City of Sacramento Council Rules of Procedure Page 44 of 58
ITEM 16.3.
ATTACHMENT 2
City of Sacramento Council Rules of Procedure Page 45 of 58 Chapter 13 – Law and Legislation Committee
A. Authority; Purposes
1. Authority to Represent City Positions.
a. The Law and Legislation (L&L) Committee has the authority to take positions on behalf of the city on state and federal legislation as outlined in the city’s legislative platform.
b. The mayor or the chair of the L&L Committee has the authority to take positions, consistent with the adopted legislative platform, on behalf of the city when the need to react quickly does not allow for a matter to be considered by the L&L Committee.
c. Except as provided in subsections a and b, no person or committee has authority to represent the council on policy matters, unless that authority has been granted by the council or the information is limited to a factually accurate statement of the council’s publicly-adopted position.
2. Purposes. The purposes of the L&L Committee are to consider, evaluate, conduct fact-finding, and recommend to council positions on proposed city ordinances and non-binding resolutions.
B. Procedures
1. Ordinances and Non-Binding Resolutions.
a. Origination.
(i) Requests to prepare, amend, draft, or process ordinances and non- binding resolutions shall be made in one of the following ways:
(A) In writing to the city clerk; or
(B) By the city manager or other city staff.
(ii) All non-binding resolution requests must be referred to the L&L Committee. Except as provided in subsection b below, all ordinance requests must be referred to the L&L Committee.
(iii) The requesting member(s), city manager, or staff is considered the sponsor. City staff shall work directly with the sponsor in developing the proposed ordinance language.
ITEM 16.3.
ATTACHMENT 2
City of Sacramento Council Rules of Procedure Page 46 of 58 b. Ordinances not requiring L&L Committee review prior to council review and adoption are those that are:
(i) Deemed urgent by the mayor or city manager;
(ii) Voted on by the majority of council to bypass the L&L Committee; (iii) Voted on by the majority of the L&L Committee to go to council without full L&L Committee review;
(iv) Zoning code amendments for specific development projects; (v) Listings on, or deletions from, the Sacramento register under Sacramento City Code chapter 17.604, article II;
(vi) Adopting property-related fees or fee increases that require public notice before the Utilities Rate Advisory Commission;
(vii) Authorizing the execution of a development agreement; (viii) Establishing or adjusting parking meter rates
(ix) The biennial update for campaign contribution limits, as required by Sacramento City Code section 2.13.120; or
(x) Levying a special tax on land within a community facilities district. (xi) Those reviewed by the P&PE Committee related to a city advisory body’s creating authority.
c. After passing the threshold vote required by the councilmember proposal request flowchart in Chapter 12, ordinances and non-binding resolutions referred to the L&L Committee shall be placed on the legislation log, with new items placed at the end of the log, to establish a priority order; provided, the L&L Committee or council may reorder the priority.
d. The log will be scheduled for the consent agenda at every L&L Committee meeting. Any committee member may pull an item from consent for discussion. e. Items on the log may be removed at the request of the sponsor. Staff shall note the removal request on the log and remove the item after the log has been approved by the committee.
f. The process for advancing an item to the city council is outlined in Chapter 12.
ITEM 16.3.
ATTACHMENT 2
City of Sacramento Council Rules of Procedure Page 47 of 58 C. Requirements for Agenda Item Submission
1. The city manager and city clerk shall develop the agenda for the L&L Committee meetings in consultation with the chair of the committee. a. The chair shall have the right to make recommendations to the committee on matters of policy and programs that require committee decisions. b. Charter officers, the director of the office of public safety accountability, and the Sacramento Housing and Redevelopment Agency executive director may submit staff reports or descriptions of oral reports to the city clerk for placement on the agenda.
c. Department directors, subject to the discretion of the city manager, may submit staff reports or descriptions of oral reports to the city clerk for placement on the agenda.
ITEM 16.3.
ATTACHMENT 2
City of Sacramento Council Rules of Procedure Page 48 of 58 Chapter 14 – Personnel and Public Employees Committee
A. Purposes
The purposes of the Personnel and Public Employees (P&PE) Committee are to:
1. Review applications received for membership to various city boards, commissions, and committees;
2. Conduct interviews for such membership appointment;
3. Make recommendations to the mayor concerning such appointments;
4. Review advisory body reports and recommendations, as provided in Rule 17.C;
5. Review ordinances related to an advisory body’s creating authority prior to council review and adoption;
6. Lead the recruitment process for council-appointed officers; and
7. Develop and lead annual performance metrics and evaluations for council-appointed officers, as provided in Rule 18.
B. Procedures
1. Applications for seats on city boards, commissions, and committees will be reviewed by the P&PE Committee.
2. The P&PE Committee shall conduct interviews of qualified applicants.
3. Recommendations by the P&PE Committee shall be submitted to the city clerk for distribution to the mayor to consider appointment.
4. After the mayor’s appointment, the city clerk shall submit a report for a council agenda requesting confirmation of the mayor’s appointment.
C. Requirements for Agenda Item Submission
1. The city manager and city clerk shall develop the agenda for the P&PE Committee meetings in consultation with the chair of the committee. a. The chair shall have the right to make recommendations to the committee on matters of policy and programs that require committee decisions. b. Charter officers, the director of the office of public safety accountability, and the Sacramento Housing and Redevelopment Agency executive director may submit staff reports or descriptions of oral reports to the city clerk for placement on the agenda.
c. Department directors, subject to the discretion of the city manager, may submit staff reports or descriptions of oral reports to the city clerk for placement on the agenda.
ITEM 16.3.
ATTACHMENT 2
City of Sacramento Council Rules of Procedure Page 49 of 58 Chapter 15 – Budget and Audit Committee
A. Purposes
The purposes of the Budget and Audit Committee (B&A) are to:
1. Assist the council in overseeing and supervising the city auditor;
2. Assist the council in evaluating the proposed budget, including a mid-year report, and any amendments thereto;
3. Assist the council in understanding the budget impacts resulting from council’s actions; and
4. Assist the council in reviewing and evaluating the Innovation and Growth Fund.
5. Assist the council in enhancing the city’s ability to:
a. Improve the effectiveness and efficiency of city operations; b. Improve the city’s fiscal operations;
c. Adopt and adhere to a balanced budget; and
d. Comply with city policies, procedures, and regulatory requirements.
6. Review councilmember proposals for funding allocations that fall outside of the budget process.
B. Procedures
1. The B&A Committee shall receive, review, and forward to the council as appropriate, reports, recommendations, and updates from the city auditor.
2. The B&A Committee shall receive and review the proposed budget and any material amendments thereto.
3. The B&A Committee shall receive and review any key budget policy issues, including but not limited to, Annual Comprehensive Financial Report (ACFR) results, use of any year-end surplus, the mid-year report, budget priorities, use of unanticipated revenue, or proposed budget issues such as fee increases, prior to bringing forward to council.
