City of Torrance
COMMISSION GUIDE
rev. 06/21
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Table of Contents
Introduction ..............................................................2 Torrance Vision .........................................................3 Citizen Preamble.......................................................4 Mission Statement.....................................................5 Values ............................................................................6 A Brief History of the City...................................8 Basic City Organization.........................................9 City Council of the City of Torrance ........... 10
Other Elected Officials ..................................... 11 Appointed Officials .............................................. 11 City Departments................................................... 12 City Hall Hours of Operation .......................... 16 Elected and Appointed Officials..................... 17 Commission Structure.......................................... 18 Commission Policies and Procedures.............. 23
Fiscal Procedures .................................................. 29 Legal Procedures................................................... 32 Member Contribution .......................................... 33 Community Outreach........................................... 36 The Ralph M. Brown Act...................................... 37 Social Media ............................................................ 39 Council Agenda Process...................................... 40 Budget Process Flowchart................................. 41 Commission Annual Report to the Council . 42
Conflict of Interest ............................................. 44 Code of Ethics ........................................................ 45 – 2 –
Introduction
I join my colleagues on the Torrance City Council in thanking you for your interest in becoming a City Commissioner. Your willingness and commitment to serve your community is greatly appreciated and we thank you.
The expertise and guidance that City Commissions provide the City Council as the final decision‑making body is very important and relied upon heavily by Council when issues are discussed.
Historically, commissions and councils were created for the purpose of overseeing distinct issues and subjects affecting a city. Although commissions are unique to themselves, there are procedures, protocols and policies that are common to all of them.
In order to assist commissioners in becoming familiar with standard procedures and protocol, this Commission Manual has been developed.
It provides a general orientation of a “commissioner’s” role and responsibilities. I urge you to take time to familiarize yourself with the manual and to use it as a reference guide as the need arises.
Your dedication to the well being of the City of Torrance and its citizens is highly valued. Once again, on behalf of the City Council, thank you for your participation in this process.
Patrick J. Furey
Mayor
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Torrance Vision
Our vision for Torrance is of a premier City thriving in a global community while building on the past, taking action in the present, and pursuing a dynamic future.
Realizing our vision depends upon:
• Encouraging and providing for the pursuit of knowledge and culture;
• Acknowledging and pursuing the value of diversity;
• Improving the quality of life in the City of Torrance; • Enhancing community safety and security;
• Striving to attain a balance among residential,
commercial, and industrial interests;
• Strengthening the character and appearance that defines Torrance as a model community; and
• Pursuing opportunities to innovatively address
economic, social, environmental and political issues.
Our steadfast commitment is to a future where we realize pride of shared purpose and a sense of community with personal responsibility and respect for all. It will be a place where people enjoy an enriched quality of life, sharing a sense of belonging. – 4 –
Citizen Preamble
As members of the Torrance community, we believe it is our responsibility to communicate our hopes and expectations to the City through active participation in our civic, educational, economic and cultural activities.
We respect the dignity, rights and positive contributions of the individual.
We take pride in and responsibility for the appearance and character of our community.
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Mission Statement
The mission of the City of Torrance is to encourage and respond to community participation as we provide for an attractive, clean, safe, secure and enriching environment that assures a high quality of life.
We evaluate and act on the needs of the community within a complex, changing environment. We provide quality service with integrity, professionalism and accountability in an efficient, costeffective manner. – 6 –
Values
• Demonstrate respect for ourselves and others
• Practice honesty and integrity
• Encourage creativity and innovation
• Work to build and maintain public trust
• Be dedicated, responsive, and transparent in our dealings • Be responsible and accountable for our actions
• Recognize the benefits of diversity in all aspects of the community • Foster community pride and excellence
• Care for and conserve our environment
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Serving the Public Trust
City of Torrance
Public employees have a responsibility to uphold the public trust.
This responsibility demands the highest standards of conduct and dedication to our individual work assignments. The City will endeavor to create a workplace free from conflicts of interest, or the use of inappropriate influence inside or outside the immediate work environment. § As an expression of the concern and respect of the City for its citizens, we are expected to be courteous and helpful in our contact with the public and to present ourselves in a professional manner. Complaints and inquiries should be handled in a prompt, business-like way. § We report for work at the appropriate time, neatly dressed and properly equipped. For the protection of employees and the public we serve, we observe safety regulations and wear appropriate safety gear. We are responsible for maintaining a clean, neat and safe work environment. § We have an obligation to remain objective and to render impartial service. The acceptance of any gift or gratuity from any business or individual that could reflect poorly on the integrity of the City is to be avoided. § Equipment and supplies are provided to serve the citizens. Misuse or abuse of equipment diminishes the quality of service that can be provided. Personal use of supplies and equipment is a misuse of public funds. § Appropriate social interaction in the workplace is beneficial. However, we should avoid lengthy conversations or visits. Socializing which diminishes productivity deprives the public of the service it deserves. § We in public service have a special and important role. We are expected to observe and respond to community needs. In the event of a major disaster, we are disaster service workers. In time of need, we are subject to additional duties as required. We are visible and expected to assist the public whenever possible.
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A Brief History of the City
Jared Sidney Torrance
founded the City of Torrance in
1912 when his land development
company purchased 2,791 acres
from the Dominguez Estate
Company. The purchased land
was originally a small part of the
Spanish land grant known as
Rancho San Pedro and given to
Juan Jose Dominguez in 1784.
The newly-developed industrial
town provided housing for
500 people. By 1921, when the
City was incorporated, it had
a population of approximately
1,800 residents. The original
Torrance City Charter was
voted on and ratified by a vote
of the people on August 20, 1946. The Charter was subsequently filed with the Secretary of State on January 7, 1947.
Early development in the City was marked by the discovery of oil, a planned industrial expansion, and various land annexations. These events paved the way for Torrance to become one of the largest cities in Los Angeles County today with a population of approximately 148,500.
Torrance strives to maintain its founding father’s concept of a wellbalanced community in which business, industry, finance, government and residents work together to create a spirit of community.
The City currently comprises a land area of 20.54 square miles (or 13,146 acres). Not only is the City a leading industrial center in the Los Angeles area, but it is the commercial hub for the greater South Bay communities, serving a combined 24-hour population of approximately 500,000 people. – 9 –
Basic City Organization
Torrance is a Charter City operating under the
Council/City Manager form of government. This sets
forth certain guidelines for the City’s government. In
addition, Torrance is recognized as a “full service city.” Torrance does not contract out for major city services as do many other local cities. Torrance has its own police and fire departments, as well as a library system, public works operation and community services.
In addition to the services normally provided by City
government, Torrance has a number of “businesses” which it operates. These include an airport, refuse system, water company, cable television system, and transit system.
City Council
(Elected)
Community
Development
Community
Services
Finance
Fire
General
Services
Police
Public Works
Transit
Information
Technology
City Manager
Staff
City Treasurer
(Elected)
City Clerk
(Elected) City Manager City Attorney
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City Council of the City of Torrance
The City of Torrance has a seven member City Council. Previously, each Councilmember was elected “At-Large” and that allowed them to live anywhere in the City. In 2020, Districts 2, 4, and 6 seats were elected and the councilmember is required to live in the district they serve. In 2022, Districts 1, 3, and 5 will be elected. The people also elect the Mayor who serves the City “At-Large.” The Mayor and Councilmembers serve a four‑year term with elections being held every two years. They may only serve a maximum of two consecutive terms.
The function of the City Council is to develop policies that the City implements. The Council passes laws referred to as ordinances, adopts the budget, authorizes expenditures, approves fees, secures revenues, plans for the long‑range development of the community and makes zoning and land use decisions, acts as the Redevelopment Agency and as an appellate body for decisions made by Commissions.
Councilwoman
Heidi Ann Ashcraft
At-Large
Councilwoman
Sharon Kalani
District 4
Councilman
Aurelio Mattucci
At-Large
Councilman
Mike Griffiths
District 6
Vacant
At-Large
Mayor
Patrick J. Furey
Councilman
George K. Chen
District 2
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Appointed Officials
The City Council appoints a City Manager who is
responsible for administering policies, managing the efforts of City departments and enforcing budget controls. All
department heads report to the City Manager except for
the City Clerk, City Treasurer, and the City Attorney. The City Manager’s Office also acts as a department overseeing the Cable Television Division and economic development
activities as well as departmental and operational support for Human Resource responsibilities.
Other Elected Officials
The City Treasurer is an elected official of the City. The City Treasurer is responsible for the receipt and deposit of all City monies and for the investment of funds as
prescribed by the City’s Investment Policy. In addition the City Treasurer is the Plan Administrator for the City of Torrance Deferred Compensation Plans.
The City Clerk is an elected official of the City. The City Clerk attends all Council meetings as Clerk of the Council, is responsible for the safekeeping of official City records, is guardian of the City Seal and conducts municipal elections.
Rebecca Poirier
City Clerk
618-2870
Dana Cortez
City Treasurer
618-5801
Aram Chaparyan
City Manager
618-5880
The City Council appoints a City Attorney who acts as
legal advisor to the Mayor, City Council, City Manager
and Commissions. The City Attorney’s Office is divided
into three divisions: Civil Litigation, General Advice, and Criminal Prosecution. The Office represents the City in civil cases and in lawsuits where the City is a party to the lawsuit. In addition, the City Attorney prosecutes state law misdemeanors and municipal code violations within the City of Torrance.
Patrick Q. Sullivan
City Attorney
618-5810
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The Communications and Information Technology
(CIT) Department’s Information Technology Division is
responsible for planning, implementing, maintaining, and supporting the City’s 800+ personal computer (PC) and
network environment, providing access to and supporting the City’s business applications, office automation software, Internet/Intranet connectivity, email system, and end-user computer training. The Communications Division within
CIT maintains over 1,000+ communication network connections, 3,800+ telephone handsets and devices, all backroom telephone switches, and the telephone voicemail system for 25 locations throughout the City. They also support and maintain nearly 2,000 two-way broadcast and mobile radio devices used by police, fire, transit, and local government departments.
City Departments
In addition to the elected and appointed offices, there are ten City departments responsible for providing a variety of services to the community.
Vacant
Information
Technology Director
618-2880
The Community Development Department is divided into
three divisions: Planning and Environmental; Permits and Records, Comprehensive Planning and Redevelopment;
and Building and Safety. These divisions work in
combination to guide, regulate and plan development in
the City.
The Planning and Environmental Division provides
information to the public on zoning and development issues, reviews land use entitlement and sign requests, administers the California Environmental Quality Act (CEQA), handles complaints from the public on a variety of land use code enforcement issues and serves as liaison to the Planning and Environmental Quality and Energy Conservation Commissions (PEQECC).
Closely related is the Permits and Records, Comprehensive Planning and Redevelopment Division. Staff in this division are focused on the maintenance of the General Plan for the City and the four redevelopment project areas. The Deputy Community Development Director assists in the administration of these divisions, and the City’s 690 Section 8 Voucher Choice Program.
