OF
LONE
CITY OF IONE
IONE, CA 95640
SPECIAL MEETING AGENDA
WORKSHOP STARTS AT 6:00 PM
Mayor Jody Maita
Vice Mayor Stacy Rhoades
Councilmember Dominic Atlan
Councilmember Alison LaFayne
Councilmember Jack Mitchell
AT 1 E. MAIN STREET, IONE, CA 95640
AND VIA ZOOM
https://zoom.us/j/2351961316?pwd=d31WTW0zbVJLblpQNXBDQWtpZkRyUT09 Meeting ID: 235 196 1316
Passcode: 95640
Wednesday, January 28, 2026
A. CALL TO ORDER
B. ROLL CALL
C. PLEDGE OF ALLEGIANCE
D. APPROVAL OF AGENDA
E. PUBLIC COMMENT: EACH SPEAKER IS LIMITED TO 4 MINUTES NOTE: This is the time for members of the public who wish to be heard on matters that do not appear on the Agenda. Persons may address the City Council at this time on an) subiect within the jurisdiction of the lone City Council F. WORKSHOP:
1. Discussion/Direction Regarding Proposed Revisions and Updates to the City Council Protocol Manual (no formal action will be taken, but further comments and direction may be provided to City staff
G. ADJOURNMENT
JONE
CITY OF IONE
IONE, CA 95640
DATE: JANUARY 28, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOSH VARINSKY, CITY ATTORNEY
SUBJECT: REVISIONS AND UPDATES TO CITY COUNCIL PROTOCOL MANUAL RECOMMENDED ACTION:
The City Council should consider the proposed revisions to the City Council Protocol Manual ("Protocol Manual") and provide further comments and direction to staff, for formal adoption at a future City Council meeting.
BACKGROUND/DISCUSSION:
At the January 6, 2026 City Council meeting, the Protocol Manual was included in the agenda for review and comment by Councilmembers and the public. A special meeting workshop was called by the Mayor to consider proposed revisions to the Protocol Manual, based on various topics that have been discussed throughout the prior year, and at the January 6 City Council meeting.
Included with this report are two (2) documents: (1) a redline version of the Protocol Manual showing all proposed changes compared to the existing version of the Protocol Manual, and (2) a clean version of the Protocol Manual if all the proposed changes are accepted.
There is no formal action scheduled for the workshop. The City Council should consider the proposed changes and provide further direction, for action to be scheduled at a future Council meeting.
Based on the dates included in the current version of the Protocol Manual, the Protocol Manual was last adopted on August 5, 2008. The Protocol Manual sets forth the various rules and guidelines for the City Council, City commissions/committees, and City staff, and further explains the operation of the City's administrative affairs. In the opinion of the City Attorney, the Protocol Manual is due for an update.
/I/
Below is a summary of the proposed substantive revisions and updates:
• Section 2.02 - Specifies that the Council approves contracts/expenditures over $15,000, consistent with the City's procurement and bidding ordinance (lone Municipal Code, Chapter 2.44.)
• Section 2.03 - Clarifies the role of the City Manager and the Mayor in the setting of the agenda for each Council meeting.
• Section 2.08 - Sections are added to specify the roles of Planning Commissioners and the City Planner in preparing the agenda for Planning Commission meetings. The Planning Commission occupies a unique role under state and local law, and it is important to have clear rules for agenda preparation and how study/request items related to City planning/land use policies can be initiated.
• Section 5.05 - New paragraph is added explaining that all Councilmembers and appointed officials should use their official City email account for City business. • Section 6.02 - New paragraphs are added regarding declaration of conflicts of interest, and specifying that it is a personal responsibility of City officials to declare conflicts of interest because of the potential liability to the individual City official. If there are concerns about potential conflicts of other City officials, the concern should be brought to the City Manager and City Attorney for further evaluation.
• Section 8.06 - Further clarifications and rules are proposed for agenda items requested by Councilmembers. The City Council may provide further direction for any changes to the agenda request policy, specifically the degree of written detail to be provided for an agenda item request. It is recommended that the policy indicate that the City Manager will determine the best way to facilitate the item on a future agenda for consideration by the City Council. Existing provisions are also considered for removal regarding how City committees and members of the public may formally request future agenda items, which the Council may advise on further. Nothing prevents the City's committees or members of the public from requesting items for future consideration by the City Council. • Section 8.07 - This proposed change would update the template for the City's staff reports.
The header of each staff report would include who requested the agenda item, who authorized the agenda item, and who prepared the agenda documents. The purpose of these changes is to provide further information to the City Council and the public about the origination and preparation of the agenda item.
• Section 8.08 - It is common for local agency agendas to include a general declaration of conflicts item toward the beginning of the meeting. This encourages Councilmembers to review the agenda for potential conflicts at each meeting and allows additional time for consultation with the City Manager and City Attorney.
• Chapter 10 - Here, a new chapter is proposed for "Civility and Decorum." There are provisions encouraging Councilmembers to express disagreements in the form of policy and not personal attacks. The City Council has also previously discussed adoption of a social media policy. Provisions addressing social media conduct for elected officials include matters such as including a disclaimer at the beginning of posts related to City business, not deleting or muting comments, online communications between Councilmembers under the Brown Act, and refraining from posting derogatory comments about City staff. In addition, there is an explanation concerning what is not protected speech under the First Amendment.
• Finally, an Appendix is added at the end to include all referenced documents and policies.
The recent policies adopted by the City Council during the past year would be included as attachments, including but not limited to, the recording policy for closed sessions, the censure policy for elected officials, and the communication policy for Councilmembers and the City Attorney.
The City Council should consider the proposed changes and may provide further direction to staff.
The Protocol Manual is a critical document relied on by Councilmembers and staff to guide the City in its functions, and it is important that the Protocol Manual reflect the agreed-upon rules adopted by the City Council and current legal requirements.
ATTACHMENTS:
1. Redline version of proposed changes to the Protocol Manual
2. Clean version of the Protocol Manual if the proposed changes are adopted
CITY COUNCIL PROTOCOL MANUAL
OF
CITY TONE
CALIFORNIR
ADOPTED AUGUST 5, 2008
CITY OF IONE CITY COUNCIL PROTOCOL MANUAL
TABLE OF CONTENTS
Chapter 1 Introduction and Overview
1.01 Council-Manager Form of Govemment....
1.02 Purpose of City Council Protocol Manual
1.03 Overview of Basic City Documents.......
1.04 Orientation of New Member..........
Chapter 2 lone City Council: General Powers and Responsibilities
2.01 City Council, Generally
2.02 Role of Councilmembers
2.03 Role of Mayor
2.04 Vice Mayor, Absence of Mayor and Councilmembers.
2.05 Resignation of Mayor or Vice Mayor
2.06 Emergency Response
2.07 Appointment of Officer. 7
2.08 Boards, Commissions, Committees and Task Forces ....
2.09 Service on Outside Boards
2.10 Incompatibility of Offices.
Chapter 3 Support Provided to City Council 11
3.01 Staff/Clerical Support. 11
3.02 Office Equipment. 11
3.03 Meeting Rooms.. 12
3.04 Mail, Deliveries 12
3.05 Council Library 12
Chapter 4 Financial Matters 13
4.01 Council Compensation. 13
4.02 Budget...... 13
4.03 Financial Disclosure 13
4.04 Travel Policy... 13
4.05 City Credit Card Policy 14
Chapter 5 Communications
5.01 Overview ... 15
5.02 Correspondence from Councilmember. 15
5.03 Local Ballot Measures. 15
5.04 Proclamations 16
5.05 State Public Records Disclosure Act 16
Chapter 6 Conflict of Interest 18
6.01 Ethics, AB1234 Ethics Training. 18
5.02 Conflicts of Interest. 18
ADORFED AUGUST 5,2008
GITY OF IONE CITY COUNCIL PROTOCOL
Chapter 7 Interaction with City Staff/Officials
7.01 Overview. 22
7.02 Council-Manager Form of Government... 22
7.03 City Council, Non-interference
7.04 City Council/City Manager Relationship..
7.05 City Council/City Staff Relationship.........
7.06 City Council/City Attorney Relationship..
7.07 Roles and Information Flow....
7.08 Dissemination of Information
7.09 Magnitude of information Request..
7.10 Staff Relationship to Advisory Bodies....
7.11 Restrictions on Political Involvement by Staff.
7.12 Council Attendance Policy..
Chapter 8 City Council Meetings
8.01 Meeting Schedule......
8.02 Public Notice of Meetings and Hearings
8.03 Emergency Meetings.
8.04 Special Meetings.
8.05 Study Sessions.....
8.06 Placing Items on the Agenda
8.07 Development of the Agenda Meetings
8.08 Order of Business.
8.09 Council Action..
8.10 Legislative and Quasi-Judicial Action of the Council
8.11 General Parliamentary Procedure
8.12 City Council Conduct and Participation at Meetings Chapter 9 Protocol Administration
9.01 Biennial Review.
9.02 City Attomey as Protocol Advisor.
9.03 Adherence to Non-interference Ordinance
9.04 Applicability of Protocol Manual
AppendixAppendices
ICMA Code of Ethics
City of lone Code of Ethics
Califomia Government Code Section 54950-54963 (Brown Act) • Rosenberg's Rules of Order
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Travel Policy
Credit Card Policy
List of City Plans
:
Approved Proclamations List
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Chapter 1 Introduction and Overview
As a City Councilmember, you not only establish important and often critical policies for the community of lone, you are also a board member of a public corporation having an annual budget of several million dollars. The scope of services and issues addressed by the city organization go well beyond those frequently reported in the newspaper or discussed at City Council meetings.
1.01 Council-Manager Form of Government
The City of lone has a Council-Manager form of government. As described in the Municipal he City of lone was incorporated in 1953. At that time, the separately elected City Clerk was th ministrative officer for municipal affairs. There was also a separately elected City Treasurer. TH City Council established lone as a Council-Administrator form of government in Cist City Aiminiated latesa in 200, miser toner or ere or or and he ic Council-Manager and hired a City Manager.
1.02 Purpose of City Council Protocol Manual
The City of lone has prepared its own Protocol Manual to assist the City Council by documenting accepted practices and clarifying expectations. Administration of City Council affairs is greatly enhanced by the agreement of the City Council and staff to be bound by these practices While attempting not to be overly restrictive, procedures are established so that expectations and practices can be clearly
commissions/committees. and City staff in their actions.
1.03 Overview of Basic City Documents
This Protocol Manual provides a summary of important aspects of City Council activities.
However, it cannot incorporate all material and information necessary for undertaking the business of the City Council. Many other laws, plans, and documents exist which bind the City Council to certain courses of action and practices. The following is a summary of some of the most notable documents that establish City Council direction. A complete list of City plans and implementation programs is provided in the Appendix-
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A. lone Municipal Code
The Municipal Code contains local laws and regulations adopted by resolutions and ordinances. Title II of the Code addressaddresses the role of the City Council, deseribedescribes the organization of City Council meetings and responsibilities, and appointment of certain City staff positions, advisory boards, and commissions. In addition to these administrative matters, the Municipal Code contains a variety of laws including, but not limited to, zoning standards, health and safety issues, traffic regulations, building standards, and revenue and finance issues.
B. Goals
eastin andes till the rediet of the revie were cal clear rest completion of those goals.
C. Codes of the State of California
The state laws contain many requirements for the operation of city government anc dministration of meetings of city councils throughout the state. Ione is a "general law city" which neans it operates under applicable general laws of the state. As a general law city of the state o 'alifornia, lone is vested with all the powers of incorporated cities as set forth in the Californi Constitution and the applicable California state laws. Conversely, there are a number of cities within alifornia that are "charter cities" and have adopted local provisions that establish basic governin rocedures for local government. (Government Code 88 34100-34102) lone is not a charter cit D. Annual Budget
The annual budget is set for the fiscal year beginning July Ist and ending June 30th. It is the primary tool and road map for accomplishing the goals of the City. The budget document is the result of one of the most important processes the City undertakes. By adopting the annual budget, the City Council makes policy decisions, sets priorities, allocates resources, and provides the framework for government operations. Study sessions on the budget are held in May and public hearings in June with adoption at the second City Council meeting in June.