4. The B&A Committee may:
a. Receive, review, and forward to the council, when relevant to city audits, any reports from the city treasurer, the department of finance, other city offices, or external auditors;
ITEM 16.3.
ATTACHMENT 2
City of Sacramento Council Rules of Procedure Page 50 of 58 b. Receive, review, and forward to the city council any reports and recommendations from the economic development department or city manager regarding the Innovation and Growth Fund; and
c. Propose that the council adopt ordinances, resolutions, or take other actions, provided that such ordinances, resolutions, or actions are within the jurisdiction of the B&A Committee.
5. The process for advancing an item to the city council is outlined in Chapter 12.
C. Requirements for Agenda Item Submission
1. The city manager, city auditor, and city clerk shall develop the agenda for the B&A Committee meetings in consultation with the chair of the committee. a. The chair shall have the right to make recommendations to the committee on matters of policy and programs that require committee decisions. b. Charter officers, the director of the office of public safety accountability, and the Sacramento Housing and Redevelopment Agency executive director may submit staff reports or descriptions of oral reports to the city clerk for placement on the agenda.
c. Department directors, subject to the discretion of the city manager, may submit staff reports or descriptions of oral reports to the city clerk for placement on the agenda.
ITEM 16.3.
ATTACHMENT 2
City of Sacramento Council Rules of Procedure Page 51 of 58 Chapter 16 – Racial Equity Committee
A. Purposes
The purposes of the Racial Equity Committee are to:
1. Help the council align its advancement of racial equity in city decision-making with the impacts resulting from city policy, budget, and service-delivery decisions;
2. Provide a space to help coordinate the various city racial equity initiatives, efforts, metrics, and best practices into a holistic citywide informed approach (rather than a case-by-case approach); and
3. Increase engagement, transparency, and accountability for the City’s ongoing racial equity work.
B. Pr ocedures
1. The Racial Equity Committee shall receive, review, and forward to the council as appropriate, reports, recommendations, policy proposals, and updates regarding racial equity issues. Review and approval of ordinances and adoption of positions on state and federal legislation shall be undertaken by the Law and Legislation Committee, unless an ordinance or legislation is referred directly to the Racial Equity Committee by the council.
2. The process for advancing an item to the city council is outlined in Chapter 12.
C. R equirements for Agenda Item Submission
1. The city manager and city clerk shall develop the agenda for the Racial Equity Committee meetings in consultation with the chair of the committee. a. The chair shall have the right to make recommendations to the committee on matters of policy and programs that require committee decisions. b. Charter officers, the director of the office of public safety accountability, and the Sacramento Housing and Redevelopment Agency executive director may submit staff reports or descriptions of oral reports to the city clerk for placement on the agenda.
c. Department directors, subject to the discretion of the city manager, may submit staff reports or descriptions of oral reports to the city clerk for placement on the agenda.
ITEM 16.3.
ATTACHMENT 2
City of Sacramento Council Rules of Procedure Page 52 of 58 Chapter 17 – City Advisory Bodies
A. Vacancies and Appointments
1. When any vacancy occurs on a board, commission, or committee (advisory body) the city clerk shall announce that vacancy pursuant to the standard outreach procedures. The city clerk’s office maintains the board and commission files and performs all clerical and administrative support tasks related to the application process.
2. At the close of the application period, all applications received for the vacancy are referred by the city clerk to the appropriate nominating body or person for review and recommendation.
3. If the recommending body is the Personnel and Public Employees Committee (P&PE) the applicant will be invited to interview in person before P&PE at the next available meeting. Following review and recommendation by P&PE, the city clerk shall forward to the mayor for review.
4. If the recommending body is a councilmember, following review, the member shall send the board and commission recommendation(s) to the city clerk who will forward to the mayor for review.
5. After reviewing the submitted recommendation(s) made by P&PE or a member, the mayor shall direct the city clerk to prepare a staff report with the mayor’s appointment to fill the vacancy at the next council meeting. Concurrence in an appointment for a seat on a city board, commission or committee shall be by vote of the city council.
6. If the council does not approve the appointment, then the mayor shall make another appointment, and at the soonest regular meeting following the meeting at which the subsequent appointment was made, the council shall vote whether to confirm the new appointment.
7. This procedure shall be followed until an appointment has been approved by the council. No request by a member to delay the appointment or approval will be allowed unless approved by a majority vote of the council.
8. At the direction of the council, all vacancies, application periods, and close of application periods for boards and commissions shall be monitored and maintained by the city clerk.
ITEM 16.3.
ATTACHMENT 2
City of Sacramento Council Rules of Procedure Page 53 of 58
9. In making nominations and appointments to city boards and commissions, the mayor, P&PE Committee, and members should consider persons of various ethnicities, ages, genders, education, and occupational experience as reflected in the general population of the city; and should, as appropriate for the vacancy, consider persons from all districts of the city.
B. Requests for Future Agenda Items
1. Members may submit items under the purview of the advisory body for inclusion on a future agenda by orally making the request under Ideas, Comments, and Questions.
a. The department staff shall add a member’s requests to a chronologically-ordered log that contains all pending requests, i.e., those not having been heard as an agenda item or not otherwise having been removed from the log. b. The log shall appear on the Consent Calendar of each regular meeting and include estimated agenda date or disposition.
C. Advisory Body Reports
1. Advisory body recommendations and reports to the city council shall follow the procedure set forth in this Rule 17.C.
2. Annual report preparation.
a. Each advisory body shall provide an annual report for review by the Personnel and Public Employees (P&PE) Committee.
b. The annual report shall be provided in a format established by the city clerk and should include highlights and accomplishments from the prior year’s work; proposed projects, priorities, and recommendations for the upcoming year; and any other information required of the advisory body according to the Sacramento City Code.
c. The city clerk shall manage an advisory body annual report calendar so that city staff can gather input to prepare a proposed report to the advisory body in a timely manner.
d. Each advisory body must approve its annual report before presentation to the P&PE Committee. When presenting proposed reports to advisory bodies, staff should include information on the feasibility of any recommendations therein.
ITEM 16.3.
ATTACHMENT 2
City of Sacramento Council Rules of Procedure Page 54 of 58
3. Review by P&PE Committee.
a. Annual reports approved by advisory bodies shall be placed on an upcoming P&PE Committee meeting agenda.
a. The city clerk shall act as a liaison and collaborate with city staff to collect any additional information that may be helpful to the committee’s evaluation of advisory body annual reports.
b. The P&PE Committee shall review advisory body annual reports and give staff direction on those reports’ stated projects, priorities, and recommendations.
Before forwarding the report to the city council, the committee may request supplemental information from staff or the advisory body.
4. Other recommendations. If an advisory body has recommendations outside the annual review process, the city clerk shall coordinate with the advisory body to have those recommendations brought before the P&PE Committee, which may consider and act on those recommendations in the same way it does advisory body annual reports.