Danny Santana
Community
Development Director
618-5990
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The role of the Finance Department is best described
by the Department’s mission statement, “To protect the
City’s assets while providing and supporting the Torrance community with sound financial advice in a timely, costeffective and professional manner.” The Department provides a variety of services, which include but are not limited to, accounting, financial reporting, accounts
payable and receivable, auditing, billing, budgeting, business licensing, financial analysis, forecasting, payroll, purchasing, and revenue collection.
The Finance Department also has the responsibility of the City’s Risk Management Services.
The Building and Safety Division reviews building permit applications and conducts inspections of construction projects. The division issues permits for construction in the public right-of-way and inspects those projects as well as certain City initiated capital projects.
The Community Services Department provides a wide
range of informational, recreational, cultural, and
educational programs and services for persons of all ages and abilities with an emphasis on serving the City’s youth.
In addition, the department is responsible for providing proper management, maintenance, and stewardship of the
City’s libraries, recreational facilities, parks, landscaped areas, and natural resources.
The Community Services Department also provides primary staff to the Commission on Aging, Community Services Commission, Cultural Arts Commission, Library Commission, Parks and Recreation Commission, Youth Council, Torrance Rose Float Association, Torrance Sister City Association, Library Foundation, Cultural Arts Foundation, Friends of the Torrance Library, and Friends of the Madrona Marsh.
John La Rock
Community Services
Director
618-2930
Sheila Poisson
Finance Director
618-5850
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The General Services Department is organized into three divisions which provide a wide array of services to the City and the public.
The Facility Operations Division handles the administration and maintenance of Airport hangars, the Cultural Arts
Center, and various aspects of the City Yard. This division also provides reprographic support, graphic design, and mail distribution for all City departments. The Fleet Services Division maintains all City vehicles, excluding buses, and is also responsible for the Warehouse, which carries many stock items used by City departments. The Facility Services Division oversees construction projects for City facilities, manages the graffiti removal program, and provides ongoing maintenance to over 100 City buildings and structures.
In total the General Services Department is a culmination of many different fields and professionals working in unison with the goal of serving the community and the City in a cost-effective, efficient, and courteous manner.
The Fire Department provides Life Safety, Environmental Protection, and Property Conservation to the community.
The Department accomplishes these services through
Education, Hazard Reduction, and Emergency Response.
The Fire Department is organized around ten programs
which are: Fire Suppression Services, Emergency Medical Services, Hazardous Material Emergency Services, Technical Rescue Systems, Special Community Response Services, Communications, Fire Prevention, Hazardous Material Administration, Public Education, and Direction and Control.
There are six fire stations located throughout the City, with the Fire Prevention Division / Hazardous Material Division located in the City Hall complex. The Fire Department staffs seven fire engines, two fire trucks, four paramedic rescues, and an air and lighting unit. The Department has a Hazardous Material Response vehicle, Urban Search and Rescue vehicle and other miscellaneous vehicles. Department members are involved with numerous commissions, organizations, and outreaches in the community.
Martin Serna
Fire Chief
781-7000
Shant Megerdichian
General Services
Director
781-7140
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The Public Works Department manages the City’s infrastructure including street maintenance, traffic and lighting, storm drains, water operations, sanitation, and landscaping and is responsible for design and construction of capital projects within the public right-of-way. The Department is divided into five divisions consisting of Street Operations, Sanitation, Streetscape, Water, and Engineering.
The Street Operations Division manages traffic and lighting, pavement, sidewalks, as well as airport field area. Sanitation oversees residential refuse and recycling collection, wastewater maintenance, street sweeping, and storm drain maintenance and cleaning. The Streetscape Division is responsible for the planting, cultivating and maintenance of trees, shrubs, lawns, and landscape plants in the public right-of-way. The Water Division operates and maintains the City’s municipally-owned water system. The Engineering Division designs and manages capital improvement projects for all of the City’s infrastructure systems. The Public Works Department also advises the Traffic and Water Commission.
The Transit Department’s mission is to provide reliable, safe, inexpensive and courteous transportation to our
customers—the people who live, work and do business in the City of Torrance. The Transit Department offers a variety of transportation services to its residents: the Torrance Transit System, and the Torrance Community Transit Program,
which includes Torrance Dial-A-Taxi and Torrance Senior Taxi Service.
The Police Department is responsible for enforcing state and local laws, investigating crimes, providing education on safety issues, crime prevention and maintaining a general order in the City. The Department responds to community policing through traffic, patrol, investigations, special services and strategic planning functions.
Jay Hart
Incoming Police
Chief
618-5705
Craig Bilezerian
Public Works
Director
781-6900
Kim Turner
Transit Director
618-6245
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The Torrance Transit System operates a fleet of 53 buses across eight local and regional fixed routes. More than 14,000 patrons board Torrance Transit buses every weekday and over five million passengers board annually.
The Department’s eight routes serve the City of Torrance and portions of the following cities and jurisdictions: Los Angeles, Long Beach, Gardena, Lomita, Harbor City, El Segundo, Carson, Redondo Beach, Wilmington and the Los Angeles International Airport.
Additionally, the Transit Department operates Torrance Dial-A-Taxi Service and Torrance Senior Taxi Service. Dial-A-Taxi provides demand response, door-to-door transportation to the physically challenged residents of Torrance, while Senior Taxi provides low cost, door-to-door service for Torrance seniors age 65 and older.
City Hall Hours of Operation
City Hall operates on a 9/80 work schedule, which means City Hall is closed on alternate Fridays. Employees work nine hours per day, Monday through Thursday, and eight hours on the Friday worked, totaling 80 working hours over a two‑week period.
Most departments and employees at the Civic Center are on a 9/80 work schedule, maintaining work hours of 7:30am to 5:30pm for the days City Hall is open. The safety departments (Police and Fire) and divisions such as Park Services and the Library work different schedules to provide coverage throughout the week and weekends.
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City of Torrance
Electorate
Social Services
Commission
Planning Commission Parks and Recreation
Commission Library Commission
Environmental Quality
and Energy Conservation
Commission
Cultural Arts
Commission
Commission
on Aging
Civil Service
Commission
Historic
Preservation
Airport Commission
City Manager City Attorney
City Clerk City Council City Treasurer
Water Commission
Youth Council
Traffic Commission
City of Torrance
Elected and Appointed Officials
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Commission Structure
A commission is a group of qualified Torrance residents, usually seven in number, appointed by the City Council to assist in specific areas. Currently, there are thirteen commissions in the City of Torrance that are identified and discussed in the Municipal Code. Commissions may also be referred to as a “Board” or “Council” (i.e., Youth Council).
The primary responsibility of each commission is to ensure that City government is responsive to the needs of the people. In addition, commissions perform the duty of reviewing City department activity.
Finally, commissions assist the City Council in achieving the overall goals of the community.
The commission chair is elected by the commission members and serves a one‑year term. The election process is conducted at the beginning of the new fiscal year and during the first commission meeting of that year. The fiscal year extends from July 1 through June 30.
In general, however, it is the function of each commission to assist the City Council by submitting recommendations for Council review and consideration. Pursuant to the City Charter, actions approved by the commission may be appealed to the City Council.
Outlined below are some areas in which commission members focus their attention:
A. Providing in‑depth analysis of specific problems
B. Creating a forum to encourage broad citizen participation C. Assessing specific departmental matters, while taking into consideration the overall direction of the City
D. Acting as a review body for department operations
E. Providing in‑depth analysis of issues that will be brought forward to the City Council for action
The following is a brief description of each City Commission, as well as the appropriate section of the Torrance Municipal Code. – 19 –
Airport Commission – (TMC 13.4.1)
Liaison: General Services
The Airport Commission advises the City Council on matters concerning the Torrance Municipal Airport such as commercial and industrial development at the airport, leasing of airport land, special events to be held at the airport, the airport disaster plan, and airport noise. The Airport Commission also provides a public forum for discussion of all airport related issues and concerns.
Civil Service Commission – (TMC 13.10.1)
Liaison: Civil Service Staff
The Civil Service Commission is a seven member governing body with authority over Civil Service positions. The Commission approves testing plans to fill positions for City employment; reviews new and revised classifications (job descriptions); and serves as an appellant board on matters regarding the employee selection process, appeals of below standard performance evaluations, and disciplinary actions. A sub-committee of the Commission, the Employee Relations Committee assigns newly created positions to employee representation units.
Commission on Aging – (TMC 13.18.1)
Liaison: Community Services Department
The Commission on Aging makes recommendations to the City Council concerning matters that affect the quality of life of the community’s older adults. Health, transportation, elder fraud and housing are among the issues addressed at the monthly meetings. The Commission on Aging also provides support to the “Focal Point”, an invaluable information and referral program for older adults and their families and caregivers.
Cultural Arts Commission – (TMC 13.15.1)
Liaison: Community Services Department
The Cultural Arts Commission advises the City Council on matters relating to the artistic and cultural development of its citizens. The Commission considers and makes recommendations on programs and events that encourage the participation of all people in the development of their creative skills and promote appreciation of the arts through the provision of expanded educational opportunities.
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Environmental Quality and Energy Conservation Commission – (TMC
13.16.1)
Liaison: Community Development Department
The Environmental Quality & Energy Conservation Commission may make recommendations to the City Council on any matter concerning environmental quality or energy conservation in the City. The Commission has jurisdiction over the sign review process, the removal of abandoned or wrecked vehicles and oversees the Animal Control program. The Commission presents awards for outstanding development, design and maintenance, as well as for exemplary programs in energy conservation.
Historic Preservation Commission – (TMC 3.21.010)
Liaison: Community Development Department
The Historic Preservation Commission shall perform any duties assigned to it by other provisions of this Code. They shall conduct studies, evaluations, and public hearings of applications regarding the designation of a Historic Landmark or Historic District, and make decisions for proposed designations and removal of designations to the local register; keep current and make available a local register of historic resources, and identify through survey potential historic resources; develop, amend, and adopt preservation guidelines applicable to the City, including but not limited to Application requirements and criteria for designation of Historic Landmarks and Historic Districts, Application requirements and standards to be used by the Commission in reviewing project appropriateness applications and appeals, Criteria for surveys and survey updates and amendments; grant or deny Certificates of Appropriateness, Certificates of Demolition and Certificates of Economic Hardship for demolition, new construction, or major alterations of Historic Landmarks and properties within Historic Districts; review appeals of administrative decisions of the Community Development Director; encourage public understanding of and involvement in the unique historical, architectural and cultural heritage of the City through educational and interpretive programs; encourage the cooperation between public and private historic preservation organizations; encourage the protection, enhancement, appreciation and use of structures of historical, cultural, architectural, community or aesthetic value which have not been designated as Historic Resources but are deserving of recognition; may approve designs for plaques or signage that recognize designated Historic Landmarks and Historic District; make recommendations to the City Council on applications for properties to be included in the Mills Act property tax incentive program which may be subject to historic property contracts; grant or make recommendations on applications for preservation – 21 –
incentives; advise the City Council and City commissions on historic preservation issues and environmental reviews that may be pending; perform any other action or activity consistent with the purposes as directed by the City Council. Commissioners will be appointed from specific disciplines.