E. Annual Financial Audit
The annual financial audit includes the financial statements of the City for a fiscal year. It includes the financial condition of the City as reflected in the balance sheet, the results of operations as reflected in income statements, an analysis of the uses of City funds, and related footnotes. The annual financial audit includes statements for the various groups of funds and a consolidated group of statements for the City as a whole. The City Council has the responsibility of hiring an independent auditor, and of reviewing and accepting the audit.
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F. General Plan
A state-mandated General Plan addresses the City's long-range planning needs relative to land use, transportation, economic development, housing. and other planning elements. The City's General Plan is reviewed on an ongoing basis, but mandatory elements may only be revised four times a year; however, certain amendments necessary for affordable housing development are not. subject to this limitation. (Government Code § 65350 et seg.) G. Five-year Capital Improvement Program
The Five-year Capital Improvement Program serves as a guide for determining priorities, planning, financing, and construction of capital projects which add to, support, or improve the physical infrastructure, capital assets, or productive capacity of City services.
H. Disaster Preparedness Plan
The City maintains a disaster preparedness plan that outlines actions to be taken during times of extreme emergency. The City Council may be called upon during an emergency to establish policies related to a specific incident. The chain of command is as follows:
The City Manager is the Director of Emergency Services
The City Manager may appoint an Assistant Director of Emergency Services (lone Municipal Code Title II, Chapter 2.48, §§ 2.48.010 to 2.48.120)
1.04. Orientation of New Members
It is important for the members of the City Council to gain an understanding of the full range of services and programs provided by the City. As new members join the City Council, the following will be provided in a timely manner.
• The City Manager will host an orientation program to distribute materials outlining City policy, protocol and updates on labor negotiations. • The City Manager will facilitate a meeting with the City Attorney for conflict-of- interest training, review of current legal matters, and review of parliamentary procedure.
• The City Manager will arrange a meeting with Finance prior to the first pay period to cover information reviewed with all City employees, (e.g., benefits elections, I-9, retirement options, etc.)
• The City Manager will arrange meetings with key Department Heads to be briefed on current projects within his/her Department and to tour City facilities.
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• The City Manager will arrange an opportunity for "ride alongs" with the lone Police Department.
• The City Manager's assistant will arrange a meeting for a briefing on various aspects of City Hall, including, but not limited to, travel procedures, phone service, etc.
Page -
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The City Manager will provide information for attendance at the League of California Cities' New Mayors and Council Members Academy
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Chapter 2 lone City Council: General Powers and Responsibilities
2.01 City Council, Generally
Fundamentally, the powers of the City Council are to be utilized for the good of the community ind its residents; to provide for the health, safety, and general welfare of the citizenry. The City Counci is the policy-making and law-making body of the City. State law and local ordinances define the powers and responsibilities of the Council.
A.-_Council Non-Participation in Administration
roper checks and balances, members of the City Council shall refrain from becoming directly involve participate in a policy or project.
2.02 Role of Councilmembers
description of the various duties of Councilmembers. le description is not intended to mprehensive, but rather it is an effort to summarize the primary responsibilities of the Counc A.-_Summary of Council Duties and Responsibilities as Provided in State Law:
1. Councilmembers serve as the:-
City Council
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I-2. Establish Policy
• Adopt goals and objectives
• Establish priorities for public services
• Approve/amend the operating and capital budgets
• Approve contracts/expenditures over $515,000 consistent with the City's procurement ordinance
• Adopt resolutions
2-3. Enact Local Laws
• Adopt ordinances
3.4. Supervise Appointed Officials
• Appoint City Manager and City Attorney
• Evaluate performance of City Manager and City Attorney • Establish boards, commissions, committees and task forces • Make appointments to such bodies
• Provide direction to advisory bodies
4.5. Make Decisions
• Study problems
• Review alternatives
• Determine best course of public policy
• Call special elections as necessary
2.03 Role of Mayor
A. Presiding Officer
The Council selects the Mayor on the third Tuesday of December. The Vice Mayor can be selected to be the Mayor or the City Council can select from the remaining members of the City Council at their discretion. It is recommended that the Mayor should have served at least one full year on the City Council prior to being selected as the Mayor.
The Mayor serves as the presiding officer, unless otherwise delegated, and acts as chair at all meetings of the City Council. The City Manager in consultation with the the Mayor sets the Agendaagenda for regular and special Council meetings, and subject tu the advice of the City Attorney. The Mayor may participate in all deliberations of the Council in the same manner as any other member and is expected to vote in all proceedings, unless a conflict of interest exists. During Council proceedings, the Mayor facilitates discussion, gauges direction, and listens for majority support prior to calling for a vote on a motion. The Mayor does not possess any power of veto. State law allows the Mayor to move or second an action. As a matter of lone tradition, the Mayor does not make a motion and will only second a motion in rare and unusual circumstances. (Government Code §$ 36801-36815)
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B. Ceremonial Representative and Other Duties of the Mayor
2.04 Vice-Mayor, Absence of Mayor and Councilmembers
In the absence of the Mayor, the Vice-Mayor shall perform the duties of the Mayor. The the powers of the Mayor.
If the Mayor or other Councilmembers intend to be absent from the City, they shall notify the City Manager of such absence. If a Councilmember fails, for any reason except sickness, to attend three consecutive regular meetings of the Council, his or her office may be declared vacant by the Mayor id the council Shall proceed to decide whether to hold :
e the cound pohail oed to decide wie her to alda speciale. ion omnicin a suce serio
2.05 Resignation of Mayor or Vice-Mayor
If the Mayor or Vice-Mayor resigns, the City Council will select a new Mayor or Vice- Mayor.
2.06 Emergency Response
The City Council may proclaim, and the Mayor shall sign, a declaration of emergency. If the City Council is not in session, the City Manager (Emergency Services Director) may proclaim the existence of an emergency. The Emergency Services Director directs all disaster response activities. (lone Municipal Code § 2.48.060)
2.07 Appointment of Officer
the City he City aunt the is Arine. The Gily Mana per aid the City Arciny ganizat the pleasure of the Council. The City Manager is responsible for all personnel within the City organization.
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2.08 Boards, Commissions, Committees, and Task Forces
A. Appointments Made by the Council
Boards, commissions, committees, and task forces provide a great deal of assistance to the Ione City Council when formulating public policy and transforming policy decisions into action. e City has several standing commissions and committees. In addition, special purpose task forc often appointed by the City Council to address specific issues of interest on a limited durati basis. These ad hoc committees will be dissolved upon completion of the intended task. Committees authority, subject to appeal to the Council, but may also serve in an advisory capacity in certain situations.
The procedures established in this Manual reflect the policy of the City Council regarding the appointment of volunteer citizens to the various bodies of the City. The establishment of these procedures ensures that well-qualified, responsible, and willing citizens are given the opportunity to serve the City and participate in the governance of their community. advisable. In the exercise of this power, it is the desire of the City Council to establish a consistent policy in its decision-making role to fairly and equitably evaluate those citizens of the community who demonstrate a desire to serve on such boards, commissions, committees, or task forces. (lone Municipal Code Title 2, Chapters 2.17, 2.36, and 2.62)
For full-term vacancies, the filing period is as determined by Ordinance. The City Clerk shall:
any.
Notify the incumbents) of whose terms are expiring, of such term expiration and invite the incumbents) to consider being reappointed.
• Advertise the position and accept applications when an incumbent's term expires on the Planning Commission, Park and Recreation Commission, and any other Commission.
B. Selection
1. Mayor Interview Period: The Mayor may personally interview each applicant individually, at a time and place to be designated by the Mayor.
However, after reviewing applications, the Mayor reserves the right to make appointments without conducting interviews
CITY OF IONE CITY COUNCIL PROTOCOL
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GAY OF ONE CITY COUNCIL PROTOCOL
2. The Mayor may appoint a sub-committee to review applications or conduct interviews of applicants and appoint the member, with approval of the City Council.
Mayor and Council approval. The City Clerk will also notify the Chair of the affected board or commission of its decision.
C. Resignations
Vacancies occurring during the middle of a term shall be filled by appointment for the unexpired portion of the term, in the same manner provided herein for initial appointment.
D._Councilmembers' Role and Relationship with City Bodies
1. Because the Council has the ability to review decisions made by the commissions nd recommendations made by committees and task forces, Councilmembers shal ot be appointed to City Boards or Commissions concurrent with their term of office.
2. Unless specifically authorized by a majority vote of a quorum of the Council, no Councilmember shall be authorized to testify before or direct the work of any board, commission, committee or task force of the City.
3. If the Councilmember is testifying in such a capacity pursuant to the above provision, testimony should be undertaken in such a manner as to assure public confidence in the decision-making process and avoid the appearance of bias, prejudice, or improper influence. Toward this purpose, the following protocol should be observed:
a. Councilmembers shall not testify in matters pending before any commission, committee, or task force that will receive, or could potentially receive, future appeal or review before the City Council. Violation of this protocol shall require the Councilmember to disqualify his or herself from participating in any appeal or review proceedings before the City Council.
b. Except in matters directly involving personal interests, Councilmembers, in their capacity as private citizens, should abstain from providing testimony or influencing decisions in matters pending before any City board, commission, committee or task force that will receive, or could potentially receive, future review or other action before the Council. Where a Councilmember elects to provide such testimony, the following rules shall apply:
• The Councilmember shall declare at the outset and upon the record that
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the Councilmember is present in his or her private capacity as an interested citizen, and not on behalf or at the request of the City Council.
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• The Councilmember shall refrain from stating or implying that the Councilmember's position or opinion is that of the City Council. • The Councilmember shall refrain from directing City staff or the advisory body to take any action on behalf of the Councilmember • The Councilmember shall observe any rules of procedure or protocol that apply to any other private citizen testifying before the advisory • The Councilmember shall disqualify him or herself from participating in the matter should it come before the Council for review and/or decision.
E. Planning Commission
1. The Planning Commission serves as the advisory planning agency for the City by advising planning staff and City Council on matters of planning, land use, and the General Plan. The commission makes recommendations to the City Council for. legislative decisions and planning policies. The Commission also holds hearings on planning and zoning applications and serves as the decision-making body in certain circumstances as required in the California planning and zoning law, or by the lone Municipal Code.
a. Important to note is that City Council is the policymaker for the City's guiding land use rules and policies, with advice from the Planning Commission. b. Further, the Commission members are appointed by the City Council to implement to the City's land use rules and policies. Commissioners shall not direct City staff. Each member of City staff is responsible to their direct supervisor or the City Council, as applicable.
In accordance with the Brown Act, Commission discussion at each meeting shall be Limited to items listed on the agenda. For items not on the agenda, discussion shall be limited to brief responses to statements or questions, announcements, requests for reports, or requests for future agenda items, as permitted by law. a. City planning staff shall be responsible for preparing Commission agendas and meeting materials.
b. Planning Commissioners may request that items be placed on future agendas.
All such requests are subject to review and approval by City planning staff prior to placement on an agenda.
3. Regular meetings of the Commission are meetings held on the dates, times, and in the location set by the City Council.
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a. All commission meetings shall be conducted in compliance with the Brown Act. b. In the exercise of City resources and planning staff time. City planning staff and/or the City Manager have the discretion to cancel Commission meetings when there are no agenda items scheduled for formal hearings. c. The City Manager must authorize any special meeting of the Commission.
4. Commission meetings shall be open to the public and conducted in a dignified and respectful manner. Commissioners shall treat their duties and obligations seriously and conduct meetings in a manner that is productive and furthers the mission of the City.
a. Commissioners shall evaluate all agenda items in a neutral and unbiased manner.
b. Commissioners shall recuse themselves from any agenda item which they have a conflict of interest pursuant to state conflict of interest laws. s. Commissioners are discouraged from publicly discussing pending agenda items outside of Commission meetings in order to avoid the appearance of bias or prejudgment. Commissioners often sit in a quasi-judicial capacity, which means development applicants are afforded due process and fair hearing rights in anticipation of hearings lo consider development applications. Failing to remain neutral prior to a quasi-judicial hearing may result in a Commissioner's disqualification from participating in the proceedings.
2.09 Service on Outside Boards
an as-needed or as-requested basis.
consensus of the Council, except where regional appointment requires regional opinion. Persona ositions, when given, will be identified and not represented as the position of the City Assignment and direction of staff in relation to regional meetings are at the discretion of the City Manager.