ITEM 16.3.
ATTACHMENT 2
City of Sacramento Council Rules of Procedure Page 55 of 58 Chapter 18 – Annual Review of City Council Appointive Officers A. Purposes
1. The city council is committed to performing regular annual reviews of its appointive officers, which include the following positions: city attorney, city auditor, city clerk, city manager, city treasurer, director of the office of public safety accountability, and executive director of the Sacramento Housing and Redevelopment Agency. These positions report directly to the city council.
2. Clear communication and performance metrics are at the core of the work of the council and the city. To evaluate council appointive officers on a consistent basis, the P&PE Committee will assume the role and responsibility of developing and leading annual performance metrics and evaluations.
B. Procedures
1. With direction from the P&PE Committee, the city clerk shall coordinate and schedule appointive officer annual reviews.
2. Annually, appointive officers shall present their annual report, including past year accomplishments and strategic goals and objectives for the upcoming year, to the P&PE Committee. Once approved by the P&PE Committee the report will be forwarded to the city council for approval.
3. Pe
rformance Evaluations : The city council shall meet in closed session to conduct a performance evaluation of an appointive officer.
a. T he city council may hold closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, discipline, or dismissal of an appointive officer or to hear complaints or charges brought against the appointive officer by another person or employee unless the appointive officer requests a public session (Government Code § 54957 (b )).
b. As a condition to holding a closed session on specific complaints or charges brought against an appointive officer by another person or employee, the appointive officer shall be given written notice of his or her right to have the complaints or charges heard in an open session rather than a closed session, which notice shall be delivered to the appointive officer personally or by mail at least 24 hours before the time for holding the session. c. The city council also may exclude from the public or closed meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the city council.
d. Closed sessions held pursuant to this rule shall not include discussion or action on proposed compensation except for a reduction of compensation that results from the imposition of discipline.
ITEM 16.3.
ATTACHMENT 2
City of Sacramento Council Rules of Procedure Page 56 of 58
4. Salary and Benefit Negotiations: The city council may meet in closed session with the city’s designated representative to discuss salaries, salary schedules, or compensation paid in the form of fringe benefits of an appointive officer. (Government Code § 54957.6)
a. The agenda for a closed session under this rule must identify the city’s designated representatives. Unless specifically directed otherwise by the mayor, the designated representatives shall be personnel from the Human Resources Department.
b. Closed sessions of the city council under this rule shall be for the purpose of reviewing its position and instructing the designated representatives. c. Closed sessions held pursuant to this rule shall not include final action on the proposed compensation or benefits.
5. Final approval of compensation adjustments, by resolution or contract, shall be made at an open meeting of the city council. See Rule 7.A.1 for agendizing such an item.
ITEM 16.3.
ATTACHMENT 2
City of Sacramento Council Rules of Procedure Page 57 of 58 Glossary
Decorum Officer
The decorum officer is a council-selected person who sits on the dais and has responsibility for enforcing council meeting decorum.
et seq
et seq means “and the following one or ones”.
Ex Parte Communications
An ex parte communication is a written or oral communication between a decisionmaker and an interested person concerning any issue in a formal proceeding, other than procedural matters that does not occur in a public forum established in the proceeding or on the record of the proceeding.
Members shall disclose the substance of all ex parte communications at the beginning of a public hearing for any item brought before the legislative body for hearing, consideration, or action.
Non-Binding Resolution
A non-binding resolution is a resolution in which the council declares its position and opinions on an issue, policy, or other matter that the council lacks legal authority to establish or regulate, but that the council determines is of such importance that the council should make the symbolic gesture of adopting a resolution declarative of council’s position.
Presiding Officer
The Presiding Officer is the person who presides over a meeting and is charged with maintaining order and decorum, recognizing members to speak, and interpreting the rules, practices, and precedents. In the city council the presiding officer is the Mayor. In advisory bodies established by the city council the presiding officer is the Chair. In the absence of Mayor or Chair, the Vice Mayor or Vice Chair shall preside.
Quasi-judicial
Quasi-judicial action means any council action that implicates constitutionally protected property or liberty interests, such as issuance or denial of discretionary land use permits, subdivision maps, business licenses, and other similar action in which a property interest is at stake and the council is charged with applying legal standards to a specific factual situation.
Sergeant-at-Arms
The sergeant-at-arms is the principal law enforcement official of the legislative body and is charged with maintaining security within the chamber (meeting location) and surrounding areas. The sergeant-at-arms also enforces protocol and ensures public decorum is followed as noted in the body’s rules of procedure.
ITEM 16.3.
ATTACHMENT 2
City of Sacramento Council Rules of Procedure Page 58 of 58 Teleconference
A meeting conducted among participants in different locations via telecommunications equipment such as telephones, computers, or other devices.
ITEM 16.3.
ATTACHMENT 2
City of Folsom
Governance Manual
Adopted June 2021, Updated April 2023
ITEM 16.3.
ATTACHMENT 3
Governance Manual – Table of Contents Page i
Governance Manual
Table of Contents
Section 1. Effective Governance
Effective Governance as the Core Principle of the City of Folsom ....................... 1 Characteristics of an Effective Council ................................................................ .... 2 Characteristics of an Effective Council Member ..................................................... 2
Section 2. Roles and Responsibilities
Policy Setting and Policy Implementation ............................................................... 3 Council-Manager Form of Government ................................................................ .. 3 Mayor’s Role ................................ ............................................................................... 3 Vice Mayor’s Role ................................ ................................................................ ....... 4 City Manager’s Role ................................ ................................................................ ... 4 Noninterference with City Manager’s Administrative Role ................................ ... 5 Responding to Public Complaints ............................................................................ 5 New Councilmember Orientation ............................................................................ 5 Informal Role – Tips to Keep in Mind ................................................................ ....... 6
Section 3. Communications Protocols
Communication between the City Council and the City Manager ........................ 7 Direction to City Manager at City Council Meetings............................................... 7 Communication between Council Members .......................................................... 8 Brown Act ................................ ................................................................................... 8 Social Media ................................ ............................................................................... 8 Keeping Each Other Informed and Reporting on Regional Agency Action .......... 9 Communication between City Council Members and the Public ......................... 10 ITEM 16.3.
ATTACHMENT 3
Governance Manual – Table of Contents Page ii
Speaking for the City ................................ ................................................................ . 10 Safeguarding Confidential, Sensitive and Closed Session Information ............... 10 Correspondence ................................ ........................................................................ 10 Representing the City on Regional Agencies .......................................................... 11
Section 4. Council Meeting Protocols
Conducting Open Meetings ...................................................................................... 12 Placing an Item on the Agenda ................................................................................ 12 Agenda Items Proposed by a City Council Member ............................................... 12 Agenda Items Proposed by Members of the Public ............................................... 13 Rules of Order ................................ ............................................................................ 13 City Council Meeting Norms ..................................................................................... 13 Making and Seconding Motions ............................................................................... 14 Most Commonly Used Motions................................................................................ 14 Proclamations and Resolutions of Commendation ............................................... 15 External presentations ................................ .............................................................. 15 Reporting and Avoiding Conflicts of Interest .......................................................... 15 Companion Documents ................................ ............................................................ 17
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ITEM 16.3.
