Overview of the
Legislative Body
Oakland City Council Orientation
January 11, 2023
Agenda
City Structure/Charter
City Council Priorities
Council Meeting Procedures and Legislative Process
City Relationships
Ethics And Civil Rights Compliance
1. 2.
3. 4.
5. City Structure/Charter
In 1852, the City of Oakland was established by act of State Legislature
In 1931, Oakland established a council-manager system of governance, which it maintained until the passage of
Measure X in 1998
Since 1998, the City of Oakland has had a Mayor-Council form of government
Mayor directly elected, leads Administration
City Council serves as main legislative body
City Attorney and City Auditor directly elected
City Administrator appointed by Mayor
a.
b.
c.
d.
History
City Structure/Charter
The authority, duties and responsibilities of the
City’s elected and appointed officials are
established in the City Charter, which provides
the legal framework for City government.
City Officials
City Structure/Charter
City Officials
Mayor
The Mayor is elected at-large for a four-year term and can be re-elected only once (Charter Section 302). The Mayor oversees the executive branch of government and appoints the City Administrator, subject to confirmation by the City Council (Charter Section 305). The Mayor is not a member of the City Council, but they may cast a tie-breaking vote in the event of a deadlock (Charter Section 200).
City Structure/Charter
City Officials
Mayor
Submit a biannual budget, prepared by the City Administrator, to the City Council.
Recommend measures and legislation for consideration by the City Council.
Encourage programs for the physical, economic, social and cultural development of the City.
Actively promote economic development to broaden and strengthen the commercial and employment base of the City.
Appoint members to boards and commissions.
Represent the City in inter-governmental relations.
It is the Mayor’s responsibility to:
City Structure/Charter
City Officials
City Council
The City Council is the legislative body of the City and is comprised of eight Councilmembers (Charter sections 200 and 207). One Councilmember is elected at-large, and the other seven Councilmembers represent specific geographic districts (Charter section 203). All Councilmembers are elected to serve four-year terms (Charter section 204). Each year the Councilmembers elect one member as President of the Council and one member to serve as President Pro Tempore (Charter section 208). The City Council has no administrative powers (Charter section 207).
City Structure/Charter
City Officials
City Council
Serve as the governing body of the City (Charter section 207) Make City policy and gives general policy direction to departments through the City Administrator or Mayor (Charter section 207)
Vote on ordinances and resolutions (Charter section 210) Adopt a budget (Charter sections 207 and 305)
Serve as the Redevelopment Agency Board of Directors
It is the role of the City Council to, among other things:
City Structure/Charter
City Officials
City Attorney
The City Attorney is elected at-large for a four-year term and serves as legal counsel for the municipal corporation (Charter sections 401(3) and 401(6)).
City Structure/Charter
City Officials
City Attorney
Provide legal services, advice and representation to elected officials, City Administration, boards, commissions or other agencies of the City.
Draft ordinances, resolutions, contracts and other legal documents.
Defend the City against claims and lawsuits.
Initiate lawsuits on behalf of the City.
The City Attorney’s duties are to (Charter section 401(6)):
City Structure/Charter
City Officials
City Auditor
The City Auditor is elected at-large for a four-year term. They help to ensure that City operations are effective and efficient, and acts as a deterrent to fraud, waste and mismanagement of City resources (Charter Section 403).
City Structure/Charter
Performs financial audits and reviews of records, procedures and activities of City departments
Prepares impartial financial analyses of all ballot measures and proposed major expenditures
Conducts performance audits of City departments
Provides assistance to City departments to enhance the effectiveness, efficiency and economy of their operations
The City Auditor:
City Structure/Charter
City Officials
City Auditor
City Officials
City Clerk
The City Clerk is appointed by the City Administrator, subject to confirmation by the City Council (Charter Section 402).
City Structure/Charter
City Officials
City Clerk
Keep an accurate public record of all adopted ordinances, resolutions, motions and minutes
Ensure that other City records are readily accessible to the public Prepare legislative agendas, verify the posting or publication of legal notices and schedule public hearings
Conduct elections and assist candidates in meeting their legal responsibilities before, during and after an election
Administer oaths.
The City Clerk’s duties are to:
City Structure/Charter
City Officials
City Administrator
The City Administrator is appointed by the Mayor, subject to confirmation by the City Council (Charter section 500). Responsible for the day-to-day administrative and fiscal operations of the City, the City Administrator directs City agencies and departments to ensure the goals and policy directives of the Mayor and City Council are implemented (Charter sections 503 and 504). The Office of the City Administrator works hand in hand with the Mayor’s Office to deliver services and programs to the community. The City Administrator takes direction from the Mayor (Charter section 305).
City Structure/Charter
Enforce all laws, ordinances and policies of the Council Make recommendations to the Council concerning City affairs Control and administer the financial affairs of the City and keeping the Council apprised of these affairs
Prepare a biannual budget under the direction of the Mayor and Council.
Make recommendations to the Council about public contracts and see that the conditions of contracts are faithfully performed
Coordinate all projects, policies, and directives assigned to the City Administrator by the Council.
It is within the City Administrator's responsibility to:
City Structure/Charter
City Officials
City Administrator
Council/Administration Relations
Mayor gives direction to City Administrator (Charter section 305) City Council acts via ordinance, resolution, or motion (Charter section 210)
City Administrator must attend City Council meetings and executes City Council policy (Charter section 504)
City Council has no administrative authority, and cannot interfere with administrative affairs (Charter Sections 207 and 218. see also Administrative Instruction 597)
City Structure/Charter
Tracking Council Priorities
City Administration tracking City Council Policy Directives on City website
City Administration enhancing use of Legistar to better track Council direction that comes via legislation or motion
City Administration drafted Council/Administration interaction protocols City Administrator (and other Administration leaders) seek to meet regularly with City Councilmembers
City Structure/Charter
FY 2021 - 2023
Council Strategic Priorities
Affordable Housing &
Homelessness Solutions
Protection/Prevention — protect tenants and low-income property owners, prevent homelessness
Preservation — preserve affordable housing
Production — produce deeply affordable housing
House unsheltered residents — lease/purchase hotels; utilize public land for emergency shelter, safe parking sites, transitional housing and permanent deeply affordable housing
Service encampments with outreach and supportive services, and health and sanitation services
1. 2.
