IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE CLERK DEPARTMENT AT (408) 354-6834. NOTIFICATION 48 HOURS BEFORE THE MEETING WILL ENABLE THE TOWN TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING [28 CFR §35.102-35.104] How to participate: The Town of Los Gatos strongly encourages your active participation in the public process, which is the cornerstone of democracy. If you wish to speak to an item on the agenda, you may do so in person or by following the Participation instructions on page 2 of this agenda. The time allocated to speakers may change to better facilitate the Town Council meeting.
Effective Proceedings: The purpose of the Town Council meeting is to conduct the business of the community in an effective and efficient manner. For the benefit of the community, the Town of Los Gatos asks that you follow the Town’s meeting guidelines while attending Town Council meetings and treat everyone with respect and dignity. This is done by following meeting guidelines set forth in State law and in the Town Code. Disruptive conduct is not tolerated, including but not limited to: addressing the Town Council without first being recognized; interrupting speakers, Town Council or Town staff; continuing to speak after the allotted time has expired; failing to relinquish the podium when directed to do so; and repetitiously addressing the same subject.
Deadlines for Public Comment and Presentations are as follows:
Persons wishing to make an audio/visual presentation on any agenda item must submit the presentation electronically, either in person or via email, to the Clerk’s Office no later than 3:00 p.m. the day before the Council meeting.
Persons wishing to submit written comments to be included in the materials provided to Town Council must provide the comments as follows:
o For inclusion in any Addendum: by 11:00 a.m. the day before the Council meeting o For inclusion in any Desk Item: by 4:00 p.m. on the day before the Council meeting
TOWN OF LOS GATOS
SPECIAL MEETING OF THE TOWN COUNCIL
COUNCIL RETREAT AGENDA
SEPTEMBER 17, 2022 – 10:30 AM
15900 LOS GATOS BLVD, EOC ROOM, LOS GATOS, CA
Rob Rennie, Mayor
Maria Ristow, Vice Mayor
Mary Badame, Council Member
Matthew Hudes, Council Member
Marico Sayoc, Council Member
PARTICIPATION IN THE PUBLIC PROCESS
Town Council Meetings Broadcast Live on KCAT, Channel 15 (on Comcast) on the 1st and 3rd Tuesdays at 7:00 p.m.
Rebroadcast of Town Council Meetings on the 2nd and 4th Mondays at 7:00 p.m.
Live & Archived Council Meetings can be viewed by going to:
www.LosGatosCA.gov/TownYouTube
IMPORTANT NOTICE
This meeting is being conducted in person and via teleconference/Zoom webinar in compliance with provisions of the Brown Act. Members of the public can participate in the meeting by joining the Zoom webinar (log in information provided below) or by attending in person at the location listed on the agenda.
PARTICIPATION
To provide oral comments in real-time during the meeting:
Zoom webinar: Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join: https://losgatoscagov.zoom.us/j/83316098741?pwd=MTRmdFpHZWR5WGdQNk9xSlZBNDJjQT09 Passcode: 638675. You can also type in 869 5298 4802 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join
Join by telephone: Join by Telephone: Dial: USA 877 411 9748 US Toll-free or 636 651 3128 US Toll. Conference code: 363432
When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your telephone keypad to raise your hand. If you are participating by calling in, press #2 on your telephone keypad to raise your hand.
You may also provide comments in-person, however, based on the Santa Clara County Public Health Officer’s recommendation that government meetings be conducted remotely and in order to maintain social distancing, remote participation is encouraged.
When called to speak, you will be asked to provide your full name and your town/city of residence. This identifying information is optional and not a requirement for participation. Please limit your comments to three (3) minutes, or such other time as the Mayor may decide, consistent with the time limit for speakers at a Council meeting.
If you are unable to participate in real-time, you may email to [email protected] the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment) or “Verbal Communications – Non-Agenda Item.” Comments received by 11:00 a.m. the day of the meeting will be reviewed and distributed before the meeting. All comments received will become part of the record.