ATTACHMENT 3
Section 1. Effective Governance (2023 update) Page 1
Effective Governance as the Core Principle of the City of Folsom The City Council's core principle of effective governance is transforming the community's needs and desires into policies that direct the City's functions. As the City Council fulfills the responsibility of setting policy direction, how City Council members perform their governance role is critical. Whether meeting in Council Chambers, serving in the community, or working with city staff, Councilmembers are always stewards of public trust.
The wellbeing of the City depends upon the responsible and professional manner in which each Councilmember and the City Council collectively fulfills their governance roles and responsibilities.
The City Council members and City Manager work in a coordinated manner to achieve their common purpose of effective governance. Together, they function collaboratively with a high degree of respect, trust, and openness. Notably, the City Council and City Manager value diversity in style and perspective and are open to new ideas. While individuals may have potential biases or policy preferences, all team members listen with an open mind and are willing to have preconceived notions challenged or changed. The City Council and City Manager strategically examine issues and situations and decide on a course of action serving the city’s mission and goals.
Effective City Councils understand that a good working relationship with each other and staff is vital for the city to run successfully. Therefore, the City Council acts with integrity, Section 1. Effective Governance
The Folsom City Council is committed to good governance. Together, the City Council works as a cohesive unit to make decisions in the city's best interest. While individual Councilmembers each bring their unique background and expertise to their role as an elected official, it is only by working together rather than as individuals that the City Council can achieve the greatest good for the greatest number of people.
ITEM 16.3.
ATTACHMENT 3
Section 1. Effective Governance (2023 update) Page 2
civility, and a high level of professional decorum. City Council members build trust by striving to have a “no secrets, no surprises” approach as the operating norm.
Characteristics of an Effective Council
An effective Council:
1. Works together as a body, modeling teamwork and civility for our community.
2. Follows the legal requirements of the City Charter, Municipal Code, State and Federal law and regulations
3. Makes decisions that are in the best interest of the City and considers that short- term decisions often have long-term consequences
4. Provides clear direction to the City Manager to ensure clarity of direction, specificity in scope, and mutual understanding.
5. Stays focused on the topic at hand. Ensure each member of Council has an opportunity to speak.
6. Seeks consensus and common ground knowing there are rarely perfect solutions
7. Respects the governing process and follows implementation of the will of the majority.
8. Disagrees agreeably and professionally, then commit to the decision once made.
9. Utilizes long-range plans to provide big picture context that is realistic and achievable.
10. Represents all residents and knows that a vocal minority does not necessarily reflect the view of a quiet majority
Characteristics of an Effective Council Member
An effective Council member:
1. Maintains a citywide perspective toward all of our residents and constituents while being mindful of our districts.
2. Moves from I to we, and from campaigning to governing.
3. Assumes good intent.
4. Demonstrates respect, consideration and courtesy to all.
5. Shares information and avoid surprises.
6. Keeps confidential things confidential.
7. Commits the time necessary to understand issues
ITEM 16.3.
ATTACHMENT 3
Section 1. Effective Governance (2023 update) Page 3
8. Acknowledges their own potential biases, listens with an open mind, and is willing to have preconceived ideas challenged
9. Respects the role and function of the public, city staff, and the City Manager
10. Respects the Council/Manager form of government and the roles of each party.
11. Communicates concerns about staff to the City Manager; does not criticize staff in public.
12. Recognizes that their colleagues were also elected, and all deserve equal levels of respect
13. Understands that authority rests with the Council as a whole and not with individual Council members.
14. Limits their critique to the idea being proposed and not to the person proposing it, and accepts criticism of a policy or proposal without taking it personally
15. Respects the expertise of city staff and understands staff’s desire to provide factual, neutral information to the Council
ITEM 16.3.
ATTACHMENT 3
Section 2. Roles and Responsibilities Page 3
Policy Setting and Policy Implementation
One of the essential characteristics of an effective Council is their understanding and agreement on roles and responsibilities. Generally, governance is about setting policy by defining what the organization will do, and administration focuses on how to do it.
Discerning the difference can sometimes be challenging. If the City Council discussion focuses on long-term outcomes, it tends to be policy setting; if it focuses on short-term objectives or incremental steps, it tends to be administrative. Since the distinction between policy and administration is sometimes challenging to identify, the City Council and the City Manager must clearly understand their roles and responsibilities.
Council-Manager Form of Government
Folsom is governed under the council-manager form of government. In a council-manager government, an elected City Council serves as the city's primary legislative body. It appoints a city manager to oversee day-to-day municipal operations, craft the budget, and implement and enforce the City Council's policies and direction.
Mayor’s Role
Folsom’s Charter defines the Mayor’s role and establishes the selection of the Mayor by the City Council. The Mayor’s primary responsibilities include:
1. Presiding at meetings of the Council;
2. Meeting regularly and as appropriate with the City Manager to provide policy guidance relative to the actions of the Council, expressing the desires of the Council and its members, and monitoring the administrative implementation of Council policies;
Section 2. Roles and Responsibilities
The City Council's role is to act as a public policy-setting body. It is the City Manager's role to implement public policy. With a strong guiding belief that all benefit from a clear understanding of their respective roles, this Governance Manual establishes the normative framework under which the City Council can perform in the most effective manner possible.
ITEM 16.3.
ATTACHMENT 3
Section 2. Roles and Responsibilities Page 4
3. Recommending City policy, legislation, and programs, subject to approval by a majority of the City Council;
4. Representing the City for ceremonial purposes;
5. Represent the City in intergovernmental relations, personally or by a designated representative with the concurrence of the Council; and
6. Establishing and dissolving limited-term ad hoc committees, subject to the approval of the Council
Vice Mayor’s Role
Folsom’s Charter defines the Vice Mayor’s role and establishes the selection of the Vice Mayor by the City Council. The Vice Mayor’s primary responsibility is to perform the Mayor’s duties in the Mayor’s absence.