Library Commission – (TMC 13.3.1)
Liaison: Community Services Department
The Library Commission advises the City Council on all matters concerning Torrance’s public library system, including the acquisition of land and facilities. The Commission is also responsible for promoting use of and interest in the libraries.
Parks and Recreation Commission – (TMC 13.2.1)
Liaison: Community Services Department
The Parks and Recreation Commission advises and makes
recommendations to the City Council on matters pertaining to the provision of recreational, cultural and educational opportunities that are designed to enrich the individual and improve the quality of life in the community. This Commission also considers issues related to the preservation, maintenance and management of the City’s public open space, including parks, landscaped areas and natural resources; offers advice regarding capital improvement projects; and establishes guidelines governing the proper use of the City’s public parks and recreational facilities. The Commission also advises and makes recommendations to the City Council on matters relating to the myriad of community and social service needs confronting residents in the City of Torrance. Special projects of the commission include the development and dissemination of information useful to people living with physical or mental disabilities; and the distribution of grants to local nonprofit social services agencies.
Planning Commission – (TMC 13.1.1)
Liaison: Community Development Department
The Planning Commission is primarily concerned with the orderly growth of the community and problems that deal with the nature and character of land use. To this end, the Commission works with the Planning Department in preparation of master plans and zoning studies that affect the future growth and development of Torrance. It holds hearings and submits recommendations to the City Council on such matters as variances, zone changes, General Plan amendments and subdivisions. In addition, the Commission has the authority to approve conditional use permits, waivers and precise plans, all of which are subject to appeal to the City Council. – 22 –
Social Services Commission – (TMC 13.20.010)
Liaison: City Manager’s Office
The Social Services Commission makes recommendations to the City Council regarding issues of our veterans, homeless population, intellectually challenged adults and special needs children.
Traffic Commission – (TMC 13.9.1)
Liaison: Public Works Department
The Traffic Commission makes recommendations to the City Council regarding street and traffic improvements. This includes the establishment of speed limits, transit and truck routes, the placement of crossing guards and changes to the street system.
Water Commission – (TMC 13.5.1)
Liaison: Public Works Department
The Water Commission is an advisory board to the City Council on water policy matters. It makes recommendations regarding plans for expansion of the City’s water service facilities, as well as the Capital Improvement Program and the Metropolitan Water District. In addition, the Commission advises Council regarding water rate restructuring, procurement of an adequate water supply and other matters concerning water service.
Youth Council – (TMC 13.8.1)
Liaison: Community Services Department
The Youth Council’s primary function is to advise and make recommendations to the City Council on issues that are of interest and concern to the youth in the community. The Youth Council is comprised of two members representing each of the Torrance high schools, Shery, El Camino College, Bishop Montgomery, California Academy of Math and Science, and two members-at-large.
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Commission Policies and Procedures
Appointments
Commissioners are appointed by the City Council. Subsequent to appointment, each commissioner is sworn in by the City Clerk and required to sign the Constitutional Oath of Office. Most commissions consist of seven members and the term of office is usually four years with the following expiration schedule: For three consecutive years, the term of two commissioners expires each year while the term of one commissioner expires the fourth year.
Commissioners may serve two full four‑year terms on the same commission. Partial appointment to any term is not applied to the four‑year term limit. Commissioners may be appointed to a different commission at the conclusion of their term in office, but must wait two years before being eligible for reappointment to the previous commission.
Neither a local elected official nor a City of Torrance employee may be appointed to serve on a Commission. No person may serve on more than one (1) commission at the same time.
Ethics Training
Assembly Bill No. 1234 requires that all local agencies that provide compensation, salary, or stipend to, or reimburses the expenses of members of a legislative body must provide ethics training to local agency officials every two years. The term “legislative body” includes not only the governing body of a local agency, but also a commission, committee, board, or other body of a local agency, whether permanent or temporary, decision-making or advisory.
The law indicates that a qualifying individual has 12 months from the time of appointment or election to complete the training and if public service in the same capacity is to continue, the training must be repeated every two years.
Recognizing the value of this process, the City of Torrance has worked to provide alternatives for receiving the mandatory training and the required certificate of completion as follows:
A. Torrance City Hall in the Council Chamber conducted by the City Attorney
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B. Free online training through the Fair Political Practices Commission website at http://localethics.fppc.ca.gov/ab1234
C. Self-Study Test through the Institute for Local Government D. The League of California Cities training session
Eligible individuals are encouraged to contact the Torrance City Clerk for more information on training schedules.
Harassment Training
The State of California mandates that all appointed officials take one (1) hour of Non-Supervisory Harassment Prevention Training each year.
Removals and Resignations
A member of a commission may be removed from office by a vote of the majority of all members of the City Council. In the event an individual is unable to perform as a commissioner due to health, business or personal reasons, a formal letter of resignation should be submitted to the City Clerk for action. The City Clerk maintains an active file of qualified commissioner applicants. Individuals may not serve concurrently on more than one commission.
Meetings
A. Regular Meetings
The Torrance Municipal Code requires that commissions meet at least once a month. If a regular meeting falls on a holiday, the body does not meet. However, at a meeting prior to the holiday, the regular commission meeting may be adjourned to another date. If a quorum is not present at a regular meeting, consideration should be given to rescheduling the meeting.
The Ralph M. Brown Act (California Code Section 54950 through 54962) requires that the time and place of the scheduled meetings be set forth in rules and regulations of the commission and that an agenda be published 72 hours in advance.
B. Adjourned Meetings
A commission may adjourn any meeting to a time and place specified in the order of adjournment. Such a meeting is considered an “adjourned regular meeting” for purposes of transacting business.
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C. Special Meetings
Pursuant to Municipal Code provisions and the Brown Act, the chair or a majority of the members of the commission may call a special meeting at any time. Written notice must be sent, and received by, each member of the Committee and then given to the City Clerk for publication and posting for the general public’s information. The notice must state the time and place of the meeting, and all business to be transacted or discussed.
The agenda must be posted at least 24 hours prior to the special meeting in a site freely accessible to the public. Only those matters noticed on the agenda for the special meeting may be discussed.
D. Meeting Locale
All commission meetings must be held in public facilities accessible to persons with disabilities. As a matter of Council policy, meeting rooms within the Civic Center should be utilized, except when otherwise approved by the City Council (Civic Center Map, Appendix IV).
E. Committees
Commissions may form committees of less than a majority of its membership to conduct studies and to develop recommendations to be considered by the commission. Committees are bound by the Ralph M.
Brown Act as if it were the commission.
Attendance
A quorum is essential to be able to conduct business. A majority of members of a body forms a quorum. If a quorum is not present, the members who are present may adjourn the meeting. If commission members are not present, staff may adjourn the meeting.
A commissioner should request an excused absence from their commission prior to the absence. In addition, if a member misses more than twenty‑five percent of all regular and adjourned regular meetings in any four consecutive calendar quarters, unless excused in advance by the City Council, the member may be terminated as a commissioner. Members will be deemed absent from a meeting if they are not present for two‑thirds (2/3) of the entire meeting. The City Clerk sends an annual summary of attendance to the City Council.
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Rules and Regulations
At the first meeting of every fiscal year, the members of a commission are to appoint one of their members as chairperson. The chair shall hold office for one year until a successor is appointed. The commission may establish such rules and regulations as it deems necessary for its government and for the faithful performance of its duties. Such rules shall not be in conflict with the City Charter or City ordinances.
The chairperson conducts the meetings in a business format and ensures that reasonable time is allotted to each agenda item. Proponents and opponents and other interested parties must be allowed time to comment on items of concern. Policies or rules prescribed by the City Council should be observed.
Commissions are encouraged to request individuals wishing to address the commission to fill out a “speaker card.” This is an information-gathering tool that greatly enhances the accuracy of recordkeeping efforts. The “speaker card”, however, is not a legal requirement to being heard.
Commission Agenda
One or more administrative staff members may be assigned to a commission by the liaison department and/or City Manager. This individual prepares the commission agenda. Commission agendas must be made available to the public at least 72 hours prior to conducting a meeting.
Therefore, agenda topics should be submitted to staff at least seven working days prior to the scheduled meeting date. No matter may be acted upon unless it is on the agenda.
Minutes
Minutes are to be taken at each meeting in accordance with Council procedures as outlined below. If the City Clerk cannot assign a Recording Secretary to the commission, a staff member should be selected to take minutes.
A. Minutes shall contain a record of the proceedings, motions and actions including date, time, and location of the meeting, those members present, staff present, motions and actions, adjournment time and date, and time and location of the next meeting.
B. Minutes are brief summary style, not verbatim, for the Civil Service and Planning Commissions. All other commissions are action minutes. – 27 –
C. All motions, whether passed or not, shall be recorded with the name of the proposer, the name of the person who seconds the motion and a roll call or voice vote.
D. Reports shall be summarized or mentioned as being presented or voted upon.
E. Minutes of commission meetings shall list all individuals who comment on items.
F. Minutes are a record of transactions; thereby personal opinion should not be incorporated into the minutes.
G. Minutes must be approved by a majority vote of the members and thereafter shall be considered an official record.
H. Corrections to the minutes may only be made in public meetings with the approval of the body.
Summary of Commission Actions
Promptly following a commission meeting, a summary of the commission’s actions will be prepared by City staff and submitted to the City Council and commissioners for review. The summary merely highlights the actions of the commission and is not official minutes. The City Clerk’s office will prepare formal minutes for the commission to approve.
Council Agenda
In order to improve the City Council Agenda process, a draft agenda cover will be prepared one week prior to the Council meeting and will be presented at the Monday morning Agenda meeting.
It is the policy of the City Council that no items shall be placed on the agenda without first being reviewed by the City Manager or his staff.
Therefore, if the commission determines an item must go to the City Council, it is important they notify their staff liaison early to make the appropriate arrangements. The City Manager has the authority to hold items from the agenda until a later date. In addition, Council may pull an item from the agenda at the Council meeting.
It is encouraged that at least one member of a commission or committee attend Council meetings in which the commission has an item before Council for consideration. The commission member should be available for questions from the Council, but does not need to make a presentation to the Council as the agenda item will summarize what occurred at the commission meeting and includes the commission’s recommendation. If a majority of the – 28 –
commission attends a Council meeting, it is a good idea not to sit together to avoid the possibility of discussing items within the commission’s subject matter jurisdiction and to avoid the appearance of conducting a meeting.