TOWN OF LOS GATOS
SPECIAL MEETING OF THE TOWN COUNCIL- COUNCIL RETREAT AGENDA SEPTEMBER 17, 2022
10:30 AM
RULES OF DECORUM AND CIVILITY
To conduct the business of the community in an effective and efficient manner, please follow the meeting guidelines set forth in the Town Code and State law.
The Town does not tolerate disruptive conduct, which includes but is not limited to:
· Addressing the Council without first being recognized; · Interrupting speakers, Council, or Town staff;
· Continuing to speak after the allotted time has expired; · Failing to relinquish the microphone when directed to do so; · Repetitiously addressing the same subject.
Town Policy does not allow speakers to cede their commenting time to another speaker. Disruption of the meeting may result in a violation of Penal Code Section 403.
MEETING CALLED TO ORDER
ROLL CALL
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on the matters listed on the agenda only. Please refer to the Participation Instructions contained on Page 2 of this agenda. To ensure the Council can complete its retreat in a timely fashion and unless additional time is authorized by the Mayor, this portion of the agenda is limited to 30 minutes and no more than three (3) minutes per speaker. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment.)
OTHER BUSINESS
1. Council Retreat
ADJOURNMENT
Writings related to an item on the Town Council meeting agenda distributed to members of the Council within 72 hours of the meeting are available for public inspection at the front desk of the Los Gatos Town Library, located at 100 Villa Avenue, and are also available for review on the official Town of Los Gatos website. Copies of desk items distributed to members of the Council at the meeting are available for review in the Town Council Chambers.
Note: The Town of Los Gatos has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a decision of the Town Council must be brought within 90 days after the decision is announced unless a shorter time is required by State or Federal law.
Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/17/2022
ITEM NO: 1
DATE: September 12, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Council Retreat
REMARKS:
On March 5, 2022, the Town Council held a Retreat to achieve several outcomes: (1) Enhance understanding of each other; (2) Build trust and productive working relationships with each other and staff; and (3) Develop Council values, norms, and principles. The Retreat facilitators were San Jose State University Communications Professor Dr. Shawn Spano and former City and Town Manager Debra Figone. Overall, the Retreat was productive and the Council generated many ideas towards developing values, norms, and principles.
As the Council discussed the values, norms, and principles, Council Members asked the Directors present to share their ideas for values, norms, and principles. There were a few suggestions and the Town Council asked that this input be compiled for a subsequent retreat.
Attachment 1 contains the Directors input.
Also during the Retreat, Council Members also raised “parking lot” issues for future discussion pertaining primarily to communications between Council Member and the public.
Attachment 2 contains a summary of the March Retreat, including a draft of the values, norms, and principles. This document has also incorporated the Directors input into a single set of values, norms, and principles.
Attachment 3 contains an annotated agenda for the September 17, 2022 Retreat. The outcomes for this Retreat are: (1) Review, refine, and commit to the values, principles, and norms from the March 5 Retreat and (2) Clarify the policies, processes, and roles when communicating and engaging with the public. The second item allows the Council to follow up on the “parking lot” issues raised in March. Dr. Spano will be facilitating this Retreat.
PAGE 2 OF 2
SUBJECT: Council Retreat
DATE: September 12, 2022
REMARKS (continued):
Attachment 4 contains the Town Council Code of Conduct Policy for reference. In the discussion of the norms, values, and principles, the Council may discuss how it wishes to memorialize them with options to include them in the Code of Conduct Policy itself or as an appendix to the Policy.
Dr. Spano, staff, and I look forward to supporting the Council with a useful and productive conversation on Saturday.