City Manager’s Role
Folsom’s Charter identifies the City Manager’s role as the administration of all affairs of the City, and as such, the City Manager holds many powers and duties. This role includes, but is not limited to:
1. Appointing and removing all assistants to the city manager and all department heads;
2. Appointing, removing, and disciplining all employees of the city (the city manager may delegate this authority to the several department heads, but retains certain authorities;
3. Directing the administration of all departments;
4. Preparing the City’s budget;
5. Keeping the City Council fully informed and advised of the financial, administrative, physical, and operational condition of the City and of its future needs in each area, and make such recommendations and present such plans and programs concerning the affairs of the City;
6. Providing for the enforcement and faithful execution of all laws, ordinances, rules, regulations, acts of the City council, the City Charter and such other actions as the City council shall direct;
7. Attending all City council meetings and taking part in the discussions of the City council (but having no vote);
8. Investigating all complaints in relation to matters concerning the administration of the City;
ITEM 16.3.
ATTACHMENT 3
Section 2. Roles and Responsibilities Page 5
9. Exercising general supervision of all public buildings, parks, real and personal property, assets, utilities, streets, and other public properties which are under the ownership, control, or jurisdiction of the city;
10. Carrying out and enforcing all policies of the City council and all rules, regulations and ordinances adopted by it;
11. Cooperating with all community organizations whose purpose is to serve the welfare and best interests of the City and of its people, business, and organizations;
12. Preparing the City council agenda in such a manner to ensure that all matters concerning the attention of the City council are included thereon in a timely manner;
Noninterference with City Manager’s Administrative Role The City Manager’s administrative role is distinct and separate from the City Council’s role.
As prescribed by the City’s Charter, neither the Mayor nor any Councilmember shall interfere with the execution of the City Manager’s powers and duties. Except for purposes of inquiry, the Mayor and Councilmembers shall deal with the administrative services of the City solely through the City Manager, and neither the Mayor nor any Councilmember shall give orders to any subordinate of the City Manager, either publicly or privately. The City Council may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of any department head or employee, but neither the Mayor nor any Councilmember shall in any manner control or demand the appointment or removal of any City department head or employee.
Responding to Public Complaints
It is important that when Councilmembers receive a complaint or inquiry from a member of the public, the Councilmember should acknowledge the requestor’s communication without making promises or jumping to conclusions. As the City Manager’s role is to investigate and resolve these issues with city staff, all complaints should be forwarded to the City Manager for a response. The City Manager will keep the City Council informed regarding administrative actions.
New Councilmember Orientation
Welcoming newly elected Councilmembers and providing them with the appropriate orientation and resources is crucial to developing an effective, cohesive governance team.
1. With the Brown Act limitations in mind, current Councilmembers are encouraged to reach out to newly elected members to welcome them and build productive working relationships.
2. The City Manager will provide a formal orientation for new Councilmembers to:
ITEM 16.3.
ATTACHMENT 3
Section 2. Roles and Responsibilities Page 6
a. Explain roles and responsibilities;
b. Introduce department heads;
c. Provide practical information such as access to City Hall, office space, security procedures, meeting protocols;
d. Study a typical City Council meeting agenda and explain the order of business, consent calendar, business from the floor, and other meeting sections and protocols such as making motions and providing direction to the City Manager and staff during a City Council meeting. e. Review rules regarding confidentiality, the Brown Act, and gift reporting;
3. Councilmembers shall work through the City Manager to schedule additional meetings with department heads and/or tours of city facilities to gain a better understanding of city services and operations.
City Council’s Informal Role – Some Helpful Tips to Keep in Mind
1. Lead by example. Be honest, consistent, and flexible.
2. Do not get stampeded into action by the strong demands of special interest groups. Your job is to find the entire community’s long-term public interest, and you may be hearing from a vocal minority.
3. Be clear on what you stand for and what is important to you.
4. Think about what you want to accomplish. Do not act rashly and assume that only you know the best way to accomplish things. Every issue will benefit from additional discussion. Your perceptions may change.
5. Sometimes we underestimate the potential impact of a strong leadership voice. Use the dignity of your office to help the community get past contentious issues.
6. There can be a tremendous amount of discomfort in making very public decisions. It is important to take a long-term perspective, weigh everything, and reach good decisions.
7. Know that you will not be able to satisfy everyone. If you try, you will not be able to demonstrate leadership. Listen fairly, listen thoughtfully, and then do what is best.
8. Most of the easy decisions were made a long time ago. Many decisions that need to be made can be difficult – but you cannot always solve those big problems easily.
ITEM 16.3.
ATTACHMENT 3
Section 3. Communications Protocols Page 7
Communication between the City Council and the City Manager
Folsom's council-manager form of government directs the City Council to communicate with the City Manager on all matters related to City operations, and City Council members are therefore encouraged to contact the City Manager with questions about city operations or issues. The City Manager will obtain the requested information or direct the appropriate staff member to assist. When an individual City Council member seeks information that the City Manager believes may be of interest or use to other City Council members, the City Manager may share that information with the entire City Council to keep all members equally informed. The City Council should be aware that the City Manager may not readily share some items due to employment law, privacy rights, investigations, etc.
Agenda review sessions with the City Manager and individual City Council members are scheduled in advance of each City Council meeting. City Council members are strongly encouraged to ask questions about agenda items during their agenda review session, as this allows staff time to perform additional research if necessary before the Council meeting. City Council members are welcome to ask the questions again at the Council meeting to benefit other Council members and the public.
Direction to City Manager at City Council Meetings
In providing direction to the City Manager and staff during City Council meetings, the City Council should ensure that direction and motions provide unambiguous policy direction, Section 3. Communication Protocols
Effective communication brings individuals together to achieve desired outcomes, and it requires clear sharing of information and attentive listening. Successful communication builds and maintains strong relationships, develops reciprocal trust, promotes transparency, supports understanding with the community, and facilitates good decision-making. As importantly, effective communication reduces misunderstanding and decreases the potential for conflict.
ITEM 16.3.
ATTACHMENT 3
Section 3. Communications Protocols Page 8
including specificity and scope of the desired action. If a motion seems unclear, City Council members should ask for clarification to be sure all agree on the proposed direction.
Communication between City Council Members
City Council Members should treat each other with dignity and respect and observe a high level of professional decorum both on and off the dais. This respectful approach supports a productive sense of camaraderie and sets an example for civil decorum in City Council meetings.
Brown Act
The California open meeting law, commonly known as the "Brown Act," requires all City Council meetings to be open to the public (subject to a few limited exceptions). A meeting is defined as any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss, and deliberate upon any item that is within the subject matter jurisdiction of the legislative body. Accordingly, meetings or discussions between three or more members of the Folsom City Council could violate the Brown Act if such meeting is to discuss any matter within the subject matter jurisdiction of the City Council (e.g., City parks and recreation programs, budget, staffing, streets and traffic, public improvements, or private development projects, etc.) without first complying with agenda- posting and noticing requirements of the Brown Act.
Meetings subject to the Brown Act are not limited to face-to-face gatherings. They also include any communication medium or device (for example, telephone conversations, text messages, social media postings, etc.) through which a majority of the City Council discusses, deliberates, or acts on an item of business outside of a noticed meeting.