3. 4.
5. City Council Priorities
Public Safety & Violence
Prevention
Take action on the recommendations of the Reimagining Public Safety Task Force to increase public safety through alternative responses to calls for service and investments in the root causes of violence/poverty Reduce gun violence and focus on violent crime, including increasing investigation capacity
Increase violence prevention, trauma-informed care and healing Develop and implement alternative responses to police, such as MACRO Implement and expand Crime Prevention through environmental design for crime prevention and traffic calming
1. 2.
3. 4.
5. City Council Priorities
Good Jobs and
Vibrant Economy
Create and maintain family-sustaining jobs
Enhance workforce development and training, and youth jobs programs Support small businesses, addressing racial and gender disparities, and enhancing business districts
Fully staff City Departments by improving recruitment, filling vacancies and increasing both succession planning and retention
1. 2.
3. 4.
City Council Priorities
Clean, Healthy, Sustainable
Neighborhoods
Reduce and prevent illegal dumping, litter and blight, including proactive service and reducing the backlog of abandoned autos
Ensure safe and well-maintained streets and sidewalks
Invest in parks, libraries, youth development, senior services, arts & culture Expand wildfire prevention and disaster preparedness/response
1. 2.
3. 4.
City Council Priorities
Council Meeting
Procedures and
Legislative Process
Council Rules of
Procedure
Nikki Fortunato Bas
District 2 Councilmember
Oakland City Council
Council Rules of Procedure
City Charter Section 210 mandates Council establish Rules of Procedure for conduct of meetings and order of business.
Resolution No. 87044 CMS (2018) as amended by Temporary Rules Of Procedure in Resolutions No. 88113 CMS (2020), 88266 CMS (2020) and 89432 CMS (2022), and by Resolution No. 88785 CMS (High Stakes Negotiations, 2021).
Council Meeting Procedures and Legislative Process
Council Rules of Procedure
Overview
Establish place and time of regular meetings
Establish Committees and their powers and procedures
Create positions of Council President and President Pro Tempore Establish Procedures at Council meetings
Establish Mayor’s powers during Council recess
Require approval of contracts by resolution or ordinance Establish Code of Conduct for Councilmembers and Censure Policy & Procedure
Rules of Procedure, among other things:
Council Meeting Procedures and Legislative Process
Council Rules of Procedure
Rule 1 – Council conducts meetings in accordance with Roberts Rules of Procedure, except as modified by these Rules and open meeting laws Rule 4 – Standing Committees and meeting times. Under Temp. Rules during COVID, Committees meet on 2nd & 4th Mondays & Tuesdays. Proposed Rules would go back to pre-COVID meeting schedule with five Committee meetings on Tuesdays and keeping Rules Committee on Thursdays.
Rule 5 – Actions by Committees (to be reviewed under Legislative Process) Amended and Re-instated Rules will be considered at Rules & Legislation Committee meeting on January 19th - See resolution on Legistar (bit.ly/3Wu2Can) Council Meeting Procedures and Legislative Process
Council Rules of Procedure
Rule 6 – Election of Council President and Powers/Duties Rule 7 – Order of Business at Council meetings
Rule 8 – Actions and Procedures at City Council
Temp. Rules under COVID: Regular Council meetings on 1st & 3rd Tuesdays at 1:30pm via Zoom
Proposed Rules: Regular Council meetings would be on 1st & 3rd Tuesdays at 4pm in Council Chambers at City Hall with hybrid option for public to participate via Zoom. Non-consent items would be heard no earlier than 5pm. (Actions to be reviewed under Legislative Process)
Rule 11 – Ten minute limit for Councilmembers speaking on any item Council Meeting Procedures and Legislative Process
Council Rules of Procedure
Rule 12 – City Clerk manages process for public speakers and public comments.
Proposed Rules would go back to allowing comments on each agenda item, and ability to cede time on non-consent items.
Rule 14 – Time limits for public speakers. Currently, speakers may speak up to 2 minutes during public comment at beginning of meeting. Proposed Rules would allow for more opportunities to comment on agenda, up to a certain amount of time if signed up to speak on multiple items
Rule 15 – Presiding officer’s role regarding public speakers. May refuse the floor to any person and rule them out of order if: (1) speaking beyond allotted time, (2) remarks are not relevant to agenda item or (3) remarks are disruptive, abusive or constitute hate speech
Council Meeting Procedures and Legislative Process
Council Rules of Procedure
Rule 16 – Appointments to boards and commissions require Council confirmation.
Appointments by Mayor to Planning Commission; Port Commission; Housing, Residential Rent & Relocation Board; and Police Commission first considered by Rules & Legislation Committee
Rule 20 – Annual recess is August 1 through 31 of each year, or until first meeting in September
Rule 21 – Actions during recess authorized by Mayor
Clearly set forth reason(s) why approval cannot be deferred for Council approval; contract approvals must conform with & be limited to requirements of City's purchasing ordinance; not authorized to take any actions for which the adoption of ordinance is required; approvals limited to authorizations within previous adopted budgeted amounts Council Meeting Procedures and Legislative Process Council Rules of Procedure
Rule 23 – Jurisdiction of Rules & Legislation Committee Make recommendations endorsing or opposing propositions Monitor and recommend local, state & federal legislative action and submit Annual Legislative Agenda to Council
Set special meetings of Council, Standing Committees, and ad hoc committees Rule 24 – Rules & Legislation Committee Powers
Assign and schedule items to: standing committee, to requestor to refine item with City Administrator (CAO) and/or City Attorney (OCA), directly to Council with specified reason Establish Consent and Non-Consent Calendars
Place urgent item on supplemental agenda of regular Council meeting or special Council meeting agenda, if no committee action taken on item
Council Meeting Procedures and Legislative Process
Council Rules of Procedure
Rule 25 – High stakes negotiations
Representatives shall receive Council authorization prior to casting vote(s) on behalf of City on any matter which could have a significant economic or policy impact on the City, or on any matter of particular controversy.