FISCAL IMPACT:
The Town Council’s work during a Council Retreat has no fiscal impact.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Directors Input to Town Council
2. March 5, 2022 Retreat Summary
3. Annotated Retreat Agenda
4. Town Council Policy 2-04: Town Council Code of Conduct
Director Input to Town Council Retreat
(Collected shortly after the 03/05/2022 Council Retreat) ATTACHMENT 1
Question: What does staff need in its relationships with the Town Council? Responses:
Thank you to the Council for participating in the Retreat, allowing staff to listen, and requesting staff input.
Demonstrate respect for the professional expertise of staff. Provide feedback, heads up, or questions on agenda items prior to a public meeting so staff can best support the Council discussion and decision-making. Clarify positions directly rather than through leading questions of staff. Identify your individual Council needs so the staff can try to meet them. Communicate your unique opinions; staff can work with the variety of Council opinions. Recognize that “gotchas” erode the Council/staff relationship. Thank you to the Mayor for calling on staff to correct the record during a Council meeting.
Know that staff considers the entire Los Gatos community when making its recommendations to Council even when there is vocal opposition by a few.
ATTACHMENT 2
1 Los Gatos Town Council Retreat Summary from March 5, 2022 “How We Work Together” (6/1/22)
Context:
The Los Gatos Council held a facilitated retreat on March 5, 2022. The retreat facilitators were Shawn Spano and Debra Figone. The desired outcomes for the retreat were to 1) Enhance understanding of each other, 2) Build trust and productive working relationships with each other and staff, and 3) Develop Council values, norms, and principles.
The Los Gatos Town Council is fortunate to have a history of good governance. This document attempts to capture what Councilmembers in this process expressed as having been past Council’s practices as well as what is important moving forward.
Thus, it is forward-looking and intended to set expectations for the Town Council’s “culture”, regardless of point in time.
In their pre-retreat interviews with the facilitators and during the retreat discussions, the Town Councilmembers shared their desires for how they work together by expressing the values, norms and principles that are important to them. The ideals underlying these terms overlap and when considered together become the Council’s “social contract” of desired operating characteristics, conventions, and patterns as a governing body.
Per Council’s direction, Directors and upper Town Management identified their expectations of Town Council. Many of the staff ideas overlapped with Town Council values, norms, and principles. These have been organized and integrated together on the following page.
ATTACHMENT 2
2 Los Gatos Town Council’s Values, Norms and Principles:
Be Respectful and Professional –
o Council behavior should always be respectful and professional o Council sets a respectful tone for the community and staff o Respect staff and their expertise
o Expect and practice civility and decorum
o Demonstrate appreciation and value each Council member equally Trust Each Other
o Trust each other and staff
o Give each other the benefit of the doubt
Work as a Team
o Value the partnership between Council, staff, and the community o Demonstrate commitment, work hard, and come prepared
o Treat each other with respect and as members of the same team, even if opinions differ
o Work at building relationships as colleagues on an on-going basis Appreciate Diverse Perspectives
o Bring your diverse views and perspectives to Council discussions o Appreciate the diverse points of view and perspectives of others o Stay open to other points of view before deciding/locking into positions Bridge Differences
o Work at building consensus and compromise; collaborate and bridge differences
o Hold no grudges; do not become polarized
Remain Open, Flexible and Adaptable
o Listen openly to each other, the community, and staff o Remain flexible and adaptable as the environment is always changing o Be responsive
Manage Governing Processes Effectively and Efficiently o Know when there is enough information and move on; avoid excessive information and data requests
Follow Council Policy
o Follow Council policy frameworks or work together to change them through the democratic process
ATTACHMENT 3
AGENDA
Los Gatos Town Council Retreat Two
September 17, 2022
Police Operations Building Emergency Operations Center
10:30 a.m. – 2:00 p.m.
Desired Outcomes
Review, refine, and commit to the Values, Principles, and Norms from the March 5 retreat Clarify the policies, processes, and roles when communicating and engaging with the public Materials
Town Council Retreat Summary (March 5, 2022) – “How We Work Together” Director Input to Town Council Retreat
Town Council Code of Conduct
I. Set Retreat Context
Welcome – Mayor Rob Rennie and Town Manager Laurel Prevetti Preview agenda and format – Facilitator
- Consider again using first names during retreat
Agreements for effective retreat communication:
- Be present and engaged
- Speak freely
- Listen to understand
- Challenge ideas, not the person
- Maximize participation
- Any additional agreements to add?
