From: herb
To: Council, City; Clerk, City
Subject: May 112, 2025 CAO Committee, Item #1: Performance Evaluation and Goal Setting Date: Sunday, May 11, 2025 5:53:16 PM
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MAY 12, 2025 COUNCIL APPOINTED OFFICERS (CAO) COMMITTEE MEETING AGENDA ITEM #1: ANNUAL PERFORMANCE EVALUATION PROCESS REVIEW
AND GOAL SETTING
May 11, 2025
The Goals and Key Performance Indicators (KPIs) for each year for each Council Appointed Officer (CAO) are identifiable public records that are not exempt from disclosure.
Those Goals and KPIs need to be included in the agenda packets for meetings of the City Council and CAO Committee whenever there is an agenda item about evaluating the performance of the CAOs or establishing new Goals and KPIs.
The interview process in the CAO Evaluation Process Timeline for Dan Rich to conduct interviews with the Mayor and Council Members appears to violate the provision of the Ralph M. Brown Act that prohibits a majority of the members of a legislative body, outside an authorized meeting from using a series of communications of any kind to discuss any item of business that is within the subject matter jurisdiction of the legislative body.
Government Code Section 54952.2
(a) As used in this chapter, “meeting” means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body. (b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body.
(2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body.
The exception in paragraph (2) does not apply because the exception applies to an employee providing information or answering questions rather than the City Council Members providing information or answering questions.
Herb Borock