2.10 Incompatibility of Offices
In general, California law prohibits public officials from simultaneously holding more than one public office when the functions or responsibilities of the two offices have the potential for overlapping. This prohibition arises from a concern over the potential clash of two public offices
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held by a single official with potentially overlapping public duties. The Legislature may, however. expressly authorize through legislation the holding of two offices notwithstanding the fact that the dual holding would otherwise be prohibited. For example, the Legislature has exempted Local Agency Formation Commissions, the Coastal Commission, joint powers agencies, and transportation corridor agencies.
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Chapter 3 Support Provided to City Council
3.01 Staff/Clerical Support
Staff and administrative support to members of the City Council is provided through the City Manager's Office. Secretarial services provided include distributing mail and email, scheduling appointments and receiving messages. All other Council requests for staff services are made by request to the City Manager who will assign the appropriate staff member. Sensitivity to workload of support staff is appreciated and turnaround time will vary depending on workload.
3.02 Office Equipment
To enhance Councilmembers' service to the community and their ability to communicate A. Business and Personal Use of City Equipment
business use in performing the duties of a Councilmember. Personal use of City equipment is prohibited.
B. Photocopy Machines and Other Equipment
1. Photocopy Machines. Councilmembers may use the photocopier for City business.
2. Other equipment. Except as provided herein, in no event shall a Councilmember take City property to his or her home.
C. Monitoring, Enforcement and Penalties
1. City information systems or storage media are the property of the City of lone. The City retains the right to access, copy and change, alter, modify, destroy, delete or erase this property without prior notice to Councilmembers.
2. The City retains the right to monitor and audit the use of email and Internet use. The right to use these technologies does not include the right to privacy.
3. Deleted documents, messages and data may be retrieved from a variety of points in the network. Councilmembers should assume that electronic evidence discovery might recover deleted or unsaved data.
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4. Councilmembers' use of a personal Internet account on City equipment, and Councilmembers' use of a City Internet account on personal equipment are to b rranged through the City Manager and are subject to the provisions of this policy Said Councilmembers should be aware that their personal email and electronic files could be monitored by the City and could be reviewed as part of a Public Records request.
3.03 Meeting Rooms
Councilmembers may utilize the office space provided in the City Hall. Use of other meeting Manager's Office.
3.04 Mail, Deliveries
Members of the City Council receive a large volume of mail and other materials that are delivered primarily through the use of mailboxes located in the City Council office. City Manager's staff disseminates mail to individual Council mailboxes. Staff does not open mail addressed to individual Councilmembers. General correspondence addressed to Councilmembers as a whole will be opened and delivered to the Council General Box. Councilmembers are encouraged to check mailboxes often. In addition, City staff will email, telefax or personally deliver materials that are time sensitive to a member's home or office, if appropriate.
3.05 Council Library
Located in the City Council's office is a library of current City plans and implementation origination. Each City Councilmember is issued a complete copy of the lone Municipal Code for their reference.
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Chapter 4 Financial Matters
4.01 Council Compensation
The Municipal Code provides for payment of a modest honorarium to members of the City Council. State law sets the level of compensation. (Government Code § 36516 and IMC § 2.20)
4.02 Budget
The annual City budget includes appropriations for expenses necessary for members to undertake official City business. Funding provided includes membership in professional organizations, attendance at conferences or educational seminars, purchase of publications and office supplies. Reference is made to the attached City Manager's budget instructions.
4.03 Financial Disclosure
Commission (FPPC). (Government Code §§ 87200 et. seq.) Financial disclosure shall be filed with nomination papers, not earlier than 113 days before the election with the deadline being no later above cases will be available for public inspection.
4.04 Travel Policy
he City Council has adopted by resolution a travel policy. The City Council, staff, and appointed officials will be reimbursed for all approved travel as defined in the City Travel Polic budget to another Councilmember.
conferences, or other City Council-directed travel activities A. Pre-authorization of Travel/Training
Councilmembers and appointed officials traveling on City business that involves an overnight stay shall submit a Travel/Training Authorization Form to the City Manager for approval.
The travel authorization form will include a complete estimate of the costs of the trip, including conference registration, transportation, and per diem. The travel authorization form will als include the purpose of the trip, the dates of travel, and other pertinent details.
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In advance of any travel on City business, a Travel/Training Authorization Form must be submitted to and signed by the City Manager. The City Manager must authorize:
Overnight travel by elected or appointed officials
Use of a rental vehicle by elected or appointed officials Out-of-state travel by elected or appointed officials
B. Authorization for Reimbursement of Travel Expenses
Within 10 days of the close of the authorized travel period a final itemized Travel/Training Authorization Form, including all receipts and expense reimbursement requests, must be submitted to the City Manager for final approval and signature. The City Manager's Office will process and submit authorized travel reimbursement requests to the Finance Department.
4.05 City Credit Card Policy
Issuing Cards: The City credit card is available for use by the City Council and can be obtained from the City Manager's Assistant. Use of City credit cards is set forth in the City Credit Card Policy.
Cards Lost or Stolen: Lost or stolen cards must be reported to the Finance Director within one working day of discovery.
Leaving Office: Each card holder must surrender the City credit card immediately upon leaving office, or upon request of the City Manager or Finance Director. Use of the card after privileges are withdrawn is prohibited.
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Chapter 5 Communications
5.01 Overview
Perhaps the most fundamental role of a Councilmember is communication. Communication with the public to assess community opinions and needs, and to share the vision and goals of the City with constituents; and communication with staff to provide policy direction and to gain an understanding of the implications of various policy alternatives. Because the City Council performs as a body (that is, acting based on the will of the majority as opposed to individuals), it is important at general guidelines be understood when speaking for the Council. Equally important, whe embers are expressing personal views and not those of the Council, the public should be s advised.
5.02 Correspondence from Councilmembers
on policy matters to outside agencies on behalf of the City Council. Individual members of Council it often Cia re teead is avansite fois in response a sautias or to provide registe normation. City letterhead is available for this
such correspondence.
On occasion, membersCouncilmembers may wish to correspond on an issue on which the Council be utilized in these circumstances.
ouncilmembers may occasionally be asked to prepare letters of recommendation for communi embers seeking employment or appointment. It is inappropriate for Councilmembers to make recommendation or utilize City letterhead or their Council titles for such letters without approval of the majority of Council.
City letterhead and staff support cannot be utilized for personal or political purposes.
5.03 Local Ballot Measures
At times, initiatives may be placed on the ballots that affect City Council policy. There are restrictions regarding what actions the City may take on ballot measures. Specifically, state statutes prohibit the City from using its personnel, equipment, materials, buildings, or other resources to influence the outcome of elections. What the City can do is distribute informational reports or pamphlets for the purpose of informing the public of the facts of an issue.
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5.04 Proclamations
Proclamations can be directly made if they have been listed on a previously approved list. The Council-approved proclamations list is a separate document so that it can be added to after the Council has approved a new proclamation without having to pass a new resolution each time. All proposed proclamations not on the annually approved list must first be approved by the Council during a regular City Council meeting as an item on the Consent Calendar. When a proclamation is approved as a consent item, and if the proclamation is expected to be an annual event, description of the item shall include the phrase "and add proclamation to the Council-approved list." The decision to add or not to add a proclamation to the approved list shall be made following consultation between the City Manager and the Mayor at the time the Council meeting agenda is being prepared.
The list will be reviewed by the City Council every February following a City Council election.
Proclamations not requested for two years will automatically be deleted from the list of pre- approved proclamations.
5.05 State Public Records Disclosure Act
To ensure that business communications submitted to and by elected and appointed officials comply with the Public Records Act and the State Open Meetings Act (Brown Act), the following is set forth:
A. Communications, Generally
All letters, memoranda, and interactive computer email communications involving City Councilmembers and members of boards, commissions, committees and task forces, the subject of memoranda, and email communications may not be provided to the public or news media without the filing of a public information disclosure request with the City Clerk. The City Clerk has adopted a protocol for processing such requests.
B. Written Communications
Written letters and memoranda received by the City on a specific agendum, addressed to a Councilmember or the Council as a body, will be photocopied and provided to all City Councilmembers, and a copy kept according to the City's Records Retention Schedule.
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C. Electronic Communications
1. -Informal messages with no retention value and that do not relate to the functional
2. All other messages that relate to the functional responsibility of the recipient or sender as a public official constitute a public record. Such records are subject to public inspection and copying; users may either print a copy of the record and file it with the City Clerk for retention, according to the City's Records Retention Schedule, or forward such email messages to "[email protected]" from which the City Clerk will print and file it according to the City's Records Retention Schedule.
3. Email communications that are intended to be shared among three or more Councilmembers, whether concurrently or serially, must be considered in light of the Open Public Meetings Act (Brown Act). If the intended purpose of the email is to have a discussion that should be held at an open meeting, the electronic discussion should not occur.
4. Email should be used cautiously when seeking legal advice or to discuss matters of pending litigation or other "confidential" City business. In general, email is discoverable in litigation, and even deleted email is not necessarily removed from the system. Confidential email communications should not be shared with individuals other than the intended recipients or the attorney-client privilege protecting the document from disclosure may be waived.
5. Email will not be used for personal use, since Councilmembers' conventional email addresses include the City's "return address."
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For public record purposes, all Councilmembers and appointed officials shall use their official City email account for City business. All Councilmembers and appointed officials are advised that City business conducted on cellphones. private email addresses, and other devices are considered public records and subject lo disclosure. Conducting City business outside of the designated City email address or cell phone can subject to the official and the City to liability and penalties for failure 1o comply with public record requirements.
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Chapter 6 Conflicts of Interest
6.01 Ethics, AB 1234 Ethics Training
The City maintains a commitment to conducting business according to the highest achievable ethical standards. Recognizing that ethical dilemmas may arise and that public officials must make difficult choices after careful consideration of competing public, personal and/or private interests at stake, the Council has adopted a code of ethical conduct, which is contained in the Appendix XX.
The City Manager is subject to a professional code of ethics as a member of the International City/County Management Association (ICMA). These principles appear in the Appendix XX of this manual. It should be noted that this code binds the City Manager to certain practices that are designed to ensure actions are in support of the City's best interests. Violations of such principles can result in censure by the ICMA.
State law (Government Code § 53234, et seq.) requires public officials to complete two hours of training in ethics principles and laws every two years. In addition to Councilmembers, Ione requires the training of all of its Commissioners (Planning and Park and Recreation), its City Manager, its Department Directors, its mid-managers when they staff a City Commission, and the Chairperson and Vice Chairperson of each committee or board. Additionally, the City Council encourages all committee and board members to complete the training. At present, the League of California Cities offers AB 1234 training, often in conjunction with League conferences or other training workshops, and on-line training is offered for a nominal fee through the Institute for Local Government and the Fair Political Practices Commission. Certificates of course completion are kept on file by the City Clerk. (Lone Resolution #No. 1385.)
6.02 Conflicts of Interest
There are numerous sources of conflicts of interest that may require a Councilmember to disqualify himself or herself from participating in decision-making. The Political Reform Act complicated laws affecting local goverment. This law is implemented and enforced by the Fair Political Practices Commission (FPPC) which has issued comprehensive implementing regulations.
To understand the PRA's impact on a Councilmember's actions, it is suggested that members discuss the law and potential conflicts with the City Attorney or a private attorney. All Councilmembers and City officials are advised that violation of conflict of interest laws can subject the official to personal liability and they cannot rely on the advice of the City Attorney for protection. n general, under the PRA, public officials are prohibited from making, participating in or in any vay attempting to use their official position to influence a government decision in which they knov or have reason to know they have a financial interest. (Government Code $ 87100, 2 California Code of Regulations §§ 18700, 18702-18702.4.) A "public official" is defined as including every member, officer, employee or consultant of the state or local government agency. (Government Code § 82048; 2 California Code of Regulations § 18700).
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A. Applicability
Under the PRA, an official has a financial interest if it is reasonably foreseeable that th lecision 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 8§ 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)
3. Any source of income other than gifts or certain loans aggregating S500 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) • Any business entity in which the public official is a director, officer, partner, truste mployee, or holds any position of management. (2 California Code of Regulation §§ 18703.1, 18704.3)
5. Are if by or said dise 2 monty rio he redecion 2. Calibria Code of Regulations §§ 18703.4, 18794-18961)
B. Analysis
In general, the FPPC suggests that an eightfour-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, 1 8702-18702.4)
• What are the actual economic interests of the official potentially impacted by the decision? (Government Code § 87103, 2 California Code of Regulations §§ 18704- 18704.5)
• 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
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Regulations §§ 18702-18702.6)
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• Is it "reasonably foreseeable" that the governmental decision will have a material financial effect on the economic interest? (2 California Code of Regulations §§ • 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
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.
regarding the conflicts or alleged conflicts of other Councilmembers or City staff.