II. Public Comment
III. Warm Up Exercise - Accomplishments
Councilmembers respond to these prompts:
What do you see as the top or one or two accomplishments from last fiscal year? What is the one accomplishment you are most personally proud of? IV. Council Values, Principles, and Norms
This segment is divided into two parts:
1. Council reviews and discusses the “How We Work Together” document:
- What questions do you have about the values, principles, and norms? Do they capture your individual input and the input from your colleagues at the March 5 retreat?
- What input was collected from the Directors following the first retreat? How was the input integrated into the current version? [Laurel and Shawn will respond] - What questions does Council have for staff about their input? - Is there anything missing, or anything that needs to be added or changed?
2. Council finalizes the “How We Work Together” document:
- What are the next steps to finalize the document?
- Where should the document reside? Should it be integrated into the Town Council Code of Conduct or included as an appendix or attachment? Should it be posted on the Town website? Included in meeting packet materials for the public? Other ideas?
V. Public Communication and Community Engagement
This segment is divided into three parts:
1. Council, first, reviews this “parking lot” topic from the March 5 retreat, and clarifies their interests in addressing it:
What are your interests in addressing public communication and engagement? What outcomes do you want to achieve?
2. Next, Council identifies and discusses the roles, policies, and processes that pertain to public communication as codified in the Town Council Code of Conduct:
What are the roles of Mayor and Councilmembers when communicating to the pubic?
What is the role of staff when communicating to the public? What’s appropriate for individual Councilmembers to share as ideas are forming? How and when do we speak consistently and with one “voice”? --------------------------------------------------------------------------------------------------------------- How and when do we tell our story (e.g., we do a lot of good work, we can be too humble at times, etc.)?
3. Conclude this segment by identifying next steps:
What additional questions or issues need to be addressed? Do you recommend any edits, changes, or additions to the Code of Conduct policies? VI. Wrap Up and Next Steps
Summarize and affirm key points, agreements, and next steps for any outstanding items Mayor Rennie closes the retreat
COUNCIL POLICY MANUAL
TITLE: Town Council Code of Conduct POLICY NUMBER: 2-04 EFFECTIVE DATE: 5/ 3/ 2004 PAGES: 8
ENABLING ACTIONS: 2004-059; 2006-
111; 2021- 047
REVISED DATES: 12/ 17/ 2012; 3/ 3/ 2015;
12/ 17/ 2019; 11/ 2/ 2021
APPROVED:
I. Preamble
The legal responsibilities of the Los Gatos Town Council are set forth by applicable state and federal laws. In addition, the Town Council has adopted regulations, including this Code of Conduct Policy, that hold Council Members to standards of conduct above and beyond what is required by law. This Policy is written with the assumption that Council Members, through training, are aware of their legal and ethical responsibilities as elected officials. These expectations of conduct also apply to all members of the Town’ s Boards, Committee s, and Commissions.
II. Form of Government
The Town of Los Gatos operates under a Council-Manager form of government as prescribed by Town Code, Section 2.30.305. Accordingly, members of the Council are elected at-large, provide legislative direction, set Town policy, and ultimately answer to the public. The Town Manager serves as the Town’ s chief administrative officer and is responsible for directing the day-to-day operations of the Town and implementing policy direction.
III. Town Council Roles and Responsibilities
The role of the Town Council is to act as a legislative and quasi-judicial body. Through its legislative and policy authority, the Council is responsible for assessing and achieving the community’s desire for its present and future and for establishing policy direction to achieve its desired outcomes. All members of the Town Council, including those who serve as Mayor and Vice Mayor, have equal votes.