“High-Stakes” negotiations/transactions shall be defined as any negotiations or transactions by a board, commission, agency, joint powers authority, etc. with Council appointed Councilmember, Mayor or City official delegates or alternates involving: licenses, leases, contracts or other transactions that could or will have an economic impact of $1 million or higher on the City or a significant policy impact or a matter of particular controversy.
Revenue matters are exempt from Rule 25
Council Meeting Procedures and Legislative Process
Council Rules of Procedure
Rule 26 – Procedure for Councilmember to Place Items on an Agenda (proposed new rule) Councilmembers, City Staff, City Attorney, and Mayor shall make all reasonable efforts to submit new proposals to an appropriate Standing Committee, rather than submitting proposal directly to City Council, and are expected to plan accordingly.
Councilmembers who intend to make a motion to substantively modify legislation during a meeting should discuss their proposed modification with City staff and/or City Attorney prior to the meeting, to allow for adequate input and advice.
Requests for informational reports minimized and consistent with Council-Approved Meeting Calendar -- due dates for reports to City Administrator (4 weeks before meeting), reports to Clerk and agenda distribution (10 days before meeting).
Council Meeting Procedures and Legislative Process
Council Rules of Procedure
Legal and Fiscal Review of Ordinances and Resolutions
Advisory Resolutions. Draft titles to City Attorney at least two (2) full working days prior to scheduling deadline. Substantive draft of Resolution to City Attorney at least two (2) full working days prior to deadline for submitting legislation to Clerk.
Ordinances and Non-Advisory Resolutions. Substantive drafts to City Attorney & City Administrator at least three (3) weeks prior to scheduling to facilitate legal & fiscal review prior to scheduling.
If sponsor unable to comply with guidelines because legislation requires immediate & urgent consideration, notice must be given to City Attorney & City Administrator as early as possible, and Rules Committee may schedule item only if committee determines that item should be scheduled for specified reason, stated on the record.
Council Meeting Procedures and Legislative Process
Council Rules of Procedure
Sponsors of legislation shall submit a memorandum or report, substantially in the format of and including information in Agenda Report Template, and shall do so no later than deadline for submitting legislation to Clerk.
Rule 28 – Procedure to add/remove agenda items
To add/remove items after Rules has meet and before an agenda is published, or when there is no intervening Rules meeting to add/remove item, Sponsor must request and receive authorization from: Rules Chair, Council President and either Mayor and/ or City Administrator; for Standing Committee agendas, authorization must also be received from committee’s chair. Requests must be emailed to the City Administrator by 12pm the day before agenda publication.
Council Meeting Procedures and Legislative Process
Council Rules of Procedure
Rule 29 – Tie Breaking Votes by Mayor
If Councilmembers are evenly divided in their vote on an item, the Mayor will break the tie. For the purposes of determining whether Mayor is eligible to cast a tie-breaking vote, abstentions and absences shall count as a “No” vote, but a legally-required recusal shall not count as a “No” vote.
Rule 30 – Resolution or ordinance required to approve contracts Council Meeting Procedures and Legislative Process
Council Rules of Procedure
Rule 31 - Code of Conduct
Respect and adhere to the American ideals of government, the rule of law, the principles of public administration and high ethical conduct in the performance of public duties.
Represent and work for the common good of the City and not for any private interest.
Refrain from accepting gifts or favors or promises for future benefits which might compromise or tend to impair independence of judgment or action.
Provide fair and equal treatment for all persons and matters coming before the Council.
Each member of the City Council has a duty to:
1. 2.
3. 4.
Council Meeting Procedures and Legislative Process
Council Rules of Procedure
Rule 31 - Code of Conduct (continued)
Council Meeting Procedures and Legislative Process
Learn and study the background and purposes of important items of business before voting, including reviewing agendas and agenda materials, and reading eComments, sufficiently in advance of meetings to allow for consultation and coordination with other Councilmembers, staff, legal counsel, and/or members of the public as permitted by law.
Faithfully perform all duties of office.
Refrain from disclosing any information received confidentially concerning the business of the City or received during any closed session of the Council held pursuant to state law.
Decline any employment incompatible with public duty.
5. 6.
7. 8.
Council Rules of Procedure
Rule 31 - Code of Conduct (continued)
Council Meeting Procedures and Legislative Process
Refrain from abusive conduct, personal charges or verbal attacks upon the character, motives, ethics or morals of other Councilmembers, staff or public, or other personal comments not germane to the issues before the Council.
Listen courteously and attentively to all public discussions at Council meetings and avoid interrupting other speakers, including other Councilmembers, except as may be permitted by established Rules of Order.
Faithfully attend all sessions of the Council unless unable to do so because of disability or some other compelling reason; and inform, as soon as possible, the Council President or Committee Chair when unable to attend a scheduled meeting, or needing to arrive late or leave early.
9. 10.
11. Council Rules of Procedure
Rule 31 - Code of Conduct (continued)
Council Meeting Procedures and Legislative Process
Maintain the highest standard of public conduct by refusing to condone breaches of public trust or improper attempts to influence legislation, and by being willing to censure any member who negligently, willfully or intentionally violates the rules of conduct contained in this Rule 31
Abide by federal and state law, the City Charter, City legislation and City Council policies.
12. 13.
Council Rules of Procedure
Rule 32 – Censure of Councilmembers
Council Meeting Procedures and Legislative Process
Censure Policy
Censure is a formal resolution of the City Council officially reprimanding one of its members. Censure serves to formally put a censured councilmember on notice of the Council's disapprobation of conduct that has violated laws or policies, but carries no fine or suspension of the rights of the member as an elected official. Censure is an appropriate punitive measure when the violation of law or policy is deemed by the City Council to be a serious offense.