If a commission has an item on the Council agenda and no commissioner is present, staff will attempt to answer questions which may be asked by the City Council.
Commissions shall submit an annual report of their activities for the previous year to the City Council. Other reports may be submitted when necessary.
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Fiscal Procedures
Compensation and Reimbursement Expenses
Members of commissions are paid in lieu of their ordinary and necessary expenses at the following rates, which are payable at the end of each calendar quarter:
1. Ten dollars per meeting attended not to exceed four meetings per month:
A. Planning Commission
B. Civil Service Commission
2. Ten dollars per meeting attended not to exceed thirty dollars per quarter:
A. Airport Commission
B. Commission on Aging
C. Cultural Arts Commission
D. Environmental Quality & Energy Conservation Commission E. Historical Preservation
F. Library Commission
G. Parks and Recreation Commission
H. Social Services Commission
I. Traffic Commission
J. Water Commission
K. Youth Council
Compensation is based on attendance as reported quarterly by the chair. These stipends are not considered salaries or wages, but rather reimbursements to commissioners for expenses incurred on official business.
A stipend may be waived by submitting a request in writing to the City Clerk.
Budget
The City Council provides the funds, materials, equipment and accommodations needed for the performance of commission duties. If a budget is provided, the commission is required to operate within budget limitations.
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The City’s fiscal year runs from the 1st of July through the 30th of June.
The City Manager is responsible for presenting a recommended budget to Council for consideration. All items in the preliminary budget package must have the City Manager’s endorsement. The procedure for preparing a commission budget is as follows:
A. In February, a staff member contacts the commission chair to discuss the commission’s budget program for the coming year.
B. If a commission wishes to make any major additions to the coming year’s budget or programs, the proposal should be presented at this time with a written report including all supporting material.
C. After reviewing all factors, the commission prepares a proposed budget for review. The City Manager considers budget proposals in terms of the overall needs and financial position of the City and prepares a recommendation.
D. The recommended budget is submitted at the end of May to the City Council for their consideration. During the month of June, the Council meets in a series of workshops to review the proposed budget and any related data. If a commission disagrees with the City Manager’s recommendation, the members may appear before the Council at this time with additional information or a restatement of their proposal.
E. Public hearings are held in the latter part of June and thereafter the Council adopts the operating budget for the coming fiscal year.
The adopted budget establishes control over the expenditure of funds by the various City departments and commissions. During the fiscal year, the City Council may appropriate additional funds should circumstances warrant such action.
Expenditure of Funds
Commission expenditures should be recommended through formal motion by the commission. Once this motion has been passed, the commission may request departmental staff to prepare and process a purchase requisition or other appropriate documents.
In processing purchase requisitions for unbudgeted items, the City Manager will request justification for the purchase, review the justification – 31 –
and submit a recommendation to the City Council along with the commission’s request, unless the matter is within the fiscal authority of the City Manager.
Authorized expenditures will be made through the City’s standard purchasing procedures. Commissions may not directly incur any indebtedness to the City.
Conferences and Seminars
Per City Council policy, commissioners may be authorized to attend one function annually within the State of California where attendance is considered of public interest. The cost for seminars and conferences must be provided for in the annual budget and meet the following criteria:
A. It must be an organized conference, sanctioned and held by a recognized professional organization concerned with a special field of community services. Such a conference shall be deemed “in the public interest.” B. A commissioner shall participate in no more than one conference per fiscal year.
C. A maximum of two commissioners shall be permitted to attend a conference simultaneously (if no overnight accommodations or air transportation is required).
D. Prior to making a recommendation to the City Manager regarding conference attendance, each commission shall, by vote, determine if attendance at a conference will be of benefit to the City and decide which commissioners should be authorized to attend.
E. All such recommendations must be approved by the City Manager before attendance is authorized. Upon approval, and subject to current City Council travel policies, a travel request form may be filed with the City Manager for a cash advance. Upon return from the conference, an expense report must be filed with the Finance Department.
F. A commissioner shall be reimbursed, within the budget guidelines of their commission, for all actual and necessary expenses incurred.
G. The travel policy, limiting the attendance to in-state conferences only, may be appealed to the City Manager prior to making an appeal to the City Council.
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Legal Procedures
Open Meetings
All actions of a public agency are required by law to be deliberated and conducted openly. The commission must ensure that its meeting is open and that all interested parties are allowed to attend. Exceptions to this law are outlined in the Brown Act.
It is City Council policy that a commission or a committee of a commission may not hold an executive session (a closed meeting to the public) unless and until the City Attorney has rendered an opinion that it is permitted by law and the City Attorney is present during the executive session. However, during certain stages of disciplinary hearings before the Civil Service Commission, the City Attorney’s presence is not required.
There are very few times that a commission would be authorized to meet in executive session. In all such cases, the City Attorney should be consulted.
Conflict of Interest
The State of California, by statute, follows the common law rule prohibiting a representative of a municipality to vote in its legislative body on any issue which affects them individually, or for any public officer to participate in a matter in which there is a personal or private interest. The Torrance City Charter also provides against conflict of interest.
Participation of an “interested” officer may result in forfeiture of office and prosecution under Section 3060 of the Government Code for willful or corrupt misconduct in office, or Section 182, Subdivision 5 of the Penal Code for conspiracy ‘to commit an act injurious to the public health, to public morals, or to prevent or obstruct justice, or the due administration of the laws’ or section 91000 of the Government Code for any violation of the Fair Political Practices Act and may cause the commission action to be invalid.
In 1974, by referendum, the people of the State of California enacted the Political Reform Act. Among other things, it required the financial disclosure of interests by certain individuals who are in decision‑making positions within state and local government. In addition, the Act required that local entities, such as cities and counties, enact a set of rules for such disclosure. This is called a Conflict of Interest Code. The Torrance City Council approved the first Conflict of Interest Code on January 8, 1978. – 33 –
The purpose of the Conflict of Interest Code is fourfold: 1) to require disclosure of financial interests which may affect the actions of persons in decision‑making positions, or positions where those persons can influence decisions; 2) to require persons in decision‑making positions to avoid participating in matters where those persons can influence decisions; 3) to require persons in decision‑making positions to avoid participating in actions where a financial interest may be affected; and 4) to make the rules public.
When a matter comes before a commission in which a member has a direct or indirect financial interest, the member must disqualify him/herself from participating in the deliberation and must abstain from voting. An explanation for the abstention should be given to the commission by the member and that reason will be recorded in the minutes. If this information is not voluntarily given, the chair should request the information. If no explanation is given, the minutes should state that the member declined to give the reason for abstaining. Once the member has made a statement of disqualification, the member should leave the room and return only upon conclusion of the matter. The City Attorney may be consulted should a member be unclear as to whether or not to abstain.
In 2011, City Council added all Commissions to file Statements of Economic Interest within 30 days of taking office, and by April 1 each year thereafter. Members may obtain forms and information from the City Clerk.
Commissioners are encouraged to seek the advice of the City Attorney when there is any question as to the propriety or legality of any proposed action on the part of the member.
Member Contribution
Objectives
One of the first duties of a new commissioner is to become familiar with the laws governing the faithful performance of duties. This information may be obtained by referring to the ordinance or Charter sections governing the commissions. In addition, the commissioner may consult with department heads and staff. Copies of City ordinances are available for each commissioner from the City Clerk’s Office.
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A commissioner’s function is to listen, evaluate, advise, suggest and recommend. The commissions make recommendations to the City Council. Commissions examine alternative courses of action, evaluate each alternative, reach a conclusion and present a final recommendation for City Council consideration. This process ensures that the proper public officials are the ultimate decision-makers. The responsibility for allocating public resources rests with the duly-elected representatives of the City. This responsibility may not be delegated to others.
Public Communication
As a member of the community, a commissioner is in the unique position of serving as a liaison between City Hall and the general public.
The commission assists in the reconciliation of contradictory viewpoints by building a consensus around common goals and objectives. A commissioner, therefore, serves as a focal point for communication by acting as an avenue for citizen expression, while presenting the position of the City and the commission.
Duties
Commissioners may spend time researching particular issues in order to become familiar with all aspects of the subject. In addition, it may be helpful to visit and inspect sites which are under commission consideration.
A commissioner has the duty to be fully prepared to discuss, evaluate and act upon matters when presented.
Administration
The administrative staff, through the chain of command, works for and is responsible to the City Manager. The City Manager has directed staff to assist with commission requests. As used here, administrative staff means all City employees except the City Treasurer, City Clerk and City Attorney.
The City Clerk and City Treasurer are elected officials and the City Attorney is appointed by and reports directly to the City Council.
To facilitate communication, the proper channel by which to contact City personnel is through the commission chair. The commission chair will in turn contact the department representative. If no department representative has been assigned to the commission, a formal request for information may be submitted by the commission chair to the appropriate City department via the City Manager.
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Commissioners may make direct contact with the department representative should they require additional material or clarification of data.
On occasion, the commission and staff may present to Council opposing recommendations. Should this occur, staff will objectively present both recommendations for Council consideration.
Public Trust
The credibility of a commission is very important. In order to maintain a high level of credibility throughout the community and to strengthen public trust, the following suggestions are offered:
A. Information received in the performance of commission duties should not be used as a means for making private profit or advancing the financial interests of others.
B. Official actions should be disassociated from personal affiliations.
C. Affording special favors or privileges to individuals whether for remuneration or not, should be avoided.
D. As the acceptance of gifts or benefits could be construed as having influence over the performance of official duties, they should not be accepted.
E. Demonstrate an earnest attempt in exploring more efficient and economical methods for accomplishing assigned objectives. – 36 –
Community Outreach
Commissions will on occasion want to reach out to the community to inform the general public of various issues, events or meetings. The City has made available to the commissions the following avenues of communication:
A. The City cable television channel may be utilized as a communication tool to reach a large section of the Torrance community.
B. The City newsletter, Torrance Seasons, which is mailed to Torrance residents, is published on a quarterly basis. The newsletter is also a form of communication that can be used to reach the community.
C. Notices, flyers, etc., may also be included with the City water bills.
Arrangements to include materials with the water bills must be made far in advance with the department primary staff.
D. On occasion, a commission may wish to present a proclamation at a Council meeting. The commission must work through the department primary staff and the Mayor’s office when bringing a proclamation forward.
The department primary staff is responsible for making arrangements for the utilization of any of the above forms of communication. Therefore, the commission chair should contact the department liaison to discuss all pertinent details.
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The Ralph M. Brown Act
The following excerpts are taken from the Ralph M. Brown Act which governs public meetings. While the Act addresses many issues, identified here are the sections most relevant to the City’s agenda process.
Intent
§54950. In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. 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.
Meeting Defined
§54952.2. (a) As used in this chapter, “meeting” includes any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains.