If any Councilmember suspects there may be a conflict of interest for another Councilmember. the Councilmember is encouraged to notify the City Manager of the perceived conflict in advance of the meeting for further evaluation by the City Manager and the City Attorney.
D. Legally Required Participation
the event that a decision cannot be made because a majority of the Council is disqualifi e to conflicts of interest, the PRA allows the minimum number of Councilmembers necessary 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)
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E. Conflict of Interest Code
The City is required to adopt and maintain a Conflict of Interest Code. This Code is found in the lone 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)
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T. 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: or criminal prosecution. 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 emedy through the disqualification of the interested Councilmember, but must instead be entirel voided by the Council. There are, however, numerous exceptions to this provision that will allo 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 § 874063)
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1 Cily Officials and Appointed Members of Boards Commissions and Committees City Officials and appointed members of Boards, Commissions, and Committees of the City shall observe the same conflict of interest rules applicable to the City Council.
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Chapter 7 Interaction with City Staff/Officials
7.01 Overview
City Council policy is implemented through dedicated and professional staff. Therefore, it is critical that the relationship between Council and staff be well understood by all parties so policies and programs may be implemented successfully. To support effective relationships, it is important that roles are clearly recognized.
7.02 Council-Manager Form of Government
lone 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 tc implement those policies and undertake the administration of the organization. ositions except the City Clerk, City Attorney, and City Treasurer (lone Municipal Code
10.100). The City Council authorizes positions through the budget process: based upon tha 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, deemed advisable to be submitte
• Keep the Council fully advised of the financial condition of the City and its future ₽
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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
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7.03 City Council Non-interference
The City Council is to work through the City Manager when dealing with administrative services of the City.
no manner, either directly or indirectly, shall a Councilmember become involved in, or attem influence, personnel matters that are under the direction of the City Manager. No member of t Council shall, by suggestion or otherwise, attempt to influence or coerce the City Manager cerning appointments to City offices or employment. Nor shall the City Council be involved influence, the purchase of any supplies beyond the requirements of the City procurem code/procedures.
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. iolations of the provisions of this section by any of the above persons, if reported by any staff t ne City Manager, will be brought forth to the entire City Council for review. The Council, on Chapter 9 § 9.03.
7.04 City Council/City Manager Relationship
The employment relationship between the City Council and City Manager honors the fac hat 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
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:
eadership, teamwork, job knowledge, attitude, accountability, empowerment, communication roblem-solving skills, quality of service, safety/risk-taking, implementation and administration o adopted Council policy
P
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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 part- time basis, or by any reasonable contractual arrangement for such professional services. The City Attorney 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 ofticers 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;
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.
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 exereising City Attorney's performance is reviewedPolicy for Use of the City Attorney and Communications Between the City Council and City Attorney adopted by Resolution No. 2025-40, attached herete and incorporated herein as provided by the servies retention contract Appendix XX.
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.
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Members of the City Council must avoid intrusion into those areas that are the responsibility of
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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
he City Manager is the information liaison between the Council and City staff. Request om Councilmembers for information are to be directed to the City Manager and will be responde 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 guidance and direction only from the City Manager or Department Director. This direction follows he policy guidance of the City Council as a whole. Staff is directed to reject any attempts by ndividual Councilmembers to unduly direct or otherwise pressure them into making, changing, o otherwise influencing recommendations.
City staff will make every effort to respond in a timely and professional manner to all requests for information or assistance made by individual Councilmembers provided that, in the judgment of City Manager, the request is not of a magnitude, either in terms of workload or policy, wh uld require that it would be more appropriately assigned to staff through the direction of the f
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 Council on a regular basis, such as status reports, executive summaries, and agendas of all weekly senior staff meetings.
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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 b ndividual 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.
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
lone 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
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By working for the City, staff members do not surrender rights to be involved. in political activities.
Employe meal atly ns pes lyin pesteal ay lens. They may register to vote, sign
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.
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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. In accordance with Chapter 2.04 of the lone Municipal Code, closed session meetings are considered part of the Council's regular meeting and may begin earlier than 6:00 p.m., as needed, so long as the closed session items are agendized and the time for their consideration is specified in the agenda.
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
The public shall be notified of the preliminary agenda for the forthcoming regular City Council meeting by posting a copy of the agenda in the following public places in the City at least 72 hours in advance of the meeting:
• Ione City Hall Outside Bulletin Board 1 E. Main Street, Ione, CA 95640 • United States Post Office Bulletin Board, Ione, 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
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lone City Council Protocol Manual.
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The Government Code addresses the subject of special meetings. For speciat 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 public facilities during an emergency situation. Emergency situations are those matters immediately 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 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
. DATE: July 29, 2015
TO: • tone Gity 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 18h 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.
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8.06 Placing Items on the Agenda
A. Cily-Coumer-Agenda Planning
Formatted: Space Before: 0 pt
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:
A substantive-outline or summary of the information that will be presented to the City Council;
2. A cencise statement of the speeifie action the City Couneil 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 jurisdietion of the City Couneil to consider this subjeet matter and to take the requested- action:
All matters to be presented tu the City Council at its regular meeting are reviewed by the Mayor and City Manager. The item shall be placed on the agenda as seen as pessible with consideration for scheduling issues.
Should two City Council members, either independently or working cooperatively. request the same ¡tem be placed on the agenda that item will automatically go on the agenda at the next seheduled meeting. Councilers will provide the same written topie information as outlined earlier in this section:
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8.05 Study Sessions (Workshops)
The City Council may meet informally in a study session. The study session is the forum used by Council to review forthcoming programs of the City, to receive progress reports on current issues, or to receive similar information from the City Manager and others. All discussions and conclusions held during a workshop are of an informal nature. Although no final action is taken while in a study session, a majority of the Council may give City staff preliminary direction on what to bring back to the Council for later consideration. Such direction given at a study session back to the Council for further review.
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, generally contain all of the following:
1. A substantiveAn outline or summary of the information that will the Councilmember would like to be presented to the City Council;
2. A coneise stutement of the specific actionPotential actions that the City Council willmay be asked to take on the item; and,
3. A stalement of the reasonsAn explanation 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 action.
possible with consideration for staff preparation of the item and scheduling issues._ B. Advisery Bodies and Cive Organisations
Advisery bodies of the City Council and other civic agencies (e.g., Chamber of Commerce, Ione Main Street) may submit items for Council consideration by-submitting a written request, as outlined in paragraph 4. 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 Mayer and City Manager fer placement on an agenda.
Members of the Publie
A member of the public may request an item be placed on a future agenda while
CITY OF IONE CITY COUNCIL PROTOCOL
addressing the
CITY OF IONE CITY COUNCIL PROTOCOL
Manager/ City Clerk as outlined in paragraph 4. Cily Corneil Agenda Planning -1, 2, and 3 above:
In order to allow sufficient time for the Council to review, and stuff to research the matter, the request should be submitted at least 15 werking days prier 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-se that he or she may plan to altend the meeting.
Should two City Council members. either independently or working cooperatively request the same item be placed on the agenda, that item shall be prioritized for the agenda at the next scheduled earlier in this section
For agenda items requested by Councilmembers, before thorough preparation or evaluation of the item by City staff, the Mayor or the City Manager shall have the discretion to bring a summary of the item to the City Council for further direction by the City Council and placement of the item on a future agenda.
For all agenda item requests, the City Manager shall control and direct the preparation of the agenda nature of the request.
For all agenda item requests, Councilmembers are advised that input from the City Attorney may be required
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
a. All City Council agenda items shall be authorized by the City Manager or the Mayor.
a-b. 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..
For items on the regular agenda, staff reports are required to include the following.
CITY OF ONE CITY COUNCIL PROTOGOL
sections:
1. "Item Initiated By" - specifying the City official who requested or is bringing. the agenda item:
2. "Item Authorized By"- specifying the City Official who authorized the preparation of the item.
3. "Prepared By" - specifying the author of the item.
b.d. _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
simple majority of those present, vote to consider items in a different order.
I. Roll Call
II. Closed Session (exact time to be indicated on the agenda) The City Council will move to Closed Session on any matter on the agenda, such as litigation, personnel or real estate matters, or real estate matters. Closed Session matters shall be recorded and retained in accordance with the City Policy for Audio/Video Recording of Closed Session Meetings, attached and incorporated hereto as Appendix XX.
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 Mayor Pro-tern 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. Rall 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.
VL. V4-Declaration of Conflicts of Interest
Any Councilmember SLY DELANE CITY COUNCH PRATAGAtan the agenda shall declare the conflict with any item on the agenda at this time.
14.VII. Public Comment on Non-Agenda Items
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 fivefour (4) 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.
This time is proclamations, presentations or announcements as scheduled with the Mayor or City IX.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, Couneilmembers or members of the publieany Councilmember may remove an item: from the Consent Calendar X. 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.
XI. 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 andior documents received by the City shall be shared with the Council if pertaining to City business and are public documents as defined by the California Public Records Act, Government Code Section 6250-7920.000 et seg.. Such documents are disclosable unless falling within the exceptions provided by Gorornmen Code-section 6250-62705-044 4275-627618-Amended 1-12 Hothe Public Records Act.
Page -33
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XII.XI. City Attorney Report
XHI-XIII.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.
X#-XIV.XII Council comments/future agenda items
XIXV. Dates of Future Meetings
*KXVI.Adjournment
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 City Council is encouraged to review the staff recommendations and use presented options as a emplate when making a motion. In most situations, a majority of the members present is adequat o adopt a motion, however this is not always the case, and staff will advise the Council when eithe a super maharity or mid try the ico ho is veried resides orients stain a voice 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 next meeting of the Council. A motion to reconsider brought forward at the following meeting of the Council will require proper notice on the agenda. A motion to reconsider an item previously voted on can be made only by a Councilmember who voted in the majority.
8.10 Legislative and Quasi-Judicial Actions of the Council Agendar deENE CITY COUNCIL PROTOCOL
DATE: June 20, 2017
TO: lone 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 Pretocot 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 Gity 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 "Correspendence"
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 agenda item. However, it is duplicative of other agenda matters as correspondence regarding action ¡tems would be placed in the packet for that item under "Regular agenda action items..". Therefure, 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".
00000051.1 Page 1 of t
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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 entitled to due process of the law. This includes a right to have a decision made on the record by a fair and impartial Council. In order to ensure these rights are satisfied, the Council must disclose all ex parte mmunication it receives; that is, information or evidence a Councilmember obtains from outsi ; Council hearing on the matter. Additionally, Councilmembers may be called upon to ansu questions about potential bias.
8.11 General Parliamentary Procedure
Parliamentary procedures set the agreed-upon standard for conducting business. For general 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; 1 • 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.
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Chapter 9 Protocol Administration
9.01 Biennial Review
The City Council will review and revise the City Council Protocol Manual as needed:, which is held on file with the City Clerk. The City Council will specifically review, and if necessary revise, the Protocol Manual every Februaryeach year following a City Council election-, or more often as deemed necessary
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 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.
CITY OF IONE CITY COUNCIL PROTOCOL
Chapter 10 Civility and Decorum
10.01 General
A. Councilmembers are expected to uphold a high standard of civility toward one another, the public, and City staff. Councilmembers shall refrain at all times from rude and derogatory remarks, remarks as to integrity, abusive comments, and statements as to motives and personalities. Councilmembers should remain mindful that, while in public, they are viewed as elected representatives of the citizens of the City and should conduct themselves in a respectful and dignified manner at all times.
B. Appointed members of Boards, Commissions, and Committees of the City shall observe the same rules of civility and decorum applicable to the City Council.
10.02 Code of Ethics
Councilmembers shall abide by the Code of Ethics adopted by Resolution No. 1384, which is attached hereto and incorporated herein as Appendix XX.
10.03 Social Media Policy
A. The City does not create, maintain, or provide support for individual Councilmember social media accounts.
B. Councilmembers who maintain personal social media or other digital media accounts are advised that, similar to City email or any other written or recorded communications related to the official conduct of City business, digital communications, social media posts, and messages concerning matters that are before the City for action or otherwise within the City's jurisdiction may constitute official City business. Such communications may be subject to applicable laws and policies including, but not limited to, the following:
a. The California and United States Constitution.
b. The California Public Records Act.
c. The Ralph M. Brown Act.