Council Rules of Procedure
Rule 32 – Censure of Councilmembers
Council Meeting Procedures and Legislative Process
Request to schedule a “censure” hearing by member of Council Censure resolution setting forth specific charges and grounds Censure hearing
Decision to censure must be made by resolution and based on conduct found to have been negligent, willful or intentional. Decision to censure requires five (5) votes of Council adopting a resolution: 1) finding there is substantial evidence in the record to support the specific charges alleged, 2) finding that the conduct supporting the censure was negligent, willful or intentional, and 3) approving censure.
Censure Procedure
Legislative
Process
Asha Reed
City Clerk
City Clerk's Office
Council Meeting Procedures and Legislative Process
“…it is a government's duty to serve the public,
and in reaching its decisions, to accommodate
those who wish to obtain information about or
participate in the process.”
The Sunshine Ordinance (Title 2, Chapter 2.20) in 1997
Legislative Process
Legislative Workflow established 1985 modified in 2001 by vote of the Council
Alignment with the City’s Sunshine Policy of 1991 and the State Brown Act Extends opportunities for public participation so that the City’s receives thoughtful feedback
Affords opportunities for change management of policy proposals Modeled after the California State Legislature
Council Meeting Procedures and Legislative Process
Legislative Process
Legislative Workflow Scope
The authorities of the governing bodies, Administration, City Attorney, Clerk, and Council President, etc.
The permitted actions that may be taken on legislative matters by the governing bodies and members.
The deadlines when which to make agendas available to the City Council and public.
The details that set forth the elements of agenda reports The information that contributes to the City Council’s and public’s understanding of the matter of interest and aid in the ability to track the matters.
The City’s legislative workflow covers wide ranges of authority.
Council Meeting Procedures and Legislative Process
Legislative Process
Legislative Workflow Rules
City of Oakland’s Sunshine Ordinance (12463, 12483, 12668) Council’s Rules of Procedures (87044 CMS)
Ralph M. Brown Act
Charter of the City of Oakland
Maddy Act*
Robert’s Rules of Order
Various Other Government Codes**
Other Council Resolutions and Ordinances, i.e. Consolidated Fiscal Policy, etc. * In Limited Form
** Publication and other notification codes Council Meeting Procedures and Legislative Process Legislative Process
Types of Legislative Matters
An “Informational Report” informs and allows Council to provide follow up instructions, but does not permit operational or policy approval. “Reports and Recommendations” seek to inform and direct staff to perform development work and return with a proposal for policy or legislation. “Resolutions” permit policy changes; approval of programs; release, pursuit, and acceptance of funds; authorize contracts and agreements, etc. “Ordinances” change legal requirements; provide for changes to fee structures, change organizational structure, when applicable, also authorize contracts and agreements, etc.
Council Meeting Procedures and Legislative Process
Legislative Process
Routing Agenda Items
Internal Department Review
External Multi-Departmental Review : City Attorney, Budget, HR, Other affected depts.
City Administrator’s Review *
Scheduling at Rules Committee
Discussion at Committee and/or
Discussion/Action at Council
* Members of the Council are not subject to the authority of the administration per the City Charter
Council Meeting Procedures and Legislative Process
Legislative Process
Routing Diagram
Council Meeting Procedures and Legislative Process
Staff author writes
report
Report reviewed &
edited by Supervisor
Report/legislation
submitted to
Attorney & Budget
Attorney & Budget
vet/approve title for
scheduling
CAO sends edits to
Staff, revisions
incorporated
CAO approves
scheduling request
Report packet and
transmittal
submitted to CAO
Attorney & Budget
review & provide
feedback
Attorney vets items
scheduled by the
Rules Committee
Staff gets signatures
on
reports/legislation
City Administrator
gives final approval &
signature
City Clerks office
publishes Agenda
Legislative Process
The Scheduling Committee
The Rules and Legislation Committee is the
scheduling body. The Rules and Legislation
Committee has jurisdiction to assign all
agenda items to Committees or full Council.*
* If Rules Committee doesn’t meet, items are
scheduled by Rule 28 of Council’s Rules of
Procedures
Council Meeting Procedures and Legislative Process
Legislative Process
Rules and Legislation Committee Authority
Council Meeting Procedures and Legislative Process
One or more members of the City Council, a committee of the City Council, the Mayor, the City Administrator, City Attorney, City Auditor and any member of the public may propose an agenda item
Can assign and schedule to: a. to a subject-matter committee, or b. to staff for review and report back to the requestor, or c. directly to City Council pursuant to “3” below.
Shall not refer any action item directly to the full City Council unless the Committee determines by a majority vote of those present that the item should proceed directly to the City Council for a specified reason.
Shall assign and schedule any informational item for consideration and acceptance either by a committee or directly by the full Council.
1. 2.
3. 4.
Legislative Process
Rules and Legislation Committee Authority
Council Meeting Procedures and Legislative Process
Shall have sole authority in establishing specific agenda items to be placed on the agenda. Rules and Legislation Committee shall establish the consent and non-consent agenda items ofthe City Council agenda.
Shall have the power to place an item that is urgent on the supplemental agenda for a Council meeting agenda if no action was taken on the item (1) due to the cancellation of a committee meeting, (2) due to lack of a quorum, (3) because the committee ran out of time, or (4) because the committee was not able to approve any recommended action and the Committee passes a motion by the affirmative votes of the majority of the members who are present.
5. 6.
Legislative Process
Standing Committee Meetings
Council Meeting Procedures and Legislative Process
Finance and Management Committee – Monday preceding 2nd and 4th Tuesdays at 10:30am
Public Safety Committee – Monday preceding 2nd and 4th Tuesday at 1:30pm Life Enrichment Committee – Monday preceding 2nd and 4th Tuesday at 4:30pm Public Works Committee – 2nd and 4th Tuesday at 10:30am Community and Economic Development – 2nd and 4th Tuesday at 2pm Rules and Legislation Committee* - Thursday Committee – Every Thursday at 10:30am *Super committee
Legislative Process
Standing Committee Purview
Finance and Management – General management, financial revenue and expenditure reporting, administrative operations, etc.