Action Taken
§54952.6. As used in this chapter, “action taken‑ means a collective decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of a legislative body to make a positive or a negative decision, or an actual vote by a majority of the members of a legislative body when sitting as a body or entity, upon a motion, proposal, resolution, order or ordinance.
All Meetings Must be Open and Public
§54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
72-Hour Notice and Posting
§54954.2 (a) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words.
The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public.
No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for classification, make a brief announcement, or make a brief report on his or her own activities. – 38 –
Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. (b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below.
Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item.
(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5.
(2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a). (3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.
Potential Closed (Executive) Session Matters
§54954.5. For purposes of describing closed session items pursuant to Section 54954.2, the agenda may describe closed sessions as provided below. No legislative body or elected official shall be in violation of Section 54954.2 or 34956 if the closed session items were described in substantial compliance with this section. Substantial compliance is satisfied by including the information provided below, irrespective of its format.
LICENSE/PERMIT DETERMINATION
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
LIABILITY CLAIMS
THREAT TO PUBLIC SERVICES OR FACILITIES
PUBLIC EMPLOYEE APPOINTMENT
PUBLIC EMPLOYMENT
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
CONFERENCE WITH LABOR NEGOTIATOR
CASE REVIEW/PLANNING
REPORT INVOLVING TRADE SECRET
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Social Media
The Brown Act, prior to AB 992, allows elected and appointed officials to engage in separate communications on an internet‑based social media platform to “answer questions,” “provide information to the public,” and/or solicit public input on matters within the body’s subject matter jurisdiction. However, a majority of the body cannot “discuss among themselves” “business of a specific nature” that is within their body’s subject matter jurisdiction. ”Discuss among themselves” includes “comments or use of digital icons that express reactions to communications.” Therefore, a majority of the members of a body may not respond to the same communication on an internet‑based social media platform by computer, phone, tablet, or other device, including the use of emojis, the “like” button on Facebook or Instagram, and/or retweeting on Twitter. The act also limits direct communications via social media between individual members of the body regarding matters within their body’s subject matter jurisdiction. Additionally, members may not directly respond to any social media communication made, post or shared by any other member of the same legislative body. All of this applies to any internet‑based social media platform “open and accessible to the public,” including chatrooms.
Consequently, if a member posts any comment or utilizes any icon on any social media platform regarding matters within the member’s subject matter jurisdiction, the member also bears the responsibility to review every post, “like” or emoji on the subject to ensure that other members have not previously posted, “liked,” or used an emoji on the same subject. Also there can be no direct communication within any social media platform between members of the body. Thus, a member cannot not comment, “like,” or use an emoji on social media posts by another councilmember, at all, on any matter that falls within that member’s subject matter jurisdiction.
Otherwise, the member may be held criminally and/or civilly responsible based on prior or subsequent posts that the member was not even aware of their existence.
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Departments submit the title of
agenda items via Electronic Agenda
Transmittal Form to the City
Manager’s Office two weeks before
the scheduled Council meeting
date. Departments also coordinate
with the City Attorney’s office
for prior approval of items with
contracts, agreements, resolutions,
or ordinances.
The written item is submitted
to the City Manager’s office by
noon Tuesday one week before the
scheduled Council meeting.
The Finance Department reviews
agenda items for financial data and
impact.
The item is sent to the City Attorney’s
office for review.
The City Manager reviews agenda
items for policy conformance.
The City Clerk retains original copies
of agenda items, develops the agenda
cover (item summary), posts agenda
and delivers compiled agenda to
Central Services for printing no later
than Thursday afternoon. Central Services duplicates,
collates, and distributes the
completed agenda packets by
Thursday before the scheduled
Council meeting.
Completed agenda is posted
72 hours before the scheduled
Council meeting as required by
the Brown Act.
Agenda
Item
Finance
Department
City
Manager
City
Attorney
City
Manager
City Clerk
Central
Services
Completed
Agenda
City of Torrance
Council Agenda Process
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Prepare and Input
Labor Projections
Departments
Budget Plan to
City Council
City Manager
Submit Fluctuation
Analysis, Proposed
New Revenues
City Manager
Conduct Budget
Preparation
Workshop and Issue
Budget Material
City Manager
Prepare Director’s
Message and
Strategic Priorities
Departments
City Council
Adopts Budget
Budget Hearings
City Manager
Budget Workshops
City Manager
Submit Proposed
Budget to Council
City Manager
Prepare Materials,
Supplies, etc., and
Budget Section
Departments
Mid-year
Budget Review
Finance
Department
Submit Proposed
Budget Analysis
Departments
The Budget process generally starts in January with the final budget proposal submitted to Council in late May or early June.
City of Torrance
Budget Process Flowchart
– 42 –
Commission Annual Report to the Council
The purpose of this report is to provide the City Council with a status report of commission activities. In order to provide some consistency between the various commissions’ annual reports, the suggested guidelines are written in three sections: format, content and procedure.
Note: The word commission in this report means any advisory board appointed by Council.
The following guidelines are suggested:
Format
A. Make report brief, i.e. two or three pages
B. Write report in three or four sections
1. Purpose of commission
2. Summary of commission annual activities
3. Historical comparisons
4. Matters deemed appropriate by the commission - optional C. Avoid the following:
1. Use of any fancy graphics
2. Chronological listing of activities as this tends to add weight and not substance
Content
A. Purpose of commission - is the commission meeting its duties and responsibilities as described in this manual?
B. Summary of commission annual activities - use fiscal year.
Report on commission activities, not departmental. Indicate major functions performed and major issues considered and/or resolved.
C. Historical comparisons - provide some comparison of this year versus last year, i.e. number of hearings, meetings, workshops, recommendations to Council, items or causes referred to commission, etc.
D. Materials deemed appropriate by the commission.
E. Any concern of the commission not addressed in other sections. – 43 –
Procedure
A. The commission chairperson is responsible for the annual report.
The chairperson may delegate the assignment to another person on the commission.
B. The report should be signed by the chairperson and list the names of the other commissioners.
C. Commissions should write their own report with the department assisting with the typing of the draft and final report.
D. In preparing the report, it is suggested that a member of the commission be assigned to review the prior year’s minutes to help recall major issues or functions accomplished.
E. The commission should agree to each item or issue included in the report.
F. The report, when finalized, should be forwarded to City staff.
They will prepare a transmittal from the department recommending the City Council accept and file the commission’s report.
This should be done as a regular Council agenda information item in July/August (fiscal year) and a commission member should be present when the report is presented to Council.
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Conflict of Interest
The Political Reform Act, Government Codes Section 81000, et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Mayor and City Council, as the code reviewing body for the City of Torrance, has adopted a standard Conflict of Interest Code for use by the City.
All commissioners are required to file Statements of Economic Interests within 30 days of taking or leaving office and before April 1 of each year.
Members will receive forms and information from the City Clerk who serves as the filing officer.
Questions related to the Conflict of Interest Code for the City of Torrance may be directed to the City Clerk’s Office.
– 45 –
City of Torrance
Code of Ethics
For
Elected Officials
Appointed Officials and
Candidates for Elective Office
Adopted April 1, 2008
Amended by Resolution 2011-92 – October 18, 2011
Preamble
“The ethical person should do more than he is required to do and less than he is allowed to do.”
Michael Josephson
Founder of the Josephson Institute of Ethics
Ethical behavior is the cornerstone for all aspects of city government.
The Torrance City Council reinforces the City’s commitment to ethical government by adopting the letter and spirit of this Code of Ethics. It was built around the values that have been embraced by those devoted public servants who have served the public so well. The Code’s aim is to affirm an identity of Excellence and Integrity for our City’s government through our citizens, our employees and our dealings with other communities.
The Code provides guidance in making the right ethical decisions in the conduct of City business. It goes beyond the many laws, rules and regulations that already exist. This Code takes Torrance to the next level of public trust by providing standards of conduct expected of those engaged in City business.
The Code applies to all who represent our City’s government. It includes all elected and appointed officials, citizens campaigning for elective office, city employees and others who participate in city government. As representatives of the City, all are required to subscribe to and understand how the Code applies to them. All must agree to practice the values expressed in the Code in day to day service to the City.
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Code of Conduct
This Code of Conduct provides a framework for making ethical decisions.
It should assist people in doing the right thing by identifying not just appropriate behavior but also actions to be avoided.
This framework is expressed in the Values and Standards, which follow.
Values
Honesty
Respect
Responsibility
Transparency
Trust
Standards
Honesty
y I am committed to doing the right thing.
y I speak the truth – even if it is uncomfortable – I am sincere, candid and keep confidences.
y I make decisions based solely on the best interests of the City of Torrance and recuse myself at any instance of potential conflict.
Respect
y I treat my fellow officials, staff and the public with courtesy, compassion and civility, even when we disagree on what is best for the community. y I actively listen, ask questions, seek diverse opinions and participate in value added discussion for the purpose of consensus building. y I respect the right of all employees and the public to fair treatment and equal opportunity, free from discrimination or harassment of any sort. y I accept individual differences and beliefs without prejudice and judge others based on their character, ability and conduct.
y I gain personal value by respecting others’ ideas, diversity, skills and knowledge.
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Responsibility
y I take responsibility for my actions regardless of their outcome. y I am a prudent steward of public resources and consider the impact of my decisions on the City and the community.
y I prepare for meetings, read provided material, research issues and make informed decisions.
y I encourage others to act responsibly by the example I set. y I never excuse or ignore inappropriate activities.
Transparency
y I will be open in all activities in which I am engaged, making every attempt to keep the public aware.
y I will not maintain nor support any hidden agenda and my decisions/ actions will be based solely on the merits of the matter before me. y I understand that public perception is important and recognize that I am ethically bound to do more than is required of me and less than is allowed by law.
y I will view my conduct through the eyes of those watching my actions to build and maintain the public’s confidence.
Trust
y I will ensure that all my communications, interactions and transactions are open, honest, accurate and have the best interest of the City and the residents in mind.
y I will be fair, impartial and equitable when making decisions, avoiding the temptation to favor those who have supported me and disfavor those who have not.
y I will uphold the public trust by never using City assets, information or relationships for personal gain.
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Commitment to Integrity
As a Public Official, elected or appointed, and/or as a candidate for public office or a member of a Board or Commission, I agree to uphold and operate by the Code of Conduct and Code of Ethics for elected and appointed officials adopted by the City Council and sign my name below with full understanding of the expectations that the Citizens of Torrance hold for me.
I will conduct myself according to the Values outlined in the Code of Ethics as I carry out business for the City, represent the City to the public and in my workings with other elected and appointed officials both within the City of Torrance and with other Agencies;
I will embrace the Standards included in the City of Torrance Code of Ethics and use them as guiding principles to assist me in conducting myself as a representative of the City of Torrance;
I am committed to acting with Honesty and integrity;
I will treat people with Respect;
I will take Responsibility for my actions;
I will act with Transparency as I do the City’s business; I will uphold the public Trust.