Members of the Town Council fulfill their role and responsibilities through the relationships they have with each other and the public. Town Council Members should approach their work, each other, and the public in a manner that reflects ethical behavior, honesty and integrity. The commitment of Town Council Members to their work is characterized by open constructive communication, innovation, and creative problem solving.
Small Town Service Community Stewardship Future Focus
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IV. Mayoral and Vice Mayoral Selection Process
Per Town Municipal Code, Section 2.20.035, the selection of the Mayor and Vice Mayor occurs annually at a special meeting in December by majority vote of the Town Council. The Mayor and Vice Mayor serve at the pleasure of the Town Council and may be replaced by a majority vote of the Council.
V. Mayoral and Vice Mayoral Roles, Responsibilities, Relationships The following outlines some of the key roles, responsibilities, and relationships as they relate to the positions of Mayor and Vice Mayor:
Mayor
A. The Mayor is the presiding officer of the Town Council. In this capacity, the Mayor is responsible for developing Council agendas in cooperation with the Town Manager and leading Council meetings.
B. The Mayor recommends various standing committee appointments to the Council for approval. 1This will be done at a Council meeting in December of each year. When making committee recommendations, the Mayor should attempt to balance shared responsibilities and opportunities among Council Members. The Mayor may also appoint citizens to committees not established by Town ordinance or resolution as s/ he deems appropriate.
C. The title of Mayor carries with it the responsibility of communicating with the Town Council, Town Manager, and members of the public. In this capacity, the Mayor serves as the Town “spokesperson” representing the Council in official and ceremonial occasions.
D. As the official Town spokesperson, the Mayor performs special duties consistent with the Mayoral office, including, but not limited to: signing of documents on behalf of the Town, issuing proclamations, serving as the official voting delegate for various municipal advocacy groups, and delivering the State of the Town Address at his or her discretion.2 The Town Council will determine any additional authority or duties that the Mayor shall perform.
E. Special duties consistent with the Mayoral office may be delegated to the Vice Mayor or any other member of the Town Council.
F. In the event that one or more members of a Town Board, Commission, or Committee acts in a manner contrary to approved Board/ Commission policies and procedures, the Mayor may counsel those members about the rules set forth in the Town Commissioner Handbook. 3
1 Council Agenda Format and Rules Policy
2 Council Commendation and Proclamation Policy
3 Resolution 1999-167
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Vice Mayor
A. In the Mayor’s absence, the Vice Mayor shall perform the formal duties of the Mayor.4 B. When the Vice Mayor performs the duties of the Mayor in his/ her absence, the Vice Mayor also carries the responsibility of communicating with the Town Manager, Town Council, and members of the public.
VI. Council Conduct in Public Meetings
To ensure the highest standards of respect and integrity during public meetings, Council Members should:
A. Use formal titles. The Council should refer to one another formally during Council meetings such as Mayor, Vice Mayor or Council Member or Mr., Mrs., or Ms., followed by the individual’ s last name.
B. Practice civility and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of free democracy in action. During public discussions, Council Members should be respectful of others and diverse opinions and allow for the debate of issues.
C. Honor the role of the presiding officer in maintaining order and equity. Respect the Mayor/Chair's efforts to focus discussion on current agenda items.
D. Council decisions should be reserved until all applicable information has been presented.
E. Conduct during public hearings. During public testimony, Council Members should refrain from engaging the speaker in dialogue. Speakers at public meetings will be asked to provide their full name and to state whether they are a resident of the Town of Los Gatos. This information is optional but not required. For purposes of clarification, Council Members may ask the speaker questions. Council comment and discussion should commence upon the conclusion of all public testimony VII. Maintaining Civility at Council Meetings
The public is welcome to participate at Town Council meetings and the Mayor should remind the public of the Town’ s expectations for civility in order for the business of the Town to be completed efficiently and effectively. These expectations include and are not limited to:
A. For the benefit of the entire community, the Town of Los Gatos asks that all speakers follow the Town’ s meeting guidelines by treating everyone with respect and dignity. This is done by following meeting guidelines set forth in State law, in the Town Code, and on the cover sheet of the Council agenda.