Public Works Committee – Public infrastructure, transportation, streets, potholes, sewers, etc.
Community and Economic Development Committee – Housing, Economic Development, Workforce Development, General Planning, Zoning, etc.
Life Enrichment Committee – Health and Human Services, Library Services, Department of Race and Equity, Parks and Recreation, Cultural Affairs * Public Safety Committee – Police, Fire, Health and Human Services, Department of Violence Prevention
Rules and Legislation Committee – Scheduling Body, Authority over the Rules, Review of Assembly/Senate Bills, Ballot Measures of the City Council, General Oversight to the Offices of the City Administrator, City Clerk, and City Attorney
Council Meeting Procedures and Legislative Process
Legislative Process
Action by Subject Matter Committees
Council Meeting Procedures and Legislative Process
The Committee Chair shall develop with staff the schedule to hear items to be confirmed by a majority of the Committee
The Committee may, by a vote of the majority of the members present, decide to postpone, continue or table an item on the agenda
On any item on an agenda, the Committee Chair may allow for an informational presentation by City staff relating to the item
Each Committee shall review the minutes of its previous meeting, make corrections to mistakes, ifany, and approve the minutes by majority vote of the members present.
The assigned subject matter committee shall have initial jurisdiction over any item assigned to it by the Rules Committee and may take any of the following actions with respect to the assigned item:
1. 2.
3. 4.
Legislative Process
Subject Matter Committees - Action Items
Council Meeting Procedures and Legislative Process
Approve the recommendation of staff or the originator of the proposed action item and forward the recommendation onto the full Council
Fail to approve the recommendation and not forward to the full City Council (*see following exception)
Approve alternative recommendations(s) and forward to City Council Reject jurisdiction – refer to Rules for reassignment to committee Request additional information from staff/originator
After discussion and consideration of the item, committee may take one of the following actions:
1. 2.
3. 4.
5. Legislative Process
Subject Matter Committees - Action Items
Council Meeting Procedures and Legislative Process
due to the cancellation of a committee meeting
due to lack ofa quorum
because the committee ran out of time
because the committee was not able to approve any recommended action and the Committee passes a motion by the affirmative votes of the majority of the members who are present requesting that the Rules Committee schedule the item for a Council meeting.
*The Rules and Legislation Committee shall have the power to place an item that is urgent on the supplemental or special Council meeting agenda, if no action was taken on the item:
1. 2.
3. 4.
Legislative Process
Subject Matter Committees - Informational Items
Council Meeting Procedures and Legislative Process
Receive the informational report by majority vote of those present without forwarding the report to the full City Council;
Receive the informational report and forward the report onto the full City Council by majority vote of those present;
Request by motion and second more specific information from staff or the originator of the proposed informational item. The item may be continued or rescheduled for further consideration at the soonest feasible date available, allowing time for appropriate notice pursuant to the Sunshine Ordinance.
After discussion and consideration, committee shall take one of the following actions:
1. 2.
3. Action Items
Legislative Process
Action by Subject Matter Committees
Informational Items
Not Approved Approved Continued/
Deferred
Scheduled to
Council
Returns to
Committee
Received &
Filed Received &
Forwarded Continued
Scheduled to
Council
Returns to
Committee
Legislative Process
Possible Delays
Council Meeting Procedures and Legislative Process
Substantive Change – Action Items
Amendments beyond the scope of what was noticed which require notice (10 day posting) on a future Council agenda
More Information Is Necessary
More information must be prepared for further discussion and brought back to Committee/Council
Body Fails To Act; Requests Reassignment
The body determines the item is not under the purview of the committee and requests for Rules to reassign
Meeting Cancellation
The above delays could extend approval 2 or more weeks.
Legislative Process
Actions of the City Council
Council Meeting Procedures and Legislative Process
On any action item, the City Council may, by the requisite number of votes:
Approve the Committee's recommendation, select one of the Committee's suggested alternatives or approve an alternative recommendation proposed at the full Council in compliance with the Brown Act and Sunshine Ordinance; By a majority of the Council members present, continue the item to the next regular Council meeting if permitted by Sunshine Ordinance and Brown Act; By a majority of the Council members present, refer the item to any subject- matter Committee for reconsideration; or
With respect to an item that the Rules Committee referred directly to Council, the Council may take any action subject to the Brown Action and the Sunshine Ordinance.
a.
b.
c.
d.
Legislative Process
Actions of the City Council
Council Meeting Procedures and Legislative Process
On any agendized informational report, the City council may receive the report either by oral presentation by staff or as written.
The City Council may choose to NOT take action on any agenda item .
Legislative Process
Council Adoption
Council Meeting Procedures and Legislative Process
Action items require a majority vote by the full Council, for passage or approval.
Resolutions require one reading
Ordinances* (Regular) require two readings — an introduction and final passage.
Resolutions and regular Ordinances require 5 Ayes for passage Other ordinances such as Urgency or Emergency Ordinances require specific findings and may be adopted with only 1 reading
Charter section 213 and government code 65858
Reports with Recommendations require one reading
Requires 4 Ayes for passage, without a tie vote
Legislative Process
How can I access agenda materials?
Council Meeting Procedures and Legislative Process
Agenda materials are published and
finalized on Fridays, and can be
accessed on the Insite Calendar or
via iLegislate .
https://oakland.legistar.com/calendar.aspx
Legislative Process
Final Legislation
Council Meeting Procedures and Legislative Process
Once legislation is adopted, it goes through final
processing. This process takes about 7 days to
complete.
Legislation is given an enactment number, scanned
and posted online, and sent to the Record’s division
to be stored in the vault as a permanent City record.