I have received and read the City of Torrance Code of Ethics for Elected Officials, Appointed Officials, and Candidates for Elective Office and fully understand the principles as set forth and agree to abide by them.
Signed this date ___________________________________________ by (print and sign) _________________________________________ Name of Office ___________________________________________ 1 of 4
CITY OF LONG BEACH
VALUES STATEMENT
The people of Long Beach depend on a city government that operates equitably, ethically, and transparently, and that works to promote and preserve public trust and confidence.
The City of Long Beach commits to these values:
• Accountability—the willingness to accept responsibility and account for one’s actions. • Fairness—ensuring equity and due process.
• Impartiality—loyalty to the public good.
• Diversity—embracing histories, values, and ideas from all backgrounds, and recognizing their contribution to improving the City’s operations, services, and programs. • Transparency—policies and procedures that are open to public observation and scrutiny.
• Integrity—the practice of being truthful, seeking truth, and adherence to the City’s values.
CODE OF CONDUCT AND ETHICS
It is incumbent for every representative of the City of Long Beach (City) to uphold the Code of Conduct and Ethics (Code). As the elected officials, employees, volunteers, and members of boards, commissions and committees for the City, we commit to undertaking our duties with the highest ethical principles, placing the public’s interest above our own. As representatives of the City, we pledge to uphold the following principles:
1. As a representative of the City, I will be truthful and honest. • I will be truthful and honest. I will act with integrity and demonstrate courage in all dealings.
• I will ensure that all completed work activities are accurate and free from bias. • I will be accurate, courteous, civil, and honest in all my written and oral interactions with others.
2. As a representative of the City, I will place the public’s trust before my personal interests.
• I will be impartial, ensuring that my decisions are free of bribes, unlawful gifts, or other improper influence.
• I will not permit personal interests to impair my judgment or action. 2 of 4
• I will not use my position with the City for private gain, for the endorsement of any product, person or enterprise, or for private gain of relatives or friends. • I will disclose, and if necessary, recuse myself from the decision-making process and any activities, dealings, and transactions on behalf of the City that may relate to my personal, financial, or outside activities.
3. As a representative of the City, I will be transparent. • I will ensure that all work product is completed in an open manner, with the knowledge that it may be subject to public inspection and/or release. • I will disclose all personal, financial, or professional interests or outside activities that may relate to or influence my role or official capacity. • I will promptly report any perceived or actual conflict of interest that may arise prior to rendering a decision, providing information, or offering a recommendation. • I will cooperate and support inquiries, reviews, audits, or other investigations that may be conducted by the City or other enforcement agencies. • I will comply with the Brown Act and will observe all rules with respect to notice and public meetings. As a member of the City Council or a City board or commission, I will not discuss or communicate on matters to be voted on by the City Council, and/or a committee with a member of that body outside the public meeting in a manner inconsistent with the Brown Act commitment to transparency.
4. As a representative of the City, I will be accountable. • I will comply with all federal, State, and City laws and regulations as well as applicable policies and procedures.
• I will be fiscally responsible.
• I will abide by all applicable requirements pertaining to gifts and gratuities, including donations and honoraria.
• I will adhere to all policy and procedures and contractual commitments to safeguard the integrity of the City’s procurement and bidding and competitive processes.
5. As a representative of the City, I will safeguard all information, data (including electronic), and assets entrusted to my care.
• I will protect City data to preserve confidentiality and privacy concerning the property, personnel, or other affairs of the City.
• I will handle and safeguard all non-public and proprietary information as protected under agreement or public law.
• I will protect all City assets, resources, and information from loss, theft, and misuse. • I will protect the interests of the City and those who have placed their trust in me. 3 of 4
6. As a representative of the City, I will support diversity and be inclusive in all my actions.
• I will respect the diverse histories, values, and experiences represented in the City’s various communities.
• I will ensure the City’s diverse communities are engaged in City activities. • I will be mindful of our community’s needs and be cognizant of their experience when interacting with City services.
• I will take actions to ensure all policies and procedures are developed to provide equitable and socially just programs and services for all residents.
7. As a representative of the City, I will treat others with dignity. • I will listen, be approachable, open-minded, ask questions, and participate when engaged.
• I will treat all colleagues, the public, stakeholders, and anyone transacting business with the City with respect.
• I will convey the City’s care for, and commitment to, its communities.
8. As a representative of the City, I will embrace excellence and innovation. • I will be a role model by striving for excellence, maintaining standards, being open to change, recognizing the need to compromise, and always working to improve the City’s programs and services.
• I will be proactive and innovative when setting goals and conducting the City’s business.
• I will promote innovation that will enrich and transform the City’s services, operations, and budget.
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I affirm that I have read and understand the above Code of Conduct and Ethics. I will avoid even the appearance of impropriety and seek ethical guidance and immediately report a perceived Code of Conduct violation, conflict of interest, fraud, waste or misuse of City resources, and inappropriate behavior to the appropriate authority for investigation.
My signature on this form certifies that I have received and read this Code of Conduct and Ethics and that I will abide by this code:
____________________________________________________________ Name (Print)
____________________________________________________________ Signature Date
Situations can be unique. If you have any questions or would like to make a disclosure you may reach out to the following resources: [INSERT LIST OF TELEPHONE NUMBER/EMAIL ADDRESSES FOR THE VARIOUS REPORTING CHANNELS] Your inquiry or disclosure may be made anonymously.
CITY OF GLENDALE
STANDARDS FOR CONDUCTING CITY
BUSINESS FOR ELECTED OFFICIALS AND
BOARDS AND COMMISSIONS
1 TABLE OF CONTENTS Page
I. General Background 2
II. Overview of Roles & Responsibilities of Elected Officials 3 CODE OF CONDUCT FOR ELECTED OFFICIALS 3
Section 1. Council Conduct with One Another 4
Section 2. Council Conduct with City Staff 4
Section 3. Council Conduct with The Public 6
Section 4. Council Conduct with Other Public Agencies 7 Section 5. Council Conduct with Boards and Commissions 8 Section 6. Council Conduct with The Media 9
Section 7. Sanctions & Violations 9
CODE OF ETHICS FOR ELECTED OFFICIALS AND BOARDS AND 10
COMMISSIONS
I. Preamble 10
Section 1. Keep the Public Interest Paramount 11
Section 2. Comply with the Law 11
Section 3. Conduct of Members 11
Section 4. Respect for the Process 11
Section 5. Conduct of Public Meetings 10
Section 6. Decisions Based on Merit 11
Section 7. Communication 11
Section 8. Conflict of Interest 11
Section 9. Gifts and Favors 12
2 Section 10. Confidential Information 12
Section 11. Use of Public Resources 12
Section 12. Representation of Private Interests 12
Section 13. Advocacy 12
Section 14. Policy Role of Members 12
Section15. Independence of Boards and Commissions 12
Section 16. Positive Work Place Environment 13
Section 17. Implementation 13
Section 18. Compliance and Enforcement Procedures 13
I. General Background
The City Charter, adopted in 1947, establishes a Council-Manager form of government.
Subject to the limitations imposed by the State Constitution and so long as consistent with State law, all powers of the City are vested in the elected City Council. The City Council, which is comprised of six council members and the Mayor, enacts local legislation, adopts budgets, determines policies, and appoints the City Manager, City Clerk, City Attorney, City Treasurer and City Judge.
The council shall consist of a mayor and six (6) other members to be elected by the qualified electors of the City of Glendale as follows:
(a) The mayor shall be elected from the city at large, pursuant to the election procedure (primary and general elections) specified in ordinances which are adopted according to law or as provided for under the City of Glendale Charter. (b) The six (6) other council members shall be elected from six (6) geographic districts within the City of Glendale. Each district shall contain a substantially equal number of electors. Electors in each district shall vote only for the council candidates nominated from the district in which the electors reside.
(c) Each candidate for one of the six (6) council seats shall at the time of nomination and during his tenure maintain his permanent residence within the district from which he is nominated.
(d) No candidate for the six (6) council seats may run for more than one district in any regular election.
The City Council is committed to ensuring active public participation in their decisionmaking processes:
(a) Through the appointment of citizens to the City’s advisory boards and commissions. 3 (b) Through special assignment of citizens to issue-oriented task forces such as the Bond Committee.
(c) By hosting or attending neighborhood meetings and events. (d) By sponsoring regional and community forums on such topics as youth, transportation, economic development and parks.
(e) Through the actions of Citizen Participation Plans in accordance with city ordinances section 3.304 and 3.305.
II. Roles and Responsibilities of Elected Officials
NOTE: For the purpose of the Code of Ethics and Code of Conduct, the term council member refers to Mayor and Council; all members of the City Council.
THE MAYOR
The Mayor shall be the chairman of the council and preside over its deliberations. He or she may make and second motions and shall have a voice and vote in all its proceedings.
He or she shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law, but shall have no regular administrative duties.
THE VICE-MAYOR
The council shall designate one (1) of its members as Vice Mayor, who shall serve in such capacity at the pleasure of the council. The vice mayor shall perform the duties of the mayor during the mayor's absence or disability.
THE COUNCIL MEMBERS
All powers of the city, not in conflict with the constitution and subject to the limitations of this charter, shall be vested in the council, who shall enact appropriate legislation and do and perform any and all acts and things which may be necessary and proper to carry out these powers or any of the provisions of this charter.
Code of Conduct
For Elected Officials
This Code of Conduct is designed to describe the manner in which council members should treat one another, city staff, constituents, and others they come into contact with in representing the City of Glendale.
The constant and consistent theme through all of the conduct guidelines is "respect.” Elected officials are called upon to exhibit behavior consistent with the Code of Conduct and Code of Ethics at all times.
4 Section 1 - Council Conduct with One Another
A. Use formal titles
The council should refer to one another formally during public meetings as Mayor, Vice Mayor or council member followed by the individual's last name.
B. Use civility and decorum in discussions and debate
Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of free democracy in action. This does not allow, however, council members to make belligerent, personal, impertinent, slanderous, threatening, abusive, or personally disparaging comments in public meetings or during individual encounters. No shouting or physical actions that could be construed as threatening or demeaning will be acceptable.
If a council member is personally offended by the remarks of another council member, the offended council member should make notes of the actual words used and call for a “point of personal privilege” that challenges the other council member to justify or apologize for the language used.
C. Honor the role of the Chair in maintaining order
It is the responsibility of the Mayor, as Chair of the council under the Charter, to keep the comments of council members on track during public meetings. Council members should honor efforts by the Mayor to focus discussion on current agenda items. If there is disagreement about the agenda or the Mayor’s actions, those objections should be voiced politely and with reason, following commonly recognized parliamentary procedure.
D. Demonstrate effective problem-solving approaches
Council members have a public forum to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. This public forum should be used in the most effective and beneficial manner.
