual to reflect that decision. Section 9.01 allows the City Council to amend the Manual "as needed".
00009951.1 Page l of 1
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a quasi-judicial capacity when it acts on matters that implicate constitutionally protected property and liberty interests. These types of actions generally involve land use entitlements and other types of permits, licenses, etc.
The distinction between legislative and quasi-judicial activity is especially important because of the rights that are given to the applicant. Specifically, an applicant in a quasi-judicial matter is obtains from outside the Council hearing on the matter. Additionally, Councilmembers may be called upon to answer questions about potential bias.
8.11 General Parliamentary Procedure
Parliamentary procedures set the agreed-upon standard for conducting business. For general guidance, the Council will follow Rosenberg's Rules of Order, as attached. Certain processes are subject to state code and must be complied with. The Council will accept direction from the City Manager/City Clerk and the City Attorney on the code. For other matters, the lone City Council has a tradition that adheres to the common parliamentary practices used by similar institutions to facilitate the orderly processing of the business of its meetings. When necessary to resolve issues that may arise over the process, the Mayor will refer to the City Attorney who will act as the Parliamentarian. Upon such advice, the Council will vote and follow the decision of the majority.
8.12 City Councilmembers Conduct and Participation at Meetings In the process of debate and decision-making, each member of the City Council will:
• Fully participate in City Council meetings and other public forums while demonstrating respect, trust, kindness, consideration, and courtesy of others; • Prepare in advance of Council meetings and be familiar with the issues on the agenda; • Be respectful of other people's time. Stay focused and act efficiently during public meetings; • Serve as a role model of leadership and civility to the community; • Inspire public confidence in the City of lone government; • Demonstrate honesty and integrity in every action and statement; and • Be responsible and accountable for your words and actions.
CITY OF IONE CITY COUNCIL PROTOCOL MANUAL
Chapter 9 Protocol Administration
9.01 Biennial Review
The City Council will review and revise the City Council Protocol Manual as needed. The City Council will specifically review, and if necessary revise, the Protocol Manual every February ollowing a City Council election.
9.02 City Attorney as Protocol Advisor
The City Attorney shall assist the Mayor and serve as an advisor for interpreting the City Council's adopted Protocol Manual.
9.03 Adherence to Non-interference Policy
The City Council delegates to the City Manager the responsibility to discuss with any Councilmember, on behalf of the full Council, any perceived or inappropriate interference or encroachment of administrative services. The City Manager will discuss with the Councilmember the action and suggest a more appropriate process or procedure to follow. If inappropriate action continues after this discussion, the City Manager will report the concern to the full Council.
9.04 Applicability of Protocol Manual
The City Council Protocol Manual shall apply when the Council is sitting as another entity or agency. The role of Mayor and Vice-Mayor shall be interchangeable with the Chair and Vice- Chair, or President and Vice-President, when sitting as another entity.
RESOLUTION NO. 1384
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IONE
ADOPTING A CODE OF ETHICS FOR MEMBERS
OF THE CITY COUNCIL
WHEREAS, the Ione City Council desires to achieve public faith in the ethical ideals of American democratic government; and
WHEREAS, the lone City Council, as a public body, desires to maintain high standards.
BE IT RESOLVED, that this Lone City Council adopt a CODE OF ETHICS for its members, setting forth standards as a means of reaching ethically sound decisions, based on the following:
1) We shall serve equally all members of the community without prejudice or favoritism toward any individual, group, organization or economic interest. 2) We shall promote and protect the health and safety of all members of the community.
3) We shall serve with efficiency, respect legality and heed the commands of due diligence and morality;
4) We shall recognize that we are agents of public purpose not owners of authority;
5) We shall deal with all employees, fellow officers, and members of the public without regard to political partisanship;
6) We shall promote and affirm equal opportunity for appointments and promotions of all persons without regard to race, color, religion, national origin, gender, age, or physical or mental disability;
7) We shall recognize the obligation to participate fully and responsibly in matters and organizations concerned with the betterment of life in the City of 8) We shall exercise our authority and prestige for the benefits of the City of Ione and all members of the community and never for personal or private advantage;
9) We shall always consider how our official actions and personal behavior might be interpreted by the public;
10) We shall avoid personal invectives in public or closed forums; 11) We shall conduct Regular Council meeting in accordance with the Parliamentary Procedure set down in Robert's Rules of Order (Revised Edition).
PASSED AND ADOPTED this 21st day of January 2003, by the following vote:
AYES: Ulm, Thomas, Germolus, Podesta, Sinclair
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Gane Jacurro
Janice Traverso, City Ciel