Final Legislation, Agenda Reports and Past Meeting
details can be found here.
https://oakland.legistar.com/calendar.aspx
Legislative Process
The Agenda Management Team
[email protected]
Council Meeting Procedures and Legislative Process
Jennifer Wood
Winne Woo
Office of the City Administrator
Analyst
Office of the City Clerk
Assistant City Clerk
Britney Davis
Legislative Recorder
Ajanee Landingham
Candice Parker-Trigg
City Relationships
City Boards and Commissions
City Relationships
City has established numerous Boards and Commissions, some via the Charter, others via Council legislation
Some (e.g., Police Commission, Planning Commission) have significant authority
Others (e.g., various oversight bodies) are advisory to the Mayor and City Council
Many appointments to these bodies require City Council
approval
External Boards and Commissions
City Relationships
City has membership on or other relationships to local, regional, and state bodies
Memberships include: Metropolitan Transportation Commission, Association of Bay Area Governments, Alameda County
Transportation Commission, Alameda County Waste Management Authority, East Bay Regional Communications System Authority Other relevant regulatory agencies include Bay Conservation and Development Commission, Bay Area Air Quality Management District, Regional Water Quality Control Board
External Boards & Commissions (12/27/22)
External Boards & Commissions (12/27/22)
External Boards & Commissions (12/27/22)
Port of Oakland
City Relationships
Established in 1927 as a department of the City
Charter (Sec 700) grants the Port significant autonomy from the City
Governed by a seven-member Board of Commissioners, appointed by the City Council upon nomination by the Mayor
Operates the City’s seaport and airport
Controls “Port Area”, which covers much of Oakland’s waterfront Alameda County
City Relationships
Responsible for
Healthcare Services (public health, behavioral health,
environmental health)
Social Services
Justice Services (DA, Public Defender, Sheriff)
Oakland representation
District 3, Central Oakland, airport – Lena Tam
District 4, East Oakland – Nate Miley
District 5, North and West Oakland – Keith Carson
State and Federal
City Relationships
Legislative agenda set each year by City Council
City Council can take action to support or oppose specific state or federal legislative proposals
City contracts with public affairs firm to represent the City in Sacramento and Washington
Executive branch engagements managed through Mayor’s Office Oakland representation
State Assembly – 14th (Wicks) and 18th (Bonta) districts State Senate – 9th (Skinner) district
Congress – 13th (Lee) district
Ethics &
Civil Rights Compliance
City Auditor
Building Public Trust Through Good
Governance
Suzanne Doran, Acting Executive Director
Jelani Killings, Ethics Analyst
Public Ethics Commission
Public Ethics
Commission
Public Ethics Commission
Mission and Role
Be aware of government ethics laws
Spot ethical issues (yellow flags) when
they arise
Know where to go for help
Serve as a conduit to promote ethical
service
Our goal is to help you:
Ethics & Civil Rights Compliance
Public Ethics Commission
Public Office is a
Public Trust
City staff and officials are empowered
and entrusted by the public to use City
time, money and property in a legal and
responsible manner.
Ethics & Civil Rights Compliance
CAMPAIGN FINANCE TRANSPARENCY ETHICS
Oakland Campaign
Reform Act
Fair Elections Act
Sunshine Ordinance
Lobbyist
Registration Act
Government
Ethics Act
Conflict of Interest
Code (Form 700)
Public Ethics Commission
Local Ethics and Transparency Laws
Ethics & Civil Rights Compliance
Public Ethics Commission
Ticket Distribution Policy
Governs the distribution of tickets by
all departments and offices of elected
officials
Ensures that tickets, which are City
resources, are appropriately
distributed to Public Servants or non-
City individuals for City purposes
Ethics & Civil Rights Compliance
Public Ethics Commission
Campaign Activity by Officeholders
City resources cannot be used for
any campaign-related activities
Organizing, coordinating, planning
or otherwise setting-up campaign
meetings or events using City
property such as telephones or City
offices is prohibited.
Ethics & Civil Rights Compliance
Ethics & Civil Rights Compliance
The law is a floor, not the ideal.
Public perception matters.
Public Ethics Commission
1st 30 Days Ethics Checklist
Ethics & Civil Rights Compliance
Watch the Public Ethics Commission’s Introduction to the Oakland Government Ethics Act Video
File Form 700 – Statement of Economic Interests
Take the state’s online AB1234 Ethics Training for local officials* Take the Public Ethics Commission’s online Government Ethics Training for Form 700 Filers on the City’s NEOGOV LEARN platform*
Review the PEC’s ethics resource binder and included policies with staff Ask the Public Ethics Commission for advice or assistance
1. 2.
3. 4.
5. 6.
*Must be completed every two years
Public Ethics Commission
Ethics Resources
Ethics & Civil Rights Compliance
The PEC Ethics Resource Binder provides elected officials with an ethics checklist, fact sheets, FAQ, and additional resources to assist with compliance of ethics and transparency laws.
https://www.oaklandca.gov/documents/pec-ethics-overview-for-elected-officials Form 700 -
Statement of
Economic Interest
Asha Reed
City Clerk
City Clerk's Office
Form 700
Statement of Economic Interest
Form 700 is a tool used to disclose financial interests and/or identify potential conflicts of interest of public officials, designated government employees and consultants.
Form 700 helps to ensures that the public is aware of a public official's or government employee’s financial interests and potential conflicts.
Another name for Form 700 is Statement of Economic Interest
1. 2.
3. Council Meeting Procedures and Legislative Process
Form 700
Who Must File?
Elected officials, public employees and consultants who make governmental decisions or could influence governmental decisions that could impact their personal financial interests must file the form 700.
The Conflict of interest Code determines exactly which departmental positions must file a Form 700. Each iteration of the Code is prepared by the respective department, reviewed by the City Clerk's Office and the City Attorney's Office and approved by Ordinance at a City Council meeting.
Government Code Section 87200 identifies City Council Members, Mayor, Planning Commissioners (including alternates), City Administrator, City Attorney and City Treasurer/Finance Director as statutory filers who are required to file Form 700.
Council Meeting Procedures and Legislative Process
Form 700
Financial Interests
Stocks
Owning a business in Oakland or a owning a business outside of Oakland that conducts business with the City of Oakland
Oakland rental property income
Income from a non-government entity within Oakland
Gifts from businesses, vendors, contractors or public officials of $50 or more Travel reimbursements made to you by someone other than your employer
1. 2.
3. 4.
5. 6.