Communication technologies present particular Brown Act challenges. For example, standard email practices of forwarding or replying to messages can easily lead to a serial meeting prohibited by the Brown Act, as can participation by a majority of the Council members in an internet chatroom, social media format, a Facebook page posting, or blog dialogue.
Social Media
City Council members should use the same professionalism and sound judgment exercised in public meetings when communicating on social media. Beyond standards of professionalism, City Council members should also be mindful of legal restrictions on their social media activity.
In 2020, State legislation (AB 992) amended the Brown Act to address public officials' use of social media, and two particular elements are essential to keep in mind. First, AB 992 clarifies that a public official may have their separate conversation on social media platforms to answer questions, provide information to the public, or solicit information ITEM 16.3.
ATTACHMENT 3
Section 3. Communications Protocols Page 9
from the public regarding a matter within the legislative body's subject matter jurisdiction.
However, this is legally permissible as long as a majority of the members of the legislative body do not use the social media platform to discuss among themselves of the same matter, including making posts, commenting, and even using digital icons that express reactions (i.e., emojis, "liking", thumbs up, thumbs down, etc.) to the discussion made by other members of the legislative body.
Key Point: A City Council member may have their own conversation on social media about a matter within the City Council's subject matter jurisdiction, up to the point when a majority of the City Council members starts to have the same conversation on their own. Once there is a majority of City Council members having their own "separate" conversation on social media about the same subject matter, then those conversations must cease altogether. Simply using a digital icon (such as emojis) constitutes having a conversation under AB 992.
Secondly, AB 992 goes further by prohibiting a member of a legislative body from responding directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body. In other words, if a public official posts a comment in response to another public official's social media post about an agency issue, that could be a Brown Act violation under AB 992 (assuming both public officials serve on the same legislative body). AB 992 covers commonly used social media platforms such as Facebook, Instagram, Snapchat, Twitter, blogs, TiKTok, and Reddit.
Key Point: Be careful not to comment on another City Council member's posting on social media, including posting comments, retweeting, "liking," "disliking," responding with positive or negative emojis, and reposting. Violations of the Brown Act can potentially lead to invalidation of future City Council actions, payment of a challenger's attorney fees, and even criminal prosecution for the offender.
Keeping Each Other Informed of Activities and Reporting on Regional Agency Action City Council members should proactively keep each other informed of their City-related activities in the community and the region. City Council members should also report on important discussions and actions from the regional agencies they serve. This reporting of activities and actions is best accomplished at a City Council meeting either during discussion of related agendized items or during the Council Comments segment of a meeting.
The proactive sharing of activities contributes to the collaborative nature of the City Council's work and respects the role of all members. Importantly, this sharing of information honors the standard that no single City Council member "owns" a particular ITEM 16.3.
ATTACHMENT 3
Section 3. Communications Protocols Page 10
issue or effort. It also reinforces the notion that all members have an equal voice and standing on all matters affecting the City.
Communication between City Council Members and the Public
Speaking for "the City"
When a City Council Member is requested to speak to a group or is asked the Council's position on an issue, the response should reflect the Council's position as a whole as taken in open session. Of course, a member may clarify their vote on a matter by stating, "While I voted against 'X,' the City Council voted in support of it." When representing the City at meetings or other venues, those in attendance must understand the Council's position as well as the position of an individual member.
Safeguarding Confidential, Sensitive and Closed Session Information Confidential or sensitive City information, including closed session materials and discussions, shall not be disclosed in any circumstances, including via electronic communication.
Correspondence
Members of the City Council will often be called upon to write letters to residents, businesses, or other public agencies. Typically, the Mayor will transmit the City's position on policy matters to outside agencies on behalf of the City Council. Individual members of the Council will often prepare letters for constituents to respond to inquiries or provide requested information. City letterhead is available for this purpose, and staff can assist in the preparation of such correspondence. Requests for assistance should be made to the City Manager.
On occasion, members may wish to transmit correspondence on an issue upon which the Council has yet to take a position or has no position. In these circumstances, members should indicate either in correspondence or verbally that they are not speaking for the City Council as a whole, but for themselves as a private citizen or as one member of the Council.
Council Members should avoid expressing opinions that could be perceived as biased or creating an appearance of bias when communicating about a matter that has the potential of coming before the Council for action.
After the City Council has taken a position on an issue, official City correspondence related to the issue should reflect this position. Similar to verbal communication standards, a City Council member who disagrees with the majority opinion may express their position by indicating that, "While I voted against 'X,' the City Council voted in support of it." In ITEM 16.3.
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Section 3. Communications Protocols Page 11
addition, City letterhead and staff support cannot be utilized for any personal purpose or in the Council Member's own campaign, including letters of recommendation.
Representing the City on Regional Agencies
City Council members are assigned to represent the City on a variety of regional agency boards and commissions. Active participation by City Council members on regional agencies ensures the City's interests are adequately represented, advances Folsom's standing in the region, and allows City Council members to gain additional experience while developing connections with leaders from other jurisdictions. City Council members should exhibit the same dedication to regional agency meetings as they do to Council meetings through regular attendance, knowledge of the agenda, and engagement in policy discussions. If a City Council member is unable to attend a meeting, they should advise the alternative representative.
Assignments to regional agencies are generally proposed by the Mayor and require the concurrence of the City Council. Care should be taken to distribute the workload as evenly as possible and capitalize on subject matter expertise. Keeping regional assignments as consistent as possible year-to-year maintains the City's knowledge and seniority on regional agency.
Council meetings provide an opportunity to "report out" on regional activity so that all City Council members, staff, and the public are fully informed. See “Keeping Each Other Informed of Activities and Reporting on Regional Agency Action” earlier in this section for additional details.
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ITEM 16.3.
ATTACHMENT 3
Section 4. Council Meetings Protocols Page 12
Conducting Open Meetings
Folsom City Council meetings are held in compliance with the California Brown Act, which prescribes requirements for open and public meetings, notice of meetings, public participation, and general agenda title guidelines.
Placing an Item on the Agenda
Folsom Municipal Code section 2.06.070(A)(1) places the responsibility to develop the agenda for City Council meetings on the Mayor and the City Manager.
Generally, items placed on the agenda will be generated by staff, but occasionally items may be proposed by either a City Council member or a member of the public.
Agenda Items Proposed by a City Council Member
A City Council member may request an item be placed on a future agenda by contacting the Mayor or City Manager. When the proposal entails wholly new policy direction or an issue that has not previously been considered, the Mayor and City Manager may place the item on an agenda to seek preliminary consensus from the City Council whether to investigate the proposal further. Staff will not conduct research or prepare a staff report until receiving direction to do so from the City Manager.
The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know.
The people insist on remaining informed so that they may retain control over the instruments they have created.
California Brown Act
Section 4. Council Meeting Protocols
ITEM 16.3.