Any.
CITY OF IONE CITY COUNCIL PROTOCOL
CITY OF ONE ETIQ EUONE PROTOCOL
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IONE
ADOPTING A CODE OF ETHICS FOR MEMBERS
OR THE CITY COUNCH
WHEREAS, the lone City Council desires to achieve publie faith in the ethieal ideals of American demeeratie government; and
WHEREAS, the lone City Council, as a public bedy, desires to maintain high standards.
BE IT RESOLVED, that this Tone City Council adopt a CODE OF ETHICS for its members, seiting forth standards as a means of reaching ethically sound deeisions, based on- the following:
1) We shall serve equally all members of the community without prejudice or faveritism toward any individual, group, organization or economic interest. 2) We shall promotu and proteet the-health and safuly of all members of the- community.
3) We shall serve with efficiency, respeet legality and heed the commands of due diligence and merality;
4) We shall recognize that we are agents of publie purpese net owners of authority;
5) We shall deal with all employees, fellow officers, and members of the publie- without regard to political partisanship;
6) We shall promote and affirm equal oppertunity for appeintments and- prometions of all persens without regard to race, celer, religion, national- origin, gender, age, or physical or mental disability;
7) We shall reeognize the obligation to participate fully and responsibly in matters- and organizations concerned with the betterment of life in the City of lone; 8) We shall exercise our autherity and prestige for the benefits of the City of lone and all members of the community and never for personal or private advantage;
9) We shall always consider how our official actions and personal behavier might be interpreted by the publie;
10) We shall avoid personal invectives in public or closed furums; H) 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, Germelus, Podesta,
Sinelair
NOES:
ABSENT:
ABSTAIN:
Vlayor
ATTEST:
C. social media activity by a Councilmember that can reasonably be interpreted as relating to "official City business" shall comply with the following requirements:
a. The post or account shall include a disclaimer stating:
"OPINIONS/STATEMENTS ARE MY OWN AND NOT OF THE CITY OF
IONE."
b. Councilmembers shall not delete comments or mute other social media users from posts conducting official City business.
c. Councilmembers shall not block other social media users from accessing any social media account that is used for official City business. d. In compliance with the Brown Act, Councilmembers shall not deliberate or discuss City business among themselves on any social media platform.
D. Nothing in this Policy prohibits a Councilmember from maintaining personal social media accounts or expressing views about City business.
E. The City Council values the roles and efforts of City staff and employees. Personnel matters are subject to confidentiality requirements and are often subiect to future
CITY OF IONE CITY COUNCIL PROTOCOL
action or approvals Trom City Council. To protect the labor and privacy rights of City staff/employees and the City from liability. Councilmembers shall not post about personnel matters that may prejudice the City in labor negotiations or that creates a hostile work environment for City staff/employees.
E. For all social media communications, Councilmembers shall follow the civility and decorum rules adopted by the City Council. Councilmembers are encouraged to express disagreements in the form of policy and not personal attacks on the motives of other Councilmembers.
G. The City Council strongly encourages Councilmembers to express their views and exercise their First Amendment rights. However, all Councilmembers are advised that the following forms of speech are not protected by the First Amendment, including but not limited to, threats, incitement, defamation, fraud, and harassment. Engaging in such conduct and unprotected speech may subject the speaker to personal liability and risk causing further liability to the City, including incurring legal expenses in the defense of the matter.
10.04 Censure Policy
Councilmembers are may be subject to censure pursuant to the Censure Policy adopted by Resolution No. 2025-10. which is attached hereto and incorporated herein as Appendix XX.
APPENDICES
1. Professional Code of Ethics from International City/County Management Association
2. City of lone Audio/Video Recording of Closed Session Policy
3. City of lone Censure Policy
4. Resolution No. 1384 - Code of Ethics for Members of the City Council
5. Rosenberg's Rules of Order
CITY COUNCIL PROTOCOL MANUAL
CITY OF10 NE
FOUNDED
1846
IFORNIR
TE HALE
CITY OF IONE CITY COUNCIL PROTOCOL
TABLE OF CONTENTS
Chapter 1 Introduction and Overview 1
1.01 Council-Manager Form of Government..
1.02 Purpose of City Council Protocol Manual --
103 Oriention or NeW it Doesnes.. • 1
" 3
Chapter 2 lone City Council: General Powers and Responsibilities 5
2.01 City Council, Generally........
2.02 Role of Councilmembers .....
2.03 Role of Mayor.............. ...6
2.04 Vice Mayor, Absence of Mayor and Councilmembers. ...7
2.05 Resignation of Mayor or Vice Mayor.. 7
2.06 Emergency Response
2.07 Appointment of Officer.. 7
2.08 Boards, Commissions, Committees and Task Forces 7
2.09 Service on Outside Boards .... ...10
2.10 Incompatibility of Offices.... ...10
Chapter 3 Support Provided to City Council 11
3.01 Staff/Clerical Support ...11
3.02 Office Equipment.... ...11
3.03 Meeting Rooms ... ...12
3.04 Mail, Deliveries ... 12
3.05 Council Library ...12
Chapter 4 Financial Matters 13
4.01 Council Compensation ... 13
4.02 Budget ....13
4.03 Financial Disclosure ... 13
4.04 Travel Policy.... ...13
4.05 City Credit Card Policy. .. 14
Chapter 5 Communications 15
5.01 Overview. . 15
5.02 Correspondence from Councilmember. ..15
5.03 Local Ballot Measures..... 15
5.04 Proclamations.. . 16
5.05 State Public Records Disclosure Act .16
Chapter 6 Conflict of Interest 18
6.01 Ethics, AB1234 Ethics Training....... 18
6.02 Conflicts of Interest. ..18
CITY OF IONE CITY COUNCIL PROTOCOL MANUAL
Chapter 7 Interaction with City Staff/Officials 22
7.01 Overview 22
7.02 Council-Manager Form of Government. ...22
7.03 City Council, Non-interference... ....23
7.04 City Council/City Manager Relationship ...23
7.05 City Council/City Staff Relationship... .. 24
7.06 City Council/City Attorney Relationship ..24
7.07 Roles and Information Flow... ...24
7.08 Dissemination of Information.. ... 25
7.09 Magnitude of information Request. ... 26
7.10 Staff Relationship to Advisory Bodies... ... 26
7.11 Restrictions on Political Involvement by Staff. ...26
7.12 Council Attendance Policy... ..27
Chapter 8 City Council Meetings 28
8.01 Meeting Schedule. . 28
8.02 Public Notice of Meetings and Hearings 28
8.03 Emergency Meetings 29
8.04 Special Meetings... ..29
8.05 Study Sessions ..30
30 8.06 Development on the Agenda Metings.
31 8.08 Order of Business. .31
8.09 Council Action... ..33
8.10 Legislative and Quasi-Judicial Action of the Council ..33
8.11 General Parliamentary Procedure. 34
8.12 City Council Conduct and Participation at Meetings.. 34 Chapter 9 Protocol Administration 35
9.01 Biennial Review. ...35
9.02 City Attorney as Protocol Advisor. ...35
9.03 Adherence to Non-interference Ordinance. ...35
9.04 Applicability of Protocol Manual . 35
Appendices 35
• ICMA Code of Ethics
• City of lone Code of Ethics
California Government Code Section 54950-54963 (Brown Act) Rosenberg's Rules of Order
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• Travel Policy
• Credit Card Policy
• List of City Plans
Approved Proclamations List
Chapter 1 Introduction and Overview
As a City Councilmember, you not only establish important and often critical policies for the community of lone, you are also a board member of a public corporation having an annual budget of several million dollars. The scope of services and issues addressed by the city organization go well beyond those frequently reported in the newspaper or discussed at City Council meetings.
1.01 Council-Manager Form of Government
The City of lone has a Council-Manager form of government. As described in the Municipal Code and the Government Code of California, certain responsibilities are vested in the City Council and the City Manager. Basically, this form of government prescribes that a City Council's role is that of a legislative policy-making body which determines not only the local laws that regulate community life, but also determines public policy and gives direction to the City Manager to administer the affairs of the city government in a businesslike and prudent manner. (lone Municipal Code Title Il and Government Code §34100 et seq.)
The City of lone was incorporated in 1953. At that time, the separately elected City Clerk was the administrative officer for municipal affairs. There was also a separately elected City Treasurer. The City Council established lone as a Council-Administrator form of government in _ _ and hired its first City Administrator that year. In 2007, the City Council changed the form of government to Council-Manager and hired a City Manager.
1.02 Purpose of City Council Protocol Manual
The City of lone has prepared its own Protocol Manual to assist the City Council by documenting accepted practices and clarifying expectations. Administration of City Council affairs is greatly enhanced by the agreement of the City Council and staff to be bound by these practices.
While attempting not to be overly restrictive, procedures are established so that expectations and practices can be clearly articulated to guide Councilmembers, the City's various commissions/committees, and City staff in their actions.
1.03 Overview of Basic City Documents
This Protocol Manual provides a summary of important aspects of City Council activities.
However, it cannot incorporate all material and information necessary for undertaking the business of the City Council. Many other laws, plans, and documents exist which bind the City Council to certain courses of action and practices. The following is a summary of some of the most notable documents that establish City Council direction.
A. lone Municipal Code
The Municipal Code contains local laws and regulations adopted by resolutions and ordinances. Title Il of the Code addresses the role of the City Council, describes the organization traffic regulations, building standards, and revenue and finance issues.
B. Goals
The City Council sets both long-term and short-term goals for the City each spring. The goal-setting process includes a review of the previous year's goals including progress toward completion and updating. The budget is then written with the objective of working toward completion of those goals.
C. Codes of the State of California
The state laws contain many requirements for the operation of city government and administration of meetings of city councils throughout the state. Ione is a "general law city" which means it operates under applicable general laws of the state. As a general law city of the state of California, lone is vested with all the powers of incorporated cities as set forth in the California Constitution and the applicable California state laws. Conversely, there are a number of cities within California that are "charter cities" and have adopted local provisions that establish basic governing procedures for local government. (Government Code §§ 34100-34102) lone is not a charter city.
D. Annual Budget
The annual budget is set for the fiscal year beginning July 1st and ending June 30th. It is the primary tool and road map for accomplishing the goals of the City. The budget document is the the car out east important process the city we ales adorn our be te the City Council makes policy decisions, sets priorities. framework for government operations. Study sessions on the budget are held in May and public hearings in June with adoption at the second City Council meeting in June.
E. Annual Financial Audit
• The annual financial audit includes the financial statements of the City for a fiscal year. It cludes the financial condition of the City as reflected in the balance sheet, the results of operation s reflected in income statements, an analysis of the uses of City funds, and related footnotes. Th annual financial audit includes statements for the various groups of funds and a consolidated group of statements for the City as a whole. The City Council has the responsibility of hiring an independent auditor, and of reviewing and accepting the audit.
F. General Plan
A state-mandated General Plan addresses the City's long-range planning needs relative to land use, transportation, economic development, housing, and other planning elements. The City's General Plan is reviewed on an ongoing basis, but mandatory elements may only be revised four times a year; however, certain amendments necessary for affordable housing development are not subject to this limitation. (Government Code § 65350 et seq.) G. Five-year Capital Improvement Program
The Five-year Capital Improvement Program serves as a guide for determining priorities, planning, financing, and construction of capital projects which add to, support, or improve the physical infrastructure, capital assets, or productive capacity of City services.
H. Disaster Preparedness Plan
The City maintains a disaster preparedness plan that outlines actions to be taken during times of extreme emergency. The City Council may be called upon during an emergency to establish policies related to a specific incident. The chain of command is as follows:
The City Manager is the Director of Emergency Services
The City Manager may appoint an Assistant Director of Emergency Services (lone Municipal Code Title II, Chapter 2.48, §§ 2.48.010 to 2.48.120)
1.04 Orientation of New Members
It is important for the members of the City Council to gain an understanding of the full range of services and programs provided by the City. As new members join the City Council, the following will be provided in a timely manner.
• The City Manager will host an orientation program to distribute materials outlining City policy, protocol and updates on labor negotiations. • The City Manager will facilitate a meeting with the City Attorney for conflict-of- interest training, review of current legal matters, and review of parliamentary procedure.