Section 2 - Council Conduct with City Staff
A. Treat all staff as professionals
Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable. Council members should refer to staff by their title followed by the individual’s last name in public meetings when first introduced.
B. Limit contact to specific City staff
Questions of City staff and/or requests for additional background information shall be directed to the City Manager, City Attorney, Assistant City Manager, Deputy City Managers, or Department Heads.
5 Requests for follow-up or directions to staff should be made only through the City Manager or the City Attorney when appropriate. When in doubt about what staff contact is appropriate, council members should ask the City Manger for direction. Materials supplied to a council member in response to a request will be made available to all members of the council so that all have equal access to information.
C. Do not disrupt City staff from their jobs
Council members should not disrupt City staff while they are in meetings, on the phone, or engrossed in performing their job functions in order to have their individual needs met.
D. Never publicly criticize an individual employee
Council should never express concerns about the performance of a City employee in public, to the employee directly, or to the employee's manager. Comments about staff performance should only be made to the City Manager through private correspondence or conversation. Comments about staff in the office of the appointed officials should be made directly to appointed official.
E. Do not get involved in administrative functions
Except as otherwise provided in this charter, neither the council nor any of its members shall interfere with the execution by the city manager of his powers and duties, or order, directly or indirectly, the appointment by the city manager of any person to an office or employment or his removal there from. Except for purposes of inquiry, the council and its members shall deal with the administrative service under the city manager solely through the city manager, and neither the council nor any member thereof shall give orders to any subordinate of the city manager, either publicly or privately.
Nothing in this section shall be construed, however, as prohibiting the council while in open session from fully and freely discussing with or suggesting to the city manager anything pertaining to city affairs or the interests of the city.
F. Do not attend meetings with City staff unless requested by staff.
Even if the council member does not say anything, the council member's presence implies support, shows partiality, intimidates staff, and hampers staff’s ability to do their job objectively.
G. Limit requests for staff support
Council members are provided with staff to assist with various administrative activities.
These staff members are merit system employees and, while available to assist the council members to which they are assigned, they remain subject to all the rules and directives that are applicable to all City employees. Requests for additional staff support, beyond the currently assigned staff, even in high-priority or emergency situations, should be made only to the City Manager who is responsible for allocating City resources in order to maintain professional, well-run City functions. 6 H. Do not solicit political support from staff
Council members should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, collection of petition signatures, etc.) from City staff. City staff may, as private citizens within constitutional rights, support political candidates but all such activities must be done away from the workplace and the staff cannot identify themselves in any manner as City employees.
Section 3 - Council Conduct with The Public
In Public Meetings
Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual council members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony.
A. Be welcoming to speakers and treat them with care and gentleness For many citizens, speaking in front of council is a new and difficult experience. Under such circumstances many are nervous. Council members are expected to treat citizens with care and respect during public hearings. Council members should commit full attention to the speakers or any materials relevant to the topic at hand. Comments and non-verbal expressions should be appropriate, respectful and professional. Questions by council members to speakers should seek to clarify or expand information.
B. Be fair and equitable in allocating public hearing time to individual speakers The Mayor will determine and announce time limits on speakers at the start of the public hearing process. Generally, each speaker will be allocated five-minutes with applicants and appellants or their designated representatives allowed more time. If many speakers are anticipated, the Mayor may shorten the time limit and/or ask speakers to limit themselves to new information and points of view not already covered by previous speakers. The public hearings and citizen comments time will be conducted in accordance with Resolution 3136.
Each speaker may only speak once during the public hearing unless the council requests additional clarification later in the process. After the close of the public hearing, no more public testimony will be accepted unless the Mayor reopens the public hearing for a limited and specific purpose.
C. Active listening
Council members shall actively listen to and be attentive to speakers.
D. Ask for clarification, but avoid debate and argument with the public Only the Mayor, not the individual council members, should interrupt a speaker during a presentation. However, a council member can ask the Mayor for a point of order if the speaker is off the topic or exhibiting behavior or language the council member finds 7 disturbing. Questions by council members to members of the public testifying should seek to clarify or expand information.
E. Follow parliamentary procedure in conducting public meetings The City Attorney serves as advisory parliamentarian for the City and is available to answer questions or interpret situations according to parliamentary procedures. Final rulings on parliamentary procedure are made by the Mayor, subject to the appeal of the full council.
In Unofficial Settings
F. Make no promises on behalf of the Council in unofficial settings.
Council members will frequently be asked to explain a council action or to give their opinion about an issue as they meet and talk with constituents in the community.
It is appropriate to give a brief overview of City policy and to refer to City staff for further information. Overt or implicit promises of specific council action, or to promise City staff will take some specific action are to be avoided.
Section 4 - Council Conduct with Other Public Agencies
A. Be clear about representing the city or personal interests If a council member appears before another governmental agency or organization to give a statement on an issue, the council member must clearly state 1) whether his or her statement reflects personal opinion or is the official stance of the City; 2) whether this is the majority or minority opinion of the council.
B. Representation of the City on an Outside Board, Commission, or to an Outside Agency
If the council member is representing the City, that council member must consistently support and advocate the City’s official position on an issue and cannot foster or further a personal viewpoint that is inconsistent with the official City position.
Council members must inform the council of their involvement in an outside organization if that organization is or may become involved in any issue within the City’s jurisdiction.
If an individual council member publicly represents or speaks on behalf of another organization whose position differs from the City’s official position on any issue, the council member must clearly communicate the organization upon whose behalf they are speaking and must withdraw from voting as a council member upon any action that has bearing upon the conflicting issue.
C. Correspondence also should be equally clear about representation City letterhead shall be used only when the council member is solely representing and speaking on behalf of the City and with the council member’s official capacity. A copy of official correspondence should be given to the council office and mayor’s office staff to be maintained as a public record.
8 D. Representation of the City on Intergovernmental Commissions and Other Outside Entities
Council members serving on committees or boards as the City representative on outside entities or agencies shall properly communicate with other council members on issues pertinent to the city.
Section 5 - Council Conduct With Boards and Commissions* *Mayor and City Manager ex-officio members.
The Mayor and City Manager shall be ex-officio members, without voting privileges, of all boards and commissions.
A. Limit contact with Board and Commission members to questions of clarification Council members shall not contact a Board or Commission member to lobby on behalf of an individual, business, or developer. Council members may contact Board or Commission members in order to clarify a position taken by the Board or Commission or a member of that Board or Commission. Council members may respond to inquiries from Board and Commission members. Communications should be for information only.
B. If attending a Board or Commission meeting, be careful to only express personal opinions
Council members may attend any Board or Commission meeting, which are always open to any member of the public. However, they should be sensitive to the way their participation—especially if it is on behalf of an individual, business or developer—could be viewed as unfairly affecting the process.
Except as allowed by the City charter, public comments by a council member at a Board or Commission meeting should be clearly made as individual opinion and not a representation of the feelings of the council.
C. Remember that Boards and Commissions serve the community, not individual council members
The City Council appoints individuals to serve on Boards and Commissions, and it is the responsibility of Boards and Commissions to follow policy established by the council.
However, Board and Commission members do not report to individual council members, nor should council members feel they have the power or right to threaten Board and Commission members with removal if they disagree about an issue. Appointment and reappointment to a Board or Commission will be based on such criteria as recommended by the Government Services Committee.
D. Be respectful of diverse opinions
A primary role of Boards and Commissions is to represent many points of view in the community and to provide the council with advice based on a full spectrum of concerns and perspectives. Council members may have a closer working relationship with some 9 individuals serving on Boards and Commissions, but must be fair and respectful of all citizens serving on Boards and Commissions.
E. Keep political support away from public forums
Board and Commission members may offer political support to a council member, but not in a public forum while conducting official duties. Conversely, council members may support Board and Commission members who are running for office, but not in an official forum in their capacity as a council member.
Section 6 - Council Conduct with the Media
A. Expression of Positions on Issue
When communicating with the media, council members should clearly differentiate between personal opinions and the official position of the City. All council members represent one vote of seven and until a vote on any issue is taken, council members’ positions are merely their own.
B. Discussions Regarding Staff Members
Council members should not discuss personnel issues or other matters regarding individual staff members in the media. Any issues pertaining to staff should only be addressed directly to the City Manager.
Section 7 – Sanctions & Violations
A. Process
(1) The first and most important step in this section is the requirement that the offended Council member address the concern with the offending Council member including a description of the specific action observed, the relationship of that event to the Code and, if applicable, the impact it had on the offended Council member. The purpose of this first step is to assure that an attempt has been made to discuss the issue and resolve the conflict without proceeding further. This step requires no formal action and no involvement of other Council members. (2) Either party may request, and both must agree, to seek a third party who will assist in facilitating the discussion toward a mutually satisfactory conclusion. If any expenses are incurred they will be paid for equally from the district funds of each member engaged in the mediation.
(3) If the situation cannot be settled through the process in steps (1) and (2), either Council member may choose to refer the concern to the entire Council for their review. The Council will serve as a committee of the whole for purposes of Code violation and sanction consideration.
(4) To present the concern to the Council, the offended member must advise the offending Council member that the issue will be taken to the Council and subsequently ask the City Manager to post the issue for the earliest upcoming executive session. All laws pertaining to executive session will apply. Included in those rules is the option for the offending Council member to exercise their right to 10 request that the discussion be held in an open hearing. The City Attorney’s Office will prepare notice to the Council member or Council members that are to be discussed in executive session as required by law.
(5) The Council will discuss the issue in order to:
(a) become fully informed;
(b) determine if there appears to be a violation of the Code of Conduct; (c) seek resolution without further action or, if necessary schedule the issue for an upcoming public hearing for final determination regarding whether a violation occurred and if necessary;
(d) determine what sanction is most appropriate; customarily, sanctions are limited to a letter of reprimand or censure.
(6) A 2/3 vote of the Council at a regular council meeting will be required for a determination that a violation has occurred and likewise, a 2/3 vote for the sanction to be imposed.
(7) If a sanction is imposed, the language will follow a specific format to be established by the Council and used consistently as such situations occur.
B. Effects of Violations
The Code of Conduct alone does not provide a basis for challenging the validity of any final enactment, resolution, decision, determination, or recommendation of the council, a board or a commission.
CODE OF ETHICS FOR ELECTED
OFFICIALS AND BOARDS AND
COMMISSIONS
I. Preamble
The citizens of Glendale are entitled to have fair, ethical and accountable local government which has earned the public's full confidence. In keeping with the City of Glendale commitment to effective functioning of democratic government, public officials, both elected and appointed, shall comply with both the letter and spirit of the laws and policies affecting the operations of government; be independent, impartial and fair in their judgment and actions; use their office for the public good and not for personal gain. All public deliberations and processes shall be conducted openly, unless to be held confidential in accordance with the law, and in an atmosphere of respect and civility.