ATTACHMENT 3
Section 4. Council Meetings Protocols Page 13
Agenda Items Proposed by Members of the Public
A member of the public may propose an item be placed on a future agenda by contacting a City Council member, pursuant to Folsom Municipal Code section
2.06.070(A)(2). The City Council member should communicate the request to the Mayor and City Manager for appropriate handling and scheduling.
Rules of Order
The City Council generally meets twice per month to conduct the public’s business, and it is essential that meetings be orderly, efficient, and well-run. The City Council may establish and adopt by resolution its meeting procedures, and as to matters not covered by Council-adopted procedures, the Folsom Municipal Code provides that those matters shall be governed under the most current edition of Robert’s Rules of Order. The Mayor presides over meetings of the City Council; in the absence of the Mayor, the Vice Mayor shall preside. In the absence of the Mayor and Vice Mayor, the City Council may designate a senior member of the City Council to serve as temporary presiding officer to facilitate the conduct of the meeting.
City Council Meeting Norms
For most agenda items, the following sequence of steps will occur:
1. Staff presentation
2. Questions from the City Council
3. Public hearing or public comment (depending upon the nature of the item)
4. Follow up questions from the City Council, if any
5. Motion or proposed direction to staff (see below for more detail regarding motions)
6. Discussion by the City Council
7. Vote on motion, or verbal expression of consensus
Certain hearings (such as appeals, community facility district formations, utility rate increases, etc.) may require additional procedures, and the City Attorney will provide appropriate instructions to guide the City Council’s sequence of steps in those instances.
ITEM 16.3.
ATTACHMENT 3
Section 4. Council Meetings Protocols Page 14
Making and Seconding Motions
Direction is given by the City Council through motions, which are verbal tools to focus discussion on proposed action and, eventually, to memorialize City Council direction. A motion supports orderly deliberation and ensures all voices are heard.
Motions should begin with “I move . . .” to make it clear that this is a motion for action. Most staff reports contain staff’s suggested motion-ready language within the “recommendation” section at the beginning of each staff report, but City Council members may make any desired motion. Motions require another City Council member to “second” the motion, which indicates there is interest in taking action on the motion. Motions are seconded by verbalizing “I second the motion”. Any City Council member or the Mayor may make or second a motion.
Before the Mayor asks the City Clerk to call the question, the City Council may continue to discuss and deliberate on the merit of the motion. The maker of a motion has the right to speak so the City Council understands the basic premise of the motion, and to address any argument or opposition to the motion.
The most commonly used motions are:
Motion Type Action Accomplished Language
Main/Original motion The first motion made
which proposes action
“I move that…”
Amending a motion Either adds or subtracts
to the preceding motion
“I move that the motion
be amended by…”
Refer to a commission or
committee
Refers the matter to a
commission or
committee
“I move that the issue be
referred to the
[appropriate commission
or committee]”
Continue or Postpone Continues or postpones
action to a future date
(this can be to a date
certain, or off-calendar to
indicate open-ended
continuation
“I move that the issue be
[continued to [specific
date or off-calendar]”
Previous Question Ends discussion and
compels a vote
“I move the previous
question”
ITEM 16.3.
ATTACHMENT 3
Section 4. Council Meetings Protocols Page 15
Limit Debate Re-focuses lengthy or off-
topic discussion, without
blocking further
discussion
“I move to limit
discussion to [time limit
or topic]”
In addition, a “point of order” question serves to bring discussion that has detoured away from meeting norms back to conformance with proper procedures. The Mayor or any City Council member may call a point of order.
The City Attorney provides advice during meetings in response to legal or procedural inquiries from the Mayor and City Council members. The City Attorney may also assist the City Council in framing complex motions to ensure clarity of intent and legal sufficiency.
Proclamations and Resolutions of Commendation
From time to time, the City receives requests from external parties for proclamations and resolutions of commendations. These requests are generally submitted to the Mayor, as the Folsom Municipal Code identifies the Mayor as responsible for representing the City for ceremonial purposes. If the Mayor approves the request and indicates the item should be placed on a City Council agenda, staff will prepare the appropriate item.
External presentations
From time to time, the City receives requests from external parties to make a presentation to the City Council. Similar to agenda items proposed by members of the public, requests by external parties to make a presentation before the City Council should be communicated to the Mayor and City Manager for appropriate handling and agenda scheduling.
Reporting and Avoiding Conflicts of Interest
The Political Reform Act of 1974 (“the Act”) establishes conflict-of-interest laws in California. The Act limits the receipt of specified gifts and honoraria and promulgates the principle that public officials should perform their duties serving the public in an impartial manner, free from bias caused by their own financial interests or the interests of persons who have supported them. In addition, the Act ITEM 16.3.
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Section 4. Council Meetings Protocols Page 16
sets up a mechanism whereby assets and income of public officials which may be materially affected by their official actions shall be disclosed and in certain circumstances the officials are disqualified from acting within their official capacity so that conflicts of interest may be avoided.
To determine whether a conflict of interest exists under the Act, the California Fair Political Practices Commission (FPPC) prescribes a four-step process, which is complex and time-consuming to properly analyze. The four considerations are:
STEP 1: Is it reasonably foreseeable that the governmental decision will have a financial effect on any of the public official’s financial interests? STEP 2: Will the reasonably foreseeable financial effect be material? STEP 3: Will the material financial effect on the public official’s financial interest be indistinguishable from its effects on the public generally? STEP 4: Is the public official “making, participating in making, or in any way attempting to use his or her official position to influence the governmental decision”?
Key Point: It is of paramount importance that City Council members consult with the City Attorney to determine the existence of a conflict of interest.
This consultation should happen before a City Council meeting when a possible conflict exists related to an agendized item. The City Attorney will assist City Council members in determining whether a conflict of interest exists. If a conflict exists, and no exceptions apply, disqualification is required. The rules and interpretation are complicated, and the Act deals with conflict-of-interest situations on a transactional, or case-by-case, basis. This means that situations must be assessed for possible conflicts of interest in the light of their individual facts. The Act demands continual attention on the part of officials. They must examine each transaction to determine if a conflict of interest that triggers disqualification exists.
When a conflict is determined to exist in relation to an agendized item before the City Council, the conflicted City Council member must:
1. Publicly identify the nature of the conflict / financial interest that causes the conflict (except that he or she need not disclose the street address of a residence);
ITEM 16.3.
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Section 4. Council Meetings Protocols Page 17
2. Recuse from discussing and voting on the matter; and
3. Leave the meeting room and refrain from participating in discussion of the item until after the decision has been made
a. Exception: Conflicted City Council members do not need to leave the dais for items on the Consent Calendar, but they still must disclose the nature of the conflict / financial interest and refrain from voting on that item
Companion Documents
The City Council has previously approved the below-referenced policies, which should be considered as companion documents to this Governance Manual.