B. The Town embraces diversity and strongly condemns hate speech and offensive, hateful language or racial intolerance of any kind at Council Meetings.
C. Town Council and staff are well aware of the public’ s right to disagree with their professional opinion on various Town issues. However, anti-social behavior, slander, hatred, 4 Council Agenda Format and Rules Policy
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and bigotry statements are completely unacceptable and will not be tolerated in any way, shape or form at Town Council meetings.
D. All public comments at the Town Council meeting must pertain to items within the subject matter jurisdiction of the Town and shall not contain slanderous statements, hatred, and bigotry against non-public officials.
E. The Town will go through the following steps if a disturbance results from a member of the public not following these rules:
1. If participating remotely, Town staff may mute the individual with an explanation for the record of why muting occurred consistent with this Policy.
2. If participating in-person, the Mayor may call a recess for violation of this Policy, resulting in the immediate cessation of the audio and video recording and the Council exiting the Chamber. Staff will determine if the individual should be removed or if all members of the public should leave depending on the extent of the disturbance. In the event that all public members exit, only the press would be allowed back in the meeting. Once the individual(s) leave, the Council would return to the Chamber and the Mayor would resume the meeting.
3. Persons disrupting a Council meeting may be cited for violation of the California Penal Code Section 403.
VIII. Legal Requirements
The Town Council operates under a series of laws that regulate its operations as well as the conduct of its members. The Town Attorney serves as the Town’s legal officer and is available to advise the Council on these matters.
A. Training
Biannual training in the following areas shall be provided by staff to Council Members:
1. The Ralph M. Brown Act
2. Town / CA State Law on Conflict of Interest (AB 1234)
3. Government Section 1090
4. Incompatible Offices
5. The Fair Political Practices Commission Forms
6. Bias
7. Town / CA State Law on Harassment ( SB 1343)
B. Procurement
Unless authorized by the Town Council, Council Members shall not become involved in administrative processes for acquiring goods and services.
C. Land Use Applications
The merits of an application shall only be evaluated on information included in the public record. Council Members shall disclose ex parte communication and any information obtained outside of the public record that may influence his/ her decision on a matter pending before the DocuSign Envelope ID: 27F80EC6- 7E2D-4713-B413-5FCF15AFBE6C
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Town Council. Council disclosure shall occur after the Public Hearing section of the agenda, and before Council deliberations.
D. Code of Conduct Policy
Newly elected Council Members are strongly encouraged to sign a statement affirming they have read and understand the Town of Los Gatos Council Code of Conduct Policy.
E. Non-Profit Organizations
Council Members may not sit on boards of directors of non-profit organizations which receive funding or in-kind contributions from the Town, unless the role serves a legitimate Town purpose, such as the League of California Cities, and the participation is approved by the full Council.
IX. Council Participation in Boards, Commissions and Committees, and Reporting Requirements
There are several committees that Town Council Members have been appointed to or have an interest in, including but not limited to: Town Council standing and ad hoc committees, Town boards and commissions, regional boards and commissions, and community-generated committees.
Primary Council representatives should update the Council about board, commission, and committee activities. When serving as the primary Council representative on any board, commission, or committee, Council Members should periodically provide updated reports to the Council during the “Council Matters” opportunity on the Council meeting agenda.
Recommended actions by Council Committees should be reported to the Council. When serving on a Council Committee, whether standing or ad hoc, all work undertaken by the Committee must be directed by the Council, and all recommended actions of a Council Committee shall be reported to the Council.
X. Council Relationship with Town Staff
The Town Council has adopted a Council- Manager form of government. The Town Manager’ s powers and duties are outlined in the Town Code, Section 2.30.295.