• The City Manager will arrange a meeting with Finance prior to the first pay period to cover information reviewed with all City employees, (e.g., benefits elections, 1-9, retirement options, etc.)
• The City Manager will arrange meetings with key Department Heads to be briefed on current projects within his/her Department and to tour City facilities. • The City Manager will arrange an opportunity for "ride alongs" with the lone Police Department.
• The City Manager's assistant will arrange a meeting for a briefing on various aspects of City Hall, including, but not limited to, travel procedures, phone service, etc. • The City Manager will provide information for attendance at the League of California Cities' New Mayors and Council Members Academy.
Chapter 2 Ione City Council: General Powers and Responsibilities
2.01 City Council, Generally
Fundamentally, the powers of the City Council are to be utilized for the good of the community and its residents; to provide for the health, safety, and general welfare of the citizenry.
The City Council is the policy-making and law-making body of the City. State law and local ordinances define the powers and responsibilities of the Council.
It is important to note that the Council acts as a body. No member has any extraordinary powers beyond those of other members. While the Mayor has some additional ceremonial and presiding officer responsibilities as described below, when it comes to establishing policies, voting, and in other significant areas, all members are equal. It is also important to note that policy is established by at least a majority vote of the Council. While individual members may disagree with decisions of the majority, a decision of the majority does bind the Council to a course of action.
Councilmembers should respect adopted Council policy. In turn, it is staff's responsibility to ensure the policy of the majority of the Council is upheld. Actions of staff to pursue the policy direction established by a majority of Council do not reflect any bias against Councilmembers who held a minority opinion on an issue.
A. Council Non-Participation in Administration
In order to uphold the integrity of the council-manager form of government and to provide proper checks and balances, members of the City Council shall refrain from becoming directly involved in the administrative affairs of the City, unless authorized by a majority of the Council tr participate in a policy or project.
2.02 Role of Councilmembers
Members of the lone City Council are collectively responsible for establishing policy, adopting an annual budget, and providing vision and goals to the City Manager. The following utline is a brief description of the various duties of Councilmembers. The description is no intended to be comprehensive, but rather it is an effort to summarize the primary responsibilities of the Council.
A. Summary of Council Duties and Responsibilities as Provided in State Law:
1. Councilmembers serve as the:
City Council
2. Establish Policy
• Adopt goals and objectives
• Establish priorities for public services
• Approve/amend the operating and capital budgets
• Approve contracts/expenditures over $15,000 consistent with the City's procurement ordinance
• Adopt resolutions
3. Enact Local Laws
• Adopt ordinances
4. Supervise Appointed Officials
• Appoint City Manager and City Attorney
• Evaluate performance of City Manager and City Attorney • Establish boards, commissions, committees and task forces • Make appointments to such bodies
• Provide direction to advisory bodies
5. Make Decisions
• Study problems
• Review alternatives
• Determine best course of public policy
• Call special elections as necessary
2.03 Role of Mayor
A. Presiding Officer
The Council selects the Mayor on the third Tuesday of December. The Vice Mayor can be selected to be the Mayor or the City Council can select from the remaining members of the City Council at their discretion. It is recommended that the Mayor should have served at least one full year on the City Council prior to being selected as the Mayor.
The Mayor serves as the presiding officer, unless otherwise delegated, and acts as chair at all meetings of the City Council. The City Manager in consultation with the the Mayor sets the agenda for regular and special Council meetings, and subject to the advice of the City Attorney. The Mayor may participate in all deliberations of the Council in the same manner as any other member and is expected to vote in all proceedings, unless a conflict of interest exists. During Council proceedings, the Mayor facilitates discussion, gauges direction, and listens for majority support prior to calling for a vote on a motion. The Mayor does not possess any power of veto. State law allows the Mayor to move or second an action. As a matter of lone tradition, the Mayor does not make a motion and will only second a motion in rare and unusual circumstances. (Government Code §§ 36801-36815) B. Ceremonial Representative and Other Duties of the Mayor Responsibility to act as the City Council's ceremonial representative at public events and functions has been assigned to the Mayor. In the Mayor's absence, the Mayor shall appoint a Councilmember to perform the ceremonial role. However, all Councilmembers are encouraged to participate. The Mayor may initiate and execute certificates of appreciation and recognition, and Council-approved proclamations. The Mayor has the responsibility of making liaison, board and committee assignments for Councilmembers with those assignments to be ratified by the Council.
2.04 Vice-Mayor, Absence of Mayor and Councilmembers
In the absence of the Mayor, the Vice-Mayor shall perform the duties of the Mayor. The Council selects the Vice-Mayor by a majority vote each year on the third Tuesday of December.
When both the Mayor and Vice-Mayor are absent, the Mayor will designate from amongst the Councilmembers a person to serve as Acting Mayor, who shall, for the term of such absence, have the powers of the Mayor.
If the Mayor or other Councilmembers intend to be absent from the City, they shall notify the City Manager of such absence. If a Councilmember fails, for any reason except sickness, to attend three consecutive regular meetings of the Council, his or her office may be declared vacant by the Mayor and the council shall proceed to decide whether to hold a special election or appoint a successor for the unexpired portion of the term of office of the absent member. [lone Municipal Code Section
2.04.030)
2.05 Resignation of Mayor or Vice-Mayor
If the Mayor or Vice-Mayor resigns, the City Council will select a new Mayor or Vice- Mayor.
2.06 Emergency Response
The City Council may proclaim, and the Mayor shall sign, a declaration of emergency. If the City Council is not in session, the City Manager (Emergency Services Director) may proclaim the existence of an emergency. The Emergency Services Director directs all disaster response activities. (lone Municipal Code § 2.48.060)
2.07 Appointment of Officer
The City Council is responsible for appointing two positions within the City organization- the City Manager and the City Attorney. The City Manager and the City Attorney serve at the pleasure of the Council. The City Manager is responsible for all personnel within the City organization.
2.08 Boards, Commissions, Committees, and Task Forces
A. Appointments Made by the Council
Boards, commissions, committees, and task forces provide a great deal of assistance to the Ione City Council when formulating public policy and transforming policy decisions into action.
The City has several standing commissions and committees. In addition, special purpose task forces are often appointed by the City Council to address specific issues of interest on a limited duration asis. These ad hoc committees will be dissolved upon completion of the intended task. Committee:
ind task forces are purely advisory to the Council, and, in some situations, staff. Commission:
pursuant to the powers and duties specified by the City Council may have final decision-making authority, subject to appeal to the Council, but may also serve in an advisory capacity in certain situations.
The procedures established in this Manual reflect the policy of the City Council regarding the appointment of volunteer citizens to the various bodies of the City. The establishment of these procedures ensures that well-qualified, responsible, and willing citizens are given the opportunity to serve the City and participate in the governance of their community.
The City Council is specifically empowered to create all boards, commissions, committees and task forces, pursuant to the provisions of the lone Municipal Code, as the Council deems necessary or advisable. In the exercise of this power, it is the desire of the City Council to establish a consistent policy in its decision-making role to fairly and equitably evaluate those citizens of the community who demonstrate a desire to serve on such boards, commissions, committees, or task forces. (Ione Municipal Code Title 2, Chapters 2.17, 2.36, and 2.62)
For full-term vacancies, the filing period is as determined by Ordinance. The City Clerk shall:
• Publicly announce the position vacancy and filing period by publication of same in the official newspaper of the City of lone and set forth the qualifications required, if any.
• Notify the incumbent(s) of whose terms are expiring, of such term expiration and invite the incumbents) to consider being reappointed.
• Advertise the position and accept applications when an incumbent's term expires on the Planning Commission, Park and Recreation Commission, and any other Commission.
B. Selection
Mayor Interview Period: The Mayor may personally interview each applicant individually, at a time and place to be designated by the Mayor.
However, after reviewing applications, the Mayor reserves the right to make appointments without conducting interviews.
2. The Mayor may appoint a sub-committee to review applications or conduct interviews of applicants and appoint the member, with approval of the City Council.
3. Decision & Announcement: Each applicant will be notified of the decision of the Mayor and Council approval. The City Clerk will also notify the Chair of the affected board or commission of its decision.
C. Resignations
unexpired ponies occurie during the midine a ein shal be filed by apointment for the D. Councilmembers' Role and Relationship with City Bodies
1. Because the Council has the ability to review decisions made by the commissions and recommendations made by committees and task forces, Councilmembers shall not be appointed to City Boards or Commissions concurrent with their term of office.
2. Unless specifically authorized by a majority vote of a quorum of the Council, no Councilmember shall be authorized to testify before or direct the work of any board, commission, committee or task force of the City.
3. If the Councilmember is testifying in such a capacity pursuant to the above provision, testimony should be undertaken in such a manner as to assure public confidence in the decision-making process and avoid the appearance of bias, prejudice, or improper influence. Toward this purpose, the following protocol should a. Councilmembers shall not testify in matters pending before any commission, committee, or task force that will receive, or could potentially receive, future appeal or review before the City Council. Violation of this protocol shall require the Councilmember to disqualify his or herself from participating in any appeal or review proceedings before the City Council.
b. Except in matters directly involving personal interests, Councilmembers, in their capacity as private citizens, should abstain from providing testimony or influencing decisions in matters pending before any City board, commission, committee or task force that will receive, or could potentially receive, future review or other action before the Council. Where a Councilmember elects te provide such testimony, the following rules shall apply:
• The Councilmember shall declare at the outset and upon the record that the Councilmember is present in his or her private capacity as an interested citizen, and not on behalf or at the request of the City Council.
• The Councilmember shall refrain from stating or implying that the Councilmember's position or opinion is that of the City Council. • The Councilmember shall refrain from directing City staff or the advisory body to take any action on behalf of the Councilmember. • The Councilmember shall observe any rules of procedure or protocol that apply to any other private citizen testifying before the advisory board.
• The Councilmember shall disqualify him or herself from participating in the matter should it come before the Council for review and/or decision.
E. Planning Commission
1. The Planning Commission serves as the advisory planning agency for the City by advising planning staff and City Council on matters of planning, land use, and the General Plan. The commission makes recommendations to the City Council for legislative decisions and planning policies. The Commission also holds hearings on planning and zoning applications and serves as the decision-making body in certain circumstances as required in the California planning and zoning law, or by the lone Municipal Code.
a. Important to note is that City Council is the policymaker for the City's guiding land use rules and policies, with advice from the Planning Commission. b. Further, the Commission members are appointed by the City Council to implement to the City's land use rules and policies. Commissioners shall not direct City staff. Each member of City staff is responsible to their direct supervisor or the City Council, as applicable.
2. In accordance with the Brown Act, Commission discussion at each meeting shall be limited to items listed on the agenda. For items not on the agenda, discussion shall be limited to brief responses to statements or questions, announcements, requests for reports, or requests for future agenda items, as permitted by law. a. City planning staff shall be responsible for preparing Commission agendas and meeting materials.
b. Planning Commissioners may request that items be placed on future agendas.
All such requests are subject to review and approval by City planning staff prior to placement on an agenda.
3. Regular meetings of the Commission are meetings held on the dates, times, and in the location set by the City Council.
a. All commission meetings shall be conducted in compliance with the Brown Act. b. In the exercise of City resources and planning staff time, City planning staff and/or the City Manager have the discretion to cancel Commission meetings when there are no agenda items scheduled for formal hearings. c. The City Manager must authorize any special meeting of the Commission.
4. Commission meetings shall be open to the public and conducted in a dignified and respectful manner. Commissioners shall treat their duties and obligations seriously and conduct meetings in a manner that is productive and furthers the mission of the City.
a. Commissioners shall evaluate all agenda items in a neutral and unbiased b. Commissioners shall recuse themselves from any agenda item which they have a conflict of interest pursuant to state conflict of interest laws. c. Commissioners are discouraged from publicly discussing pending agenda items outside of Commission meetings in order to avoid the appearance of bias or prejudgment. Commissioners often sit in a quasi-judicial capacity, which means development applicants are afforded due process and fair hearing rights in anticipation of hearings to consider development applications. Failing to remain neutral prior to a quasi-judicial hearing may result in a Commissioner's lisqualification from participating in the proceedings
2.09 Service on Outside Boards
Councilmembers are often requested to serve on outside boards, councils, commissions, or committees. This type of representation serves to facilitate communication and provide interaction with other governmental bodies. The City Council appoints members to some of these groups on an as-needed or as-requested basis.