1. Resolution No. 9689 – A Resolution of the City Council of the City of Folsom Relating to City Council Meetings, Proceedings, and Business (2015)
2. Resolution No. 7788 – A Resolution Adopting a Code of Ethics Appliable to the City Council, City Commissions and Committees (2006)
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ITEM 16.3.
ATTACHMENT 3
Approved by Resolution No. 7788 (2006) Page 1 of 4
City of Folsom Code of Ethics and Conduct for
Elected Officials, Commission and Committee Members
Statement of Purpose:
The City Council for the City of Folsom desires the highest level of ethical conduct for the members of the City Council and members of appointed commissions and committees. The residents and businesses of the City of Folsom are entitled to fair and accountable local government and to be represented by public officials who act in an ethical manner. The City of Folsom’s strong desire to fulfill this mission therefore requires that:
• Public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government; • Candidates for City Council positions should adhere to high ethical standards; • Public officials be independent, impartial and fair in their judgment and actions; • Public office be used for the public good, not for personal gain; and • Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.
To this end, the City Council for City of Folsom has adopted this Code of Ethics and Conduct (Code of Ethics) for elected officials and members of appointed commissions and committees to assure public confidence in the integrity of local government and its effective and fair operation. It is intended that this Code of Ethics apply to the designated public officials and candidates for the City Council. The goal of this Code of Ethics is to promote ethical behavior and to set ethical standards, rather than be penal in nature. Asserted violations of this Code of Ethics shall not be grounds to void any action taken by the City Council, commissions or committees. Nothing in this Code of Ethics is intended to limit any powers, rights or authority inherent in the City Council.
Members of the public seeking election to the City Council or appointment to commissions and committees are strongly encouraged to endorse and comply with the provisions of this Code of Ethics.
City Council members and members of appointed commissions and committees are referred to generally as “Public Officials” in this Code of Ethics.
1. Act in the Public Interest
Recognizing that the public interest must be their primary concern, Public Officials will work for the common good of the people of the City of Folsom and not for any private or personal interest.
They will assure fair and equal treatment of all persons, businesses and interests coming before the City of Folsom City Council, commissions, and committees. The professional and personal conduct of Public Officials must be above reproach and avoid even the appearance of impropriety.
ITEM 16.3.
ATTACHMENT 4
Approved by Resolution No. 7788 (2006) Page 2 of 4
2. Comply with the Law
Public Officials shall comply with the laws of the nation, the State of California, and the City of Folsom in the performance of their public duties. These laws include, but are not limited to: the Constitutions of the United States and California; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, open processes of government; and the City of Folsom Charter, Municipal Code and Resolutions.
3. Respect for Process
Public Officials shall perform their duties in accordance with the processes and rules of order established by the City Council, commissions, and committees governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the City Council by City staff.
4. Decisions Based on Merit
Public Officials shall base their decisions on the merits and substance of the matter at hand. Public Officials shall prepare themselves for public issues and listen courteously and attentively to all public discussions before the body.
5. Communication
Communication with the public is an important aspect of open and responsive government. While balancing the desire for open government and the need to preserve due process, Public Officials should avoid improper ex parte communications with parties when the official is sitting in a quasi- judicial role.
Public Officials shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the City Council, commissions and committees, the staff or public and otherwise interfere with the orderly conduct of meetings. This provision is not intended to limit the right of a Public Official to comment on the manner in which the business of the City is being conducted.
6. Conflict of Interest
In order to assure their independence and impartiality on behalf of the common good, public officials shall not use their official position to influence government decisions in which they have a material financial interest. Public Officials shall comply with state law, the City Charter and the Municipal Code regarding disclosure and avoidance of conflicts of interest.
7. Gifts and Favors
Public Officials shall comply with the requirements of the Political Reform Act relating to the acceptance and reporting of gifts.
ITEM 16.3.
ATTACHMENT 4
Approved by Resolution No. 7788 (2006) Page 3 of 4
8. Confidential Information
Public Officials shall respect the confidentiality of information concerning City property, personnel or proceedings of the City, including information received in Closed Session meetings of the City Council. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal interests.
9. Use of Public Resources
Public Officials shall not use public resources for private gain or personal purposes. Public Officials shall not utilize the City’s name or logo for the purpose of endorsing any political candidate or business.
10. Political Contributions
A member or candidate for City Council shall not solicit contributions or endorsements from City employees. This provision is not intended to interfere with an employee’s right to endorse or contribute on his/her own or to prohibit soliciting contributions or endorsements from employee bargaining units.
11. Representation of Private Interests
In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any board, commission, committee, or proceeding of the City, nor shall members of commissions or committees appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies.
12. Advocacy
Public Officials shall represent the official policies or positions of the City Council, commission, or committee to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, officials shall explicitly state they do not represent their body or the City of Folsom.
13. Policy Role of Members
Public Officials shall respect and adhere to the council-manager structure of the City of Folsom as outlined in the City’s policies and procedures and follow the City of Folsom’s Charter and Municipal Code with respect to the City Manager’s relationship with the City Council. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by the public, commissions and committees, and City staff. Except as provided by the City Charter or ordinance, Public Officials shall not interfere with the administrative functions of the City or the professional duties of City staff, including the City Manager’s responsibility to address personnel matters; nor shall they impair the ability of staff to implement Council policy decisions.
ITEM 16.3.
ATTACHMENT 4
Approved by Resolution No. 7788 (2006) Page 4 of 4
14. Independence of Commissions and Committees
Because of the value of the independent advice of commissions and committees to the public decision-making process, members of City Council shall refrain from using their position to unduly influence the deliberations or outcomes of commission or committee proceedings.
15. Positive Work Place Environment
Consistent with the City of Folsom’s Core Values, Public Officials shall support the maintenance of a positive and constructive work place environment for City employees and for residents and businesses dealing with the City. Public Officials shall recognize their special role in dealings with City employees and refrain from creating the perception of inappropriate direction to staff.
16. Harassment and Discrimination
The City of Folsom is committed to providing an environment that is free from unlawful discrimination, including discrimination or harassment that is based on any legally protected status.
Public Officials shall not engage in any form of harassment as that term is defined in the City of Folsom Personnel Rules and Regulations. The City will not tolerate any form of discrimination or harassment that violates this policy. This policy forbids any unwelcome conduct that is based on an individual's age, race, color, religion, sex, national origin, ancestry, marital status, sexual- orientation, veteran status, physical or mental disability, legally protected medical condition or association with anyone who has, or is perceived to have, any protected characteristic, or any other basis protected by state, federal or local law.
17. Implementation of the Code of Ethics
The City of Folsom Code of Ethics expresses standards of ethical conduct expected for members of the City of Folsom City Council, commissions and committees. Public Officials themselves share the responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government.
ITEM 16.3.
ATTACHMENT 4
ITEM 16.3.
ATTACHMENT 5
ITEM 16.3.
ATTACHMENT 5