Council Conduct and Communication with Town Staff
To enhance its working relationship with staff, Council should be mindful of the support and resources needed to accomplish Council goals. When communicating and working with staff, Council should follow these guidelines:
A. Council Members should treat staff as professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. As with Council colleagues, practice civility and decorum in all interactions with Town staff.
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B. Council Members should direct questions about policy, budget, or professional opinion to the Town Manager, Town Attorney or Department Directors. Council Members can direct questions and inquiries to any staff for information that is readily available to the general public or easily retrievable by staff.
C. The Town Manager and staff are responsible for implementing Town policy and/ or Council action. The processing of Council policy and decisions takes place with the Town Manager and staff. Council should not direct policy/ program administrative functions and implementation; rather it should provide policy guidance to the Town Manager.
D. Council Members should attempt to communicate questions, corrections, and/ or clarifications about reports requiring official action to staff prior to Council meetings.
Early feedback will enable staff to address Council questions and incorporate minor corrections or changes to a Council report, resulting in a more efficient Council meeting discussion; however, this does not preclude Council Members from asking questions at Council Meetings.
E. Council Members should not direct the Town Manager to initiate any action, change a course of action, or prepare any report without the approval of Council. The Town Manager’s responsibility is to advise on resources available and required for a particular course of action as it relates to the direction of the majority of the Council.
F. Council Members should not attend department staff meetings unless requested by the Town Manager.
G. All Council Members should have the same information with which to make decisions.
Information requested by one Council Member will be shared with all members of the Council.
H. Concerns related to the behavior or work of a Town employee should be directed to the Town Manager. Council Members should not reprimand employees.
I. Per California Government Code, Sections 3201-3209, Council Members should not solicit financial contributions from Town staff or use promises or threats regarding future employment.
Although Town staff may, as private citizens with constitutional rights, support political candidates, such activities cannot take place during work hours, at the workplace, or in uniform.
XI. Council Communication with the Public and other Council Members The Public has a reasonable expectation that it may engage its Council Members on matters of community concern. In response, Council Members may express a preliminary opinion on issues or projects raised. Any such preliminary statement shall not constitute a prejudgment or create a presumption of bias on any issue or a project. In addition, Council Members may from time to time express opinions regarding broad policy matters which may be in conflict with currently adopted Council policies. Such statements are permissible if clearly characterized as personal opinion or policy change objectives.
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XII. Enforcement
A. Purpose
The Council Code of Conduct Policy establishes guiding principles for appropriate conduct and behavior and sets forth the expectations of Council Members. The purpose of the policy language is to establish a process and procedure that:
1. Allows the public, Town Council, and Town employees to report Code of Conduct policy violations or other misconduct.
2. Provides guidelines to evaluate Code of Conduct policy violations or other misconduct and implement appropriate disciplinary action when necessary.
B. Procedures
1. Reporting of Complaints
The following section outlines the process for reporting Council Member Code of Conduct Policy violations or other misconduct:
a. Complaints made by members of the public, the Town Manager, and Town Attorney should be reported to the Mayor. If a complaint involves the Mayor, it should be reported to the Vice Mayor.
b. Complaints made by Council Members should be reported to the Town Manager or Town Attorney to adhere to Brown Act requirements.
c. Complaints made by Town employees should be reported to the Town Manager, who will direct them to the Mayor or Vice Mayor.
2. Evaluation of Complaints Alleging Violations
Upon report of a written complaint, the Town Manager and Town Attorney will join the Mayor or Vice Mayor as an evaluation committee to determine the validity of the complaint and, if appropriate, an initial course of action as discussed below. If the Town Manager or Town Attorney is the complainant, the longest serving uninvolved Council Member will replace the Town Manager or Town Attorney on the evaluation committee.
Within seventy-two (72) hours of receipt of the complaint by the Mayor or Vice Mayor, the Council Member in question shall be notified of the reported complaint by the Mayor or his/ her designee. The notification shall include a copy of the written complaint and supporting documentation, if any, the identity of the complainant and nature of the complaint.