Councilmembers participating in policy discussions at regional meetings will represent the consensus of the Council, except where regional appointment requires regional opinion. Personal positions, when given, will be identified and not represented as the position of the City.
Assignment and direction of staff in relation to regional meetings are at the discretion of the City Manager.
2.10 Incompatibility of Offices
In general, California law prohibits public officials from simultaneously holding more than one public office when the functions or responsibilities of the two offices have the potential for overlapping. This prohibition arises from a concern over the potential clash of two public offices held by a single official with potentially overlapping public duties. The Legislature may, however, expressly authorize through legislation the holding of two offices notwithstanding the fact that the dual holding would otherwise be prohibited. For example, the Legislature has exempted Local Agency Formation Commissions, the Coastal Commission, joint powers agencies, and transportation corridor agencies.
Chapter 3 Support Provided to City Council
3.01 Staff/Clerical Support
Staff and administrative support to members of the City Council is provided through the City Manager's Office. Secretarial services provided include distributing mail and email, scheduling appointments and receiving messages. All other Council requests for staff services are made bi request to the City Manager who will assign the appropriate staff member. Sensitivity to workload of support staff is appreciated and turnaround time will vary depending on workload.
3.02 Office Equipment
To enhance Councilmembers' service to the community and their ability to communicate with staff and the public, the City provides meeting facilities and office equipment for City business. It is important to note that all letters, memoranda, and interactive computer communication (email) involving City Councilmembers and members of advisory boards and commissions, the subject of which relates to the conduct of government or the performance of any governmental function, with few exceptions stated by the Public Records Act, are public records.
A. Business and Personal Use of City Equipment
The City's electronic equipment and information systems are intended for professional business use in performing the duties of a Councilmember. Personal use of City equipment is prohibited.
B. Photocopy Machines and Other Equipment
1. Photocopy Machines. Councilmembers may use the photocopier for City business.
2. Other equipment. Except as provided herein, in no event shall a Councilmember take City property to his or her home.
C. Monitoring, Enforcement and Penalties
1. City information systems or storage media are the property of the City of lone. The City retains the right to access, copy and change, alter, modify, destroy, delete or erase this property without prior notice to Councilmembers.
2. The City retains the right to monitor and audit the use of email and Internet use. The right to use these technologies does not include the right to privacy.
3. Deleted documents, messages and data may be retrieved from a variety of points in the network. Councilmembers should assume that electronic evidence discovery might recover deleted or unsaved data.
4. Councilmembers' use of a personal Internet account on City equipment, and Councilmembers' use of a City Internet account on personal equipment are to be arranged through the City Manager and are subject to the provisions of this policy.
Said Councilmembers should be aware that their personal email and electronic files could be monitored by the City and could be reviewed as part of a Public Records request.
3.03 Meeting Rooms
Councilmembers may utilize the office space provided in the City Hall. Use of other meeting rooms, including the conference room located at City Hall, may be scheduled through the City Manager's Office.
3.04 Mail, Deliveries
Members of the City Council receive a large volume of mail and other materials that are delivered primarily through the use of mailboxes located in the City Council office. City Manager's staff disseminates mail to individual Council mailboxes. Staff does not open mail addressed to individual Councilmembers. General correspondence addressed to Councilmembers as a whole will be opened and delivered to the Council General Box. Councilmembers are encouraged to check mailboxes often. In addition, City staff will email, telefax or personally deliver materials that are time sensitive to a member's home or office, if appropriate.
3.05 Council Library
Located in the City Council's office is a library of current City plans and implementation programs. These documents are for reference and are not to be removed from the office. Copies can be made available for individual Councilmembers upon request to the department of origination. Each City Councilmember is issued a complete copy of the Ione Municipal Code for their reference.
Chapter 4 Financial Matters
4.01 Council Compensation
The Municipal Code provides for payment of a modest honorarium to members of the City Council. State law sets the level of compensation. (Government Code § 36516 and IMC $ 2.20)
4.02 Budget
The annual City budget includes appropriations for expenses necessary for members to undertake official City business. Funding provided includes membership in professional organizations, attendance at conferences or educational seminars, purchase of publications and office supplies. Reference is made to the attached City Manager's budget instructions.
4.03 Financial Disclosure
Candidates for the office of Councilmember shall file a financial disclosure statement with the City Clerk who will retain a copy and forward the original to the Fair Political Practices Commission (FPPC). (Government Code §§ 87200 et. seq.) Financial disclosure shall be filed with nomination papers, not earlier than 113 days before the election with the deadline being no later than 88 days before the election. (Calif. Elections Code) When Councilmembers assume office or leave office, whether by election, appointment, end of term or resignation, Statements of Economic Interests (FPPC Form 700) covering the previous 12-month period must be filed within thirty days. (Government Code § 87204) In addition, Councilmembers are required to file financial disclosure statements (FPPC Form 700) on an annual basis after January 1 and before April 1 of each year covering the previous calendar year. (Government Code § 87203) Statements filed in any of the above cases will be available for public inspection.
4.04 Travel Policy
The City Council has adopted by resolution a travel policy. The City Council, staff, and. appointed officials will be reimbursed for all approved travel as defined in the City Travel Policy up to the amount of an individual Councilmember's funds allocated for travel/training. In addition, a Councilmember may request in writing to the City Manager a reallocation of his/her unused travel budget to another Councilmember. "Approved Travel" means travel to attend training or conferences, or other City Council-directed travel activities.
A. Pre-authorization of Travel/Training
Councilmembers and appointed officials traveling on City business that involves an overnight stay shall submit a Travel/Training Authorization Form to the City Manager for approval.
The travel authorization form will include a complete estimate of the costs of the trip, including conference registration, transportation, and per diem. The travel authorization form will alsc include the purpose of the trip, the dates of travel, and other pertinent details.
In advance of any travel on City business, a Travel/Training Authorization Form must be submitted to and signed by the City Manager. The City Manager must authorize:
Overnight travel by elected or appointed officials
Use of a rental vehicle by elected or appointed officials Out-of-state travel by elected or appointed officials
B. Authorization for Reimbursement of Travel Expenses
Within 10 days of the close of the authorized travel period a final itemized Travel/Training Authorization Form, including all receipts and expense reimbursement requests, must be submitted to the City Manager for final approval and signature. The City Manager's Office will process and submit authorized travel reimbursement requests to the Finance Department.
4.05 City Credit Card Policy
Issuing Cards: The City credit card is available for use by the City Council and can be obtained from the City Manager's Assistant. Use of City credit cards is set forth in the City Credit Card Policy.
Cards Lost or Stolen: Lost or stolen cards must be reported to the Finance Director within one working day of discovery.
Leaving Office: Each card holder must surrender the City credit card immediately upon leaving office, or upon request of the City Manager or Finance Director. Use of the card after privileges are withdrawn is prohibited.
Chapter 5 Communications
5.01 Overview
Perhaps the most fundamental role of a Councilmember is communication. Communication with the public to assess community opinions and needs, and to share the vision and goals of the City with constituents; and communication with staff to provide policy direction and to gain an understanding of the implications of various policy alternatives. Because the City Council performs as a body (that is, acting based on the will of the majority as opposed to individuals), it is important that general guidelines be understood when speaking for the Council. Equally important, when members are expressing personal views and not those of the Council, the public should be so advised.
5.02 Correspondence from Councilmembers
Members of the City Council will often be called upon to write letters to citizens, businesses, or other public agencies. Typically, the Mayor will be charged with transmitting the City's position on policy matters to outside agencies on behalf of the City Council. Individual members of Council will often prepare letters for constituents in response to inquiries, or to provide requested information. City letterhead is available for this purpose, and staff can assist in the preparation of such correspondence.
On occasion, Councilmembers may wish to correspond on an issue on which the Council has yet to take a position, or about an issue for which the Council has no position. In these circumstances, members should clearly indicate that they are not speaking for the City Council as a whole, but for themselves as one member of the Council. City letterhead and office support may be utilized in these circumstances.
Councilmembers may occasionally be asked to prepare letters of recommendation for community members seeking employment or appointment. It is inappropriate for Councilmembers to make a recommendation or utilize City letterhead or their Council titles for such letters without approval of the majority of Council.
City letterhead and staff support cannot be utilized for personal or political purposes.
5.03 Local Ballot Measures
At times, initiatives may be placed on the ballots that affect City Council policy. There are restrictions regarding what actions the City may take on ballot measures. Specifically, state statutes prohibit the City from using its personnel, equipment, materials, buildings, or other resources to influence the outcome of elections. What the City can do is distribute informational reports o pamphlets for the purpose of informing the public of the facts of an issue.
5.04 Proclamations
Proclamations are issued by the City Council as a ceremonial commemoration of an event or issue (e.g., National Night Out). Proclamations are not statements of policy. Proclamations are a manner in which the City can make special recognition of an individual, event, or issue.
Proclamations can be directly made if they have been listed on a previously approved list. The Council-approved proclamations list is a separate document so that it can be added to after the Council has approved a new proclamation without having to pass a new resolution each time. All proposed proclamations not on the annually approved list must first be approved by the Council during a regular City Council meeting as an item on the Consent Calendar. When a proclamation is approved as a consent item, and if the proclamation is expected to be an annual event, description of the item shall include the phrase "and add proclamation to the Council-approved list." The decision to add or not to add a proclamation to the approved list shall be made following consultation between the City Manager and the Mayor at the time the Council meeting agenda is being prepared.
The list will be reviewed by the City Council every February following a City Council election.
Proclamations not requested for two years will automatically be deleted from the list of pre- approved proclamations.
5.05 State Public Records Disclosure Act
To ensure that business communications submitted to and by elected and appointed officials comply with the Public Records Act and the State Open Meetings Act (Brown Act), the following is set forth:
A. Communications, Generally
All letters, memoranda, and interactive computer email communications involving City Councilmembers and members of boards, commissions, committees and task forces, the subject of which relates to the conduct of government or the performance of any governmental function, with few exceptions as stated by the Public Records Act, are public records. Copies of such letters, memoranda, and email communications may not be provided to the public or news media without the filing of a public information disclosure request with the City Clerk. The City Clerk has adopted a protocol for processing such requests.
B. Written Communications
Written letters and memoranda received by the City on a specific agendum, addressed to a Councilmember or the Council as a body, will be photocopied and provided to all City Councilmembers, and a copy kept according to the City's Records Retention Schedule.
C. Electronic Communications
1. Informal messages with no retention value and that do not relate to the functional responsibility of the recipient or sender as a public official, such as meeting notices, reminders, telephone messages and informal notes, do not constitute a public record.
Users should delete these messages once their administrative purpose is served.
2. All other messages that relate to the functional responsibility of the recipient or sender as a public official constitute a public record. Such records are subject to public inspection and copying; users may either print a copy of the record and file it with the City Clerk for retention, according to the City's Records Retention Schedule, or forward such email messages to "[email protected]" from which the City Clerk will print and file it according to the City's Records Retention Schedule.
Email communications that are intended to be shared among three or more Open Pubie Meting At on A tental prepos de mail othe
have a discussion that should be held at an open meeting, the electronic discussion should not occur.
4. Email should be used cautiously when seeking legal advice or to discuss matters of pending litigation or other "confidential" City business. In general, email is discoverable in litigation, and even deleted email is not necessarily removed from the system. Confidential email communications should not be shared with individuals other than the intended recipients or the attorney-client privilege protecting the document from disclosure may be waived.
5. Email will not be used for personal use, since Councilmembers' conventional email addresses include the City's "return address."
6. For public record purposes, all Councilmembers and appointed officials shall use their official City email account for City business. All Councilmembers and appointed officials are advised that City business conducted on cellphones, private email addresses, and other devices are considered public records and subject to disclosure. Conducting City business outside of the designated City email address or cell phone can subject to the official and the City to liability and penalties for failure to comply with public record requirements.
Chapter 6 Conflicts of Interest
6.01 Ethics, AB 1234 Ethics Training
The City maintains a commitment to conducting business according to the highest achievable ethical standards. Recognizing that ethical dilemmas may arise and that public officials must make difficult choices after careful consideration of competing public, personal and/or private interests at stake, the Council has adopted a code of ethical conduct, which is contained in Appendix XX.