Council Meeting Procedures and Legislative Process
Types of Statements Due Date
Assuming Office Within 30 Days of Assuming Office Date
Annual Statement April 1st Every Year
Leaving Office Within 30 Days of Separation
Amendments Immediately Upon Discovery Of Error
Form 700
Due Dates
Council Meeting Procedures and Legislative Process
Form 700
Account Creation
Incoming filers: Contact the Clerk’s Office and provide: Employee's Full Name , Work Email Address , Work Phone Number , Work Address , Department Name and Organization Number , Position Title , Start Date .
Outgoing filers: Provide the date of separation immediately upon notification. Leaving Office Form 700s are required.
This will allow the Clerk's office to create or adjust the account and give the employee the ability to file timely and efficiently
Council Meeting Procedures and Legislative Process
Form 700
How to File
Once the account has been created, filers can submit an electronic form via NetFile : https://netfile.com/filer
Or visit the Office of the City Clerk’s website to obtain the current year’s form to file a paper copy with wet signature. Please note: We cannot accept scanned filings/photocopies or electronic signature.
Council Meeting Procedures and Legislative Process
Form 700
Enforcement
Late statements are subject to a fine of $10 per day for each day the statement is late, up to $100.
Failing to file can result in referral to the California Fair Political Practices Commission (FPPC) for investigation and possible prosecution.
In addition to the late filing penalties from the Office of the City Clerk, a fine of up to $5,000 per violation may also be imposed
Disciplinary action can also occur
Questions contact Elections Services: [email protected] Council Meeting Procedures and Legislative Process
Employment
Investigations and
Civil Rights
Artisha McCullough
Equal Employment Opportunity and
Civil Rights Director
City Administrator's Office
Employment Investigations and
Civil Rights (EICRC)
Mission Statement
EICRC oversees, administers and enforces the City of Oakland’s Equal Employment Opportunity policy, Administrative Instruction 71 and Title VI compliance. The City’s Equal Employment Opportunity policy is intended to ensure that all employees have a work environment that is free of conduct that could be considered discriminatory or harassing based on an employee’s protected status.
Ethics & Civil Rights Compliance
Employment Investigations and
Civil Rights (EICRC)
Why Equal Employment Opportunity Matters
It’s the law
It’s City policy
It’s good for recruitment, retention and morale
It’s the right thing to do
Ethics & Civil Rights Compliance
Employment Investigations and
Civil Rights (EICRC)
Authority Sources of Laws & Rules
Ethics & Civil Rights Compliance
Title VII of the Civil Rights Act of 1964
Title VI of the Civil Rights Act
The Equal Pay Act (EPA)
The Age Discrimination in
Employment Act (ADEA)
Americans with Disabilities Act (ADA)
Federal
California Fair Employment and
Housing Act (FEHA)
AI 71 - Equal Employment
Opportunity
AI 596 Code of Conduct
State
City of Oakland
Employment Investigations and
Civil Rights (EICRC)
Sources of Oversight
Ethics & Civil Rights Compliance
Federal - Equal Employment Opportunity Commission (EEOC) State - Civil Rights Department (CRD)
City of Oakland - Employment Investigations & Civil Rights Compliance (EICRC)
City employees have the right to file complaints with all of these bodies.
They are not required to file a complaint with EICRC first.
Employment Investigations and
Civil Rights (EICRC)
Administrative Instruction (AI) 71
Ethics & Civil Rights Compliance
Outlines the City of Oakland's Policy, standards, requirements, complaint procedures and disciplinary guidelines regarding inappropriate and/or unprofessional conduct that could potentially rise to the level of discrimination and/or harassment; and
Sets out complaint and investigation procedures for all employees and job applicants who believe they have been subjected to inappropriate workplace conduct based on their protected status.
1. 2.
Employment Investigations and
Civil Rights (EICRC)
Who and What the Policy Covers
Ethics & Civil Rights Compliance
Who: All full-time employees, part-time employees, temporary employees, interns, volunteers, contractors and job applicants.
What: The Policy covers all terms and conditions of employment, including but not limited to: recruitment, hiring, promotion, termination, discipline, layoff, recall, transfer, leaves of absence, position classification, training, compensation and benefits.
Employment Investigations and
Civil Rights (EICRC)
Employment Conditions
Ethics & Civil Rights Compliance
hiring
awards
promotion
demotion
reprimand
suspension
termination / discipline
duty hours
hostile work environment
performance evaluation
harassment
sexual harassment
pay/overtime
reassignment
time and attendance
training
retirement
accommodation
leave of absence
Employment Investigations and
Civil Rights (EICRC)
Hostile Work Environment
Ethics & Civil Rights Compliance
Intimidating, abusive or offensive conduct, based on a protected status, which interferes with an employee’s ability to do their job A hostile work environment can be created by anyone, not just supervisors and managers
Pranks, jokes, ridicule and stereotypes can all create a hostile work environment, even when they are not directed at any one person Employment Investigations and
Civil Rights (EICRC)
Protected Status
Ethics & Civil Rights Compliance
race
color
ancestry
national origin
immigration status
religion
creed
age (over 40)
disability
sex
pregnancy
breastfeeding
sexual orientation
gender identity
gender expression
medical condition
genetic information
marital status
military and veteran status
association
retaliation
Also covered:
Employment Investigations and
Civil Rights (EICRC)
Basis + Issue
Ethics & Civil Rights Compliance
The issue must involve an adverse employment action causing the individual an injury (i.e., a present harm or loss with respect to a term, condition, or privilege of employment.)
There must be a NEXUS between the protected basis and the adverse action.
For example: I believe I have been discriminated against on my bases of race, color and age [bases] when on June 5, 2022, I received a letter of reprimand [issue].
Employment Investigations and
Civil Rights (EICRC)
Sexual Harassment
Ethics & Civil Rights Compliance
Employment Investigations and
Civil Rights (EICRC)
Sexual Harassment Defined
Ethics & Civil Rights Compliance
Hostile Work Environment: Unwelcome sexual advances, or visual, verbal, physical or other conduct of a sexual or gender-based nature, or which creates an intimidating, hostile or offensive work environment, or which substantially interferes with an individual’s work performance based on gender.