3. Unsubstantiated or Minor Violations
If the majority of the Committee agrees that the reported violation is without substance, no further action will be taken. If the reported violation is deemed valid but minor in nature, the Mayor or Vice Mayor shall counsel and, if appropriate, admonish the Council Member privately to resolve the matter. Admonishment is considered to be a reproof or warning directed to a Council Member about a particular type of behavior that violates Town policy.
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4. Allegations of Major Violations
If the reported violation is considered to be serious in nature, the matter shall be referred to outside legal counsel selected by the Committee for the purpose of conducting an initial interview with the subject Council Member. The outside counsel shall report his/ her initial findings back to the Committee.
If the Committee then determines that an investigation is warranted, the Committee shall direct the outside legal counsel to conduct an investigation. The investigation process would include, but is not limited to, the ascertainment of facts relevant to the complaint through interviews and the examination of any documented materials.
5. Report of Findings
At the conclusion of the investigation, outside legal counsel shall report back to the Committee in writing. The report shall either (1) recommend that the Council Member be exonerated based on a finding that the investigation did not reveal evidence of a serious violation of the Code of Conduct, or (2) recommend disciplinary proceedings based on findings that one or more provisions of the Code of Conduct or other Town policies have been violated. In the latter event, the report shall specify the provisions violated along with the facts and evidence supporting each finding.
The Committee shall review the report and its recommendations. If the consensus of the Committee is to accept the report and recommendations, the Committee shall implement the recommendations. Where the recommendation is exoneration, no further action shall be taken.
Where the recommendation is to initiate disciplinary proceedings, the matter shall be referred to the Council. Where there is no consensus of the Committee regarding the recommendations, the matter shall be referred to the Council.
The subject Council Member shall be notified in writing of the Committee’s decision within 72 hours. Where the decision is to refer the matter to the Council, a copy of the full report, including documents relied on by the investigator shall be provided with the notification, and a copy of both shall be provided to the whole Council.
6. Proceedings
Investigative findings and recommended proceedings and disciplinary action that are brought forward to Council as a result of a significant policy violation shall be considered at a public hearing. The public hearing should be set far enough in advance to allow the Council Member in question reasonably sufficient time to prepare a response.
Investigative findings shall be presented to the Town Council at a public hearing. The rules of evidence do not apply to the public hearing. It shall not be conducted as an adversarial proceeding.
DocuSign Envelope ID: 27F80EC6- 7E2D-4713-B413-5FCF15AFBE6C
TITLE: Town Council Code of Conduct PAGE:
9 of 9
POLICY NUMBER:
2-04
C. Disciplinary Action
1. Considerations in Determining Disciplinary Action
Disciplinary action may be imposed by Council upon Council Members who have violated the Council Code of Conduct Policy. Disciplinary action or sanctions are considered when a serious violation of Town policy has occurred by a Council Member. In determining the type of sanction imposed, the following factors may be considered:
a. Nature of the violation
b. Prior violations by the same individual
c. Other factors which bear upon the seriousness of the violation
2. Types of Sanctions
At the discretion of the Council, sanctions may be imposed for violating the Code of Conduct or engaging in other misconduct. These actions may be applied individually or in combination.
They include, but are not limited to:
a. Public Admonishment – A reproof or warning directed to a Council Member about a particular type of behavior that violates Town policy.
b. Revocation of Special Privileges – A revocation of a Council Member’s Council Committee assignments, including standing and ad hoc committees, regional boards and commissions, and community-generated board/ committee appointments. Other revocations may include temporary suspension of official travel, conference participation, and ceremonial titles.
c. Censure – A formal statement or resolution by the Council officially reprimanding a Council Member.
APPROVED AS TO FORM:
Robert Schultz, Town Attorney
DocuSign Envelope ID: 27F80EC6- 7E2D-4713-B413-5FCF15AFBE6C