The City Manager is subject to a professional code of ethics as a member of the International City/County Management Association (ICMA). These principles appear in the Appendix XX of this mad do It sto l bens red that hi ode bindiy city Mass. Violinis prach erina are can result in censure by the ICMA.
State law (Government Code § 53234, et seq.) requires public officials to complete two hours of training in ethics principles and laws every two years. In addition to Councilmembers, lone requires the training of all of its Commissioners (Planning and Park and Recreation), its City Manager, its Department Directors, its mid-managers when they staff a City Commission, and the Chairperson and Vice Chairperson of each committee or board. Additionally, the City Council encourages all committee and board members to complete the training. At present, the League of Calitornia Cities offers AB 1234 training, often in conjunction with League conferences or other training workshops, and on-line training is offered for a nominal fee through the Institute for Local Government and the Fair Political Practices Commission. Certificates of course completion are kept on file by the City Clerk. (Lone Resolution No. 1385.)
6.02 Conflicts of Interest
There are numerous sources of conflicts of interest that may require a Councilmember to disqualify himself or herself from participating in decision-making. The Political Reform Act (PRA) controls financial conflicts of interest of public officials. The PRA is one of the most complicated laws affecting local government. This law is implemented and enforced by the Fair Political Practices Commission (FPPC) which has issued comprehensive implementing regulations. To understand the PRA's impact on a Councilmember's actions, it is suggested that members discuss the law and potential conflicts with the City Attorney or a private attorney. All Councilmembers and City officials are advised that violation of conflict of interest laws can subject the official to personal liability and they cannot rely on the advice of the City Attorney for protection.
In general, under the PRA, public officials are prohibited from making, participating in or in any way attempting to use their official position to influence a government decision in which they know or have reason to know they have a financial interest. (Government Code § 87100, 2 California Code of Regulations §§ 18700, 18702-18702.4.) A "public official" is defined as including every member, officer, employee or consultant of the state or local government agency. (Government Code § 82048; 2 California Code of Regulations § 18700).
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)
3. 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 §§ 18703.1, 18704.3)
5. Any gift totaling $360 (adjusted biannually by the FPPC) or more provided to, received by or promised within 12 months prior to the decision. (2 California Code of Regulations §§ 18703.4, 18794-18961)
B. Analysis
In general, the FPPC suggests that an four-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 ust nis/her official position to influence governmental decision? (2 California Code o1 Regulations §§ 18700, 1 8702-18702.4)
• What are the actual economic interests of the official potentially impacted by the decision? (Government Code § 87103, 2 California Code of Regulations §§ 18704- 18704.5)
• 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 §§ 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 or at the beginning of the meeting during declaration of conflicts, 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.
Declarations of conflicts of interest are personal to the individual with the actual or potential conflict. No Councilmember or City staff member may declare or assert a conflict of interest on behalf of another. The agenda item providing for declarations of conflicts of interest is solely for the purpose of individual self-disclosure and does not permit discussion, debate, or commentary regarding the conflicts or alleged conflicts of other Councilmembers or City staff.
If any Councilmember suspects there may be a conflict of interest for another Councilmember, the Councilmember is encouraged to notify the City Manager of the perceived conflict in advance of the meeting for further evaluation by the City Manager and the City Attorney.
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 lone 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) 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 th Councilmember from an enforcement action by the FPPC or criminal prosecution.
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) 1 City Officials and Appointed Members of Boards Commissions and Committees City Officials and appointed members of Boards, Commissions, and Committees of the City shall observe the same conflict of interest rules applicable to the City Council.
Chapter 7 Interaction with City Staff/Officials
7.01 Overview
City Council policy is implemented through dedicated and professional staff. Therefore, it is critical that the relationship between Council and staff be well understood by all parties so policies and programs may be implemented successfully. To support effective relationships, it is important that roles are clearly recognized.
7.02 Council-Manager Form of Government
lone 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
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 the Council shall, by suggestion or otherwise, attempt to influence or coerce the City Manager concerning appointments to City offices or employment. Nor shall the City Council be involved in, or influence, the purchase of any supplies beyond the requirements of the City procurement code/procedures.
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.
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 part- time basis, or by any reasonable contractual arrangement for such professional services. The City Attorney 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 in accordance with the City Policy for Use of the City Attorney and Communications Between the City Council and City Attorney adopted by Resolution No. 2025-40, attached hereto and incorporated herein as Appendix XX.
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 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 information or assistance made by individual Councilmembers provided that, in the judgment of the City Manager, the request is not of a magnitude, either in terms of workload or policy, which would require that it would be more appropriately assigned to staff through the direction of the full
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 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 review 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
lone 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.
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.
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. In accordance with Chapter 2.04 of the lone Municipal Code, closed session meetings are considered part of the Council's regular meeting and may begin earlier than 6:00 p.m., as needed, so long as the closed session items are agendized and the time for their consideration is specified in the agenda.
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
The public shall be notified of the preliminary agenda for the forthcoming regular City Council meeting by posting a copy of the agenda in the following public places in the City at least 72 hours in advance of the meeting:
Ione City Hall Outside Bulletin Board 1 E. Main Street, Ione, CA 95640 • 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.
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 public facilities during an emergency situation. Emergency situations are those matters immediately 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.
8.05 Study Sessions (Workshops)
The City Council may meet informally in a study session. The study session is the forum used by Council to review forthcoming programs of the City, to receive progress reports on current issues, or to receive similar information from the City Manager and others. All discussions and conclusions held during a workshop are of an informal nature. Although no final action is taken while in a study session, a majority of the Council may give City staff preliminary direction on what to bring back to the Council for later consideration. Such direction given at a study session does not in any way obligate a Councilmember to vote in a particular way if the item is later brought back to the Council for further review.
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 generally contain all of the following:
1. An outline or summary of the information that the Councilmember would like to be presented to the City Council;
2. Potential actions that the City Council may be asked to take on the item; and,
3. An explanation 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 action.
All items requested by Councilmembers for e presentation to the City Council at its regular meetings shall be reviewed by the Mayor and City Manager. If authorized by the Mayor or the City Manager, the item shall be placed on the agenda as soon as possible with consideration for staff preparation of the item and scheduling issues.
Should two City Council members, either independently or working cooperatively request the same item be placed on the agenda, that item shall be prioritized for the agenda at the next scheduled regular meeting. The Councilmembers will provide the same written topic information as outlined earlier in this section
For agenda items requested by Councilmembers, before thorough preparation or evaluation of the item by City staff, the Mayor or the City Manager shall have the discretion to bring a summary of the item to the City Council for further direction by the City Council and placement of the item on a future agenda.
For all agenda item requests, the City Manager shall control and direct the preparation of the agenda item, including but not limited to, if such item shall be a closed session item as permitted by law, an informational or discussion item, a resolution, ordinance, or such other form best suited for the For all agenda item requests, Councilmembers are advised that input from the City Attorney may be required.
D. Emergency or Other Items Added to the Agenda
Emergency items may be added to an agenda in accordance with state law. The reasons) for adding an emergency item to the agenda shall be announced publicly at the meeting, and the 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
a. All City Council agenda items shall be authorized by the City Manager or the Mayor.
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.
c. For items on the regular agenda, staff reports are required to include the following sections:
"Item Initiated By" - specifying the City official who requested or is bringing the agenda item;
2. "Item Authorized By"- specifying the City Official who authorized the preparation of the item.
3. "Prepared By" - specifying the author of the item.
d. 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.
Roll Call
II. Closed Session (exact time to be indicated on the agenda) The City Council will move to Closed Session on any matter on the agenda, such as litigation, personnel, or real estate matters. Closed Session matters shall be recorded and retained in accordance with the City Policy for Audio/Video Recording of Closed Session Meetings, attached and incorporated hereto as Appendix XX.
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 temporary Mayor Pro-tern 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. Declaration of Conflicts of Interest
Any Councilmember or staff member who has a direct conflict of interest with any item on the agenda shall declare the conflict with any item on the agenda at this time.
VII. Public Comment on Non-Agenda Items
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 four (4) 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.
VIII. Presentations or Announcements
This time is proclamations, presentations or announcements as scheduled with the Mayor or City Manager.
IX.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, any Councilmember may remove an item from the Consent Calendar
X. 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.
XI. 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 California Public Records Act, Government Code Section 7920.000 et seq.. Such documents are disclosable unless falling within the exceptions provided by the Public Records Act.
XII. City Attorney Report
XIII. 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.
XIV. Council comments/future agenda items
XV. Dates of Future Meetings
XVIAdjournment
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, the Presiding Officer or staff will advise the Council when a roll call vote is required. Motions should be concise and give clear direction to 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 meeting of the Council will require proper notice on the agenda. A motion to reconsider an item previously 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 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 communication it receives; that is, information or evidence a Councilmember 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 Appendix XX. 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.
Chapter 9 Protocol Administration
9.01 Biennial Review
The City Council will review and revise the City Council Protocol Manual as needed, which is held on file with the City Clerk. The City Council will specifically review, and if necessary revise, the Protocol Manual each year following a City Council election, or more often as deemed necessary
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.
CITY OF IONE CITY COUNCIL PROTOCOL
Chapter 10 Civility and Decorum
10.01 General
A. Councilmembers are expected to uphold a high standard of civility toward one another, the public, and City staff. Councilmembers shall refrain at all times from rude and derogatory remarks, remarks as to integrity, abusive comments, and statements as to motives and personalities. Councilmembers should remain mindful that, while in public, they are viewed as elected representatives of the citizens of the City and should conduct themselves in a respectful and dignified manner at all times.
B. Appointed members of Boards, Commissions, and Committees of the City shall observe the same rules of civility and decorum applicable to the City Council.
10.02 Code of Ethics
Councilmembers shall abide by the Code of Ethics adopted by Resolution No. 1384, which is attached hereto and incorporated herein as Appendix XX.
10.03 Social Media Policy
A. The City does not create, maintain, or provide support for individual Councilmember social media accounts.
B. Councilmembers who maintain personal social media or other digital media accounts are advised that, similar to City email or any other written or recorded communications related to the official conduct of City business, digital communications, social media posts, and messages concerning matters that are before the City for action or otherwise within the City's jurisdiction may constitute official City business. Such communications, may be subject to applicable laws and policies including, but not limited to, the following:
a. The California and United States Constitution.
b. The California Public Records Act.
c. The Ralph M. Brown Act.
C. Any social media activity by a Councilmember that can reasonably be interpreted as relating to "official City business" shall comply with the following requirements:
a. The post or account shall include a disclaimer stating:
"OPINIONS/STATEMENTS ARE MY OWN AND NOT OF THE CITY OF
IONE."
b. Councilmembers shall not delete comments or mute other social media users from posts conducting official City business.
c. Councilmembers shall not block other social media users from accessing any social media account that is used for official City business. d. In compliance with the Brown Act, Councilmembers shall not deliberate or discuss City business among themselves on any social media platform.
D. Nothing in this Policy prohibits a Councilmember from maintaining personal social media accounts or expressing views about City business.
E. The City Council values the roles and efforts of City staff and employees. Personnel matters are subject to confidentiality requirements and are often subject to future action or approvals from City Council. To protect the labor and privacy rights of City staff/employees and the City from liability, Councilmembers shall not post about personnel matters that may prejudice the City in labor negotiations or that creates a hostile work environment for City staff/employees.
F. For all social media communications, Councilmembers shall follow the civility and decorum rules adopted by the City Council. Councilmembers are encouraged to express disagreements in the form of policy and not personal attacks on the motives of other Councilmembers.
G. The City Council strongly encourages Councilmembers to express their views and exercise their First Amendment rights. However, all Councilmembers are advised that the following forms of speech are not protected by the First Amendment, including but not limited to, threats, incitement, defamation, fraud, and harassment. Engaging in such conduct and unprotected speech may subject the speaker to personal liability and risk causing further liability to the City, including incurring legal expenses in the defense of the matter.
10.04 Censure Policy
Councilmembers are may be subject to censure pursuant to the Censure Policy adopted by Resolution No. 2025-10, which is attached hereto and incorporated herein as Appendix XX.
APPENDICES
1. Professional Code of Ethics from International City/County Management Association
2. City of lone Audio/Video Recording of Closed Session Policy
3. City of lone Censure Policy
4. Resolution No. 1384 - Code of Ethics for Members of the City Council
5. Rosenberg's Rules of Order