Quid Pro Quo: Unwelcome sexual advances, requests for sexual favors, and/or other verbal or physical conduct of a sexual nature that is made a term or condition of an individual’s employment.
Employment Investigations and
Civil Rights (EICRC)
Let's talk harassment and liability…
Ethics & Civil Rights Compliance
Federal Law : Under Title VII of the Civil Rights Act of 1964, an employer is vicariously liable for sexual harassment by supervisors. An employer can be liable under a negligence theory for sexual harassment by non supervisors if the employer knew or should have known of the misconduct.
California Law : Under the California Fair Employment and Housing Act, an employer is strictly (automatically) liable for harassment by supervisors. An employer is liable under a negligence theory for non supervisors and non-employees. Also, supervisors and non supervisors can be held individually liable for sexual harassment. Supervisors can also be held individually liable for aiding and abetting the harassment.
Employment Investigations and
Civil Rights (EICRC)
Retaliation
Ethics & Civil Rights Compliance
Expressing a concern about discrimination or harassment.
Filing a complaint, whether with EICRC or with a state or federal agency.
Opposing a practice that violates AI 71.
Cooperating with a related investigation.
AI 71 prohibits retaliating against a person for…
These activities are protected!
Employment Investigations and
Civil Rights (EICRC)
Retaliation
Ethics & Civil Rights Compliance
What is retaliation?
Retaliation is any adverse employment action, such as discipline, demotion, or discharge in response to a protected activity.
How is retaliation shown?
The timing of an adverse employment action is usually considered circumstantial evidence.
Employment Investigations and
Civil Rights (EICRC)
Investigation Process
Ethics & Civil Rights Compliance
Anyone who observes or otherwise becomes aware of a possible violation can complain.
Managers and supervisors with knowledge of a possible violation must report it.
Complaints may be initiated either verbally or in writing.
Employment Investigations and
Civil Rights (EICRC)
Investigation Process
Ethics & Civil Rights Compliance
Receive a
Complaint
Intake
Determine
Jurisdiction
Investigate/Resolve
Formal
Informal
Write
Report
Summary
No Jurisdiction
Referral
Advisement
Employment Investigations and
Civil Rights (EICRC)
Investigation Process
Ethics & Civil Rights Compliance
The investigative process is confidential.
We only discuss complaints on a need-to-know basis.
You must do the same.
Confidentiality protects all the parties involved.
Fewer people knowing also reduces the risk of a retaliation claim Employment Investigations and
Civil Rights (EICRC)
Investigation Process
Ethics & Civil Rights Compliance
Managers must report allegations of harassment and
discrimination.
Don’t assume someone else will report it, follow up
Report violations, even if the complaining party wants
to “let it go”
All allegations of sexual harassment complaints must
be reported to EICRC
Make sure EICRC knows
Employment Investigations and
Civil Rights (EICRC)
Contact Information
Ethics & Civil Rights Compliance
Phone: 510-238-3500
150 Frank H. Ogawa Plaza, 2nd Floor, Oakland, CA 94612
Artisha McCullough, EEO & Civil Rights Director 510-238-6468 Barbara Sylvester, Equal Opportunity Specialist 510-238-2038 Kate Massie, Equal Opportunity Specialist 510-238-3279
Davide Sahner, Administrative Assistant II 510-238-3500 ADA
Programs
Anh Nguyen
Manager , ADA Programs Division
City Administrator's Office
ADA Programs
Mission Statement
ADA Programs Division promotes equity for persons with disabilities by coordinating physical and programmatic access compliance in all city programs, activities, and services.
Ethics & Civil Rights Compliance
ADA Programs
Core Services
Resolves disability civil rights grievances and formal complaints Develop and implement ADA Transition Plans
Implements ADA settlement agreements
Coordinates infrastructure improvement programs, reviewing and sign-off on major capital improvement projects
Develop Trainings, Policies, and Procedures regarding ADA access compliance Provide technical assistance to departments in making their programs, activities, and services welcoming and accessible to all Staffs the Mayor’s Commission on Persons with Disabilities (MPCD) Ethics & Civil Rights Compliance
ADA Programs
Mayor’s Commission on Persons with Disabilities
Advising the Mayor and City Council on matters affecting the disability community Reviewing and commenting on City policies, programs and actions Providing advice and assistance to other City boards and commissions Participating at the local, state and national levels for the advancement of disability rights
Represents and addresses the concerns of the disability community. Established by City ordinance in 1980, the MCPD is an appointed group of volunteers who are committed to integrating people with disabilities into all aspects of the community. MCPD has acted as the City’s designated advisory body for ADA compliance. MCPD responsibilities include:
Ethics & Civil Rights Compliance
ADA
Programs
Organization &
Budget Sources
During the fiscal year 2022-23 Midcycle Budget, the ADA Programs Division moved from the Department of Transportation to the City Administrator’s Office on the recommendation of the MCPD to become more autonomous within the City organization hierarchy, to be effective at coordinating physical and programmatic access compliance in all City programs, activities, and services citywide per State and Federal requirements.
Ethics & Civil Rights Compliance
ADA Programs
Resources
ADA grievance form
Citywide policies (e.g. Curb ramp,
Accessible On-Street Parking)
Departmental Access Coordinators
(DACs)
Major ADA activities (e.g. Adaptive
Bike Share)
Community resource lists
External
Auxiliary Aids and Services request forms
Sign Language
Captions
ADA Policies
Service Animals
Special Events
Administrative Instructions (123, 181)
Trainings and Guidelines
Internal
Ethics & Civil Rights Compliance
ADA Programs
Contact Information
Ethics & Civil Rights Compliance
For questions regarding the content of this this presentation, please contact:
Anh Nguyen
[email protected]
510-238-7915
For questions direct constituent concerns to:
ADA Programs
[email protected]
510-238-5219
https://oaklandca.govtopics/americans-with-disabilities-act-ada-services