To this end, the Glendale City Council has adopted a Code of Ethics for members of the City Council and of the City's boards and commissions to assure public confidence in the integrity of local government and its effective and fair operation. 11 Section 1 – Keep the Public Interest Paramount
Recognizing that stewardship of the public interest is their primary concern, all members will work for the common good of the people of Glendale and not for any private or personal interest, and they will assure fair and equal treatment of all persons and issues coming before the Glendale City Council, boards and commissions.
Section 2 – Comply with the Law
Members shall comply with the laws of the nation, the State of Arizona and the City of Glendale in the performance of their public duties. These laws include, but are not limited to: the United States and Arizona constitutions; the Glendale City Charter; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government; and City ordinances and policies.
Section 3 – Conduct of Members
The professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. Members, in compliance with the Code of Conduct, shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of council, boards and commissions, the staff or public.
Section 4 – Respect for Process
Members shall perform their duties in accordance with the processes and rules of order established by the City Council and board and commissions.
Section 5 – Conduct of Public Meetings
Members shall prepare themselves for public issues; listen courteously and attentively to all public discussions before the body; and focus on the business at hand. They shall refrain from interrupting other speakers; making personal comments not germane to the business of the body; or otherwise interfering with the orderly conduct of meetings.
Section 6 – Decisions Based on Merit
Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.
Section 7 – Communication
Members shall publicly share substantive information that is relevant to a matter under consideration by the council or boards and commissions, which they may have received from sources outside of the public decision making process.
Section 8 – Conflict of Interest
In order to assure their independence and impartiality on behalf of the common good, members shall not use their official positions to influence government decisions in which they have a material financial interest or where they have an organizational responsibility or personal relationship which may give the appearance of a conflict of interest. 12 Furthermore, members shall comply with the law and rules with respect to all actual or potential conflicts of interest.
Section 9 – Gifts and Favors
Members shall not take any special advantage of services or opportunities for personal gain that are not available to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised. Members shall comply with state laws pertaining to the disclosure of gifts or prohibits against gift in any specific and applicable circumstances.
Section 10 – Confidential Information
Members shall respect the confidentiality of information concerning the property, personnel, or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information for private interests, financial gain, or any other personal purposes.
Section 11 – Use of Public Resources
Members shall not use public resources not available to the public in general, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.
Section 12 – 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 or proceeding of the City, nor shall members of boards and commissions 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.
Section 13 – Advocacy
Members shall represent the official policies or positions of the City Council, board or commission to the best of their ability when designated as delegates for this purpose.
When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the City of Glendale, nor will they allow the inference that they do.
Section 14 – Policy Role of Members
Members shall respect and adhere to the council-manager form of government as established by the City Charter. Members therefore shall not interfere with the administrative functions of the City or the professional duties of City staff; nor shall they impair the ability of staff to implement council policy decisions.
Section 15 – Independence of Boards and Commissions
Because of the value of the independent advice of boards and commissions to the public decision-making process, members of council shall refrain from using their position to unduly influence the deliberations or outcomes of board and commission proceedings. 13 Section 16 – Positive Work Place Environment
Members shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City.
Members shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to staff.
Section 17 – Implementation
As an expression of the standards of conduct for members, the Code of Ethics for Elected Officials and Board and Commission Members is intended to be self-enforcing. It therefore becomes most effective when members are thoroughly familiar with it and embrace its provisions.
Section 18 – Compliance and Enforcement Procedures
A. Process for Councilmembers
(1) The first and most important step in this section is the requirement that the offended Council member address the concern with the offending Council member including a description of the specific action observed, the relationship of that event to the Code and, if applicable, the impact it had on the offended Council member. The purpose of this first step is to assure that an attempt has been made to discuss the issue and resolve the conflict without proceeding further. This step requires no formal action and no involvement of other Council members. (2) Either party may request, and both must agree, to seek a third party who will assist in facilitating the discussion toward a mutually satisfactory conclusion. If any expenses are incurred they will be paid for equally from the district funds of each member engaged in the mediation.
(3) If the situation cannot be settled through the process in steps (1) and (2), either Council member may choose to refer the concern to the entire Council for their review. The Council will serve as a committee of the whole for purposes of Code violation and sanction consideration.
(4) To present the concern to the Council, the offended member must advise the offending Council member that the issue will be taken to the Council and subsequently ask the City Manager to post the issue for the earliest upcoming executive session. All laws pertaining to executive session will apply. Included in those rules is the option for the offending Council member to exercise their right to request that the discussion be held in an open hearing. The City Attorney’s Office will prepare notice to the Council member or Council members that are to be discussed in executive session as required by law.
(5) The Council will discuss the issue in order to:
(a) become fully informed;
(b) determine if there appears to be a violation of the Code of Conduct; (c) seek resolution without further action or, if necessary schedule the issue for an upcoming public hearing for final determination regarding whether a violation occurred and if necessary;
14 (d) determine what sanction is most appropriate; customarily, sanctions are limited to a letter of reprimand or censure.
(6) A 2/3 vote of the Council at a regular council meeting will be required for a determination that a violation has occurred and likewise, a 2/3 vote for the sanction to be imposed.
(7) If a sanction is imposed, the language will follow a specific format to be established by the Council and used consistently as such situations occur.
B. Process for Board and Commission Members
Inappropriate behavior can lead to removal. Inappropriate behavior by a Board or Commission member should be communicated to the Chair of the Government Services Committee who will communicate to the council member who presented the member for appointment. If inappropriate behavior continues, the situation will be brought to the attention of the council and the individual is subject to removal from the Board or Commission in accordance with any applicable ordinance.
C. Effects of Violations
The Code of Ethics alone does not provide a basis for challenging the validity of any final enactment, resolution, decision, determination, or recommendation of the council, a board or a commission.
CITY OF OCEANSIDE
CODE OF ETHICS AND CONDUCT
FOR
ELECTED AND APPOINTED OFFICIALS
Policy Purpose
The Oceanside City Council adopts this Code of Ethics and Conduct to assure that all elected and appointed officials, while exercising their office, conduct themselves in a manner that will instill public confidence and trust in the fair operation and integrity of Oceanside’s City government.
This policy shall apply to all elected positions, including the Mayor, Councilmembers, City Clerk and City Treasurer, whether elected or appointed to serve in that capacity, Council Aides and all persons appointed by the City Council to the City’s Boards, Committees and Commissions.
A. ETHICS
The citizens and businesses of Oceanside are entitled to have fair, ethical and accountable local government. To this end, the public shall have full confidence that their elected and appointed officials:
▪ Comply with both the letter and spirit of the laws and policies affecting the operations of government; ▪ Are independent, impartial and fair in their judgment and actions; ▪ Use their public office for the public good, not for personal gain; and ▪ Conduct public deliberations and processes openly, unless required by law to be confidential, in an atmosphere of respect and civility.
Therefore, members of the City Council, City Treasurer, City Clerk, Council Aides, and members of all Boards, Committees and Commissions shall conduct themselves in accordance with the following ethical standards:
1. Act in the Public Interest. Recognizing that stewardship of the public interest shall be their primary concern, members will work for the common good of the people of Oceanside and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before them.
2. Comply with both the spirit and the letter of the Law and City Policy. Members shall comply with the laws of the nation, the State of California and the City of Oceanside in the performance of their public duties.
3. Conduct of Members. The professional and personal conduct of members while exercising their office shall be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of Council, Boards, Committees and Commissions, the staff or public.
4. Respect for Process. Members shall perform their duties in accordance with the processes and rules of order established by the City and the City Council.
5. Conduct at Public Meetings. Members shall prepare themselves for public issues; listen courteously and attentively to all public discussions before the body; and focus on the business at hand.
6. Decisions Based on Merit. Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. When making adjudicative decisions (those decisions where the member is called upon to determine and apply facts peculiar to an individual case), members shall maintain an open mind until the conclusion of the hearing on the matter and shall base their decisions on the facts presented at the hearing and the law.
7. Communication. For adjudicative matters pending before the body, written communication provided to the City Council shall be retained in accordance with the City’s document retention schedule and shall be open to inspection and/or copying in accordance with the California Public Records Act.
8. Conflict of Interest. In order to assure their independence and impartiality on behalf of the common good and compliance with conflict of interest laws, members shall use their best efforts to refrain from creating an appearance of impropriety in their actions and decisions. Members shall not use their official positions to influence government decisions in which they have (a) a material financial interest as set forth in the Political Reform Act and applicable regulations promulgated by the Fair Political Practices Commission, or (b) actual bias that would result in the denial of procedural due process.
In accordance with the City’s Municipal Code Section 2.1.32., “if a council member has reason to believe he or she has a conflict of interest with respect to a governmental decision, he or she may give the full facts of the matter to the city attorney and request advice thereon. The request for advice should be submitted to the city attorney sufficiently in advance of the meeting to allow the city attorney a reasonable opportunity to analyze the facts stated and the applicable law and to seek appropriate assistance from the fair political practices commission. Any response by the city attorney shall be in writing, if time permits, and delivered to each council member before the meeting in question. Oral responses shall be stated on the public record. If a determination whether it is reasonably foreseeable that a financial interest would be affected by a governmental decision depends on the advice of an appraiser or similar professional, except an attorney, the city attorney may retain such professional at city expense. Nothing in this section shall be deemed to preclude the member or the city attorney from seeking assistance or advice on a conflict of interest matter from the fair political practices commission.”
In accordance with the law, members shall disclose investments, interests in real property, sources of income, and gifts; and if they have an impermissible conflict of interest regarding a particular decision, shall not, once the conflict is ascertained, participate in the decision and shall not discuss or comment on the matter in any way to any person including other members unless otherwise permitted by law.
9. Gifts and Favors. Members shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office that is not available to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised. Disqualification of a member from participating in a government decision based on the acceptance of a gift shall be determined in accordance with legal requirements of the Political Reform Act, applicable regulations and case law.
10. Confidential Information. Members shall maintain the confidentiality of all written materials and verbal information provided to members which is confidential or privileged. Members shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests.
11. Use of Public Resources. Members shall not use public resources which are not available to the public in general (e.g., City staff time, equipment, supplies or facilities) for private gain or for personal purposes not otherwise authorized by law.
12. 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, Committee, Commission or proceeding of the City, nor shall members of Boards, Committees and Commissions 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.
13. Advocacy. Members shall represent the official policies or positions of the City Council, Board, Committee or Commission to the best of their ability when designated as delegates for this purpose.
When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the City of Oceanside, nor will they allow the inference that they do.
Councilmembers, Council Aides and Board, Committee and Commission members have the right to endorse candidates for all Council seats or other elected offices. It is inappropriate to mention or display endorsements during Council meetings, or Board, Committee and Commission meetings, or other official City meetings.
14. Policy Role of Members. Members shall respect and adhere to the council-manager structure of Oceanside City government as outlined in the City Charter. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by City staff, Boards, Committees and Commissions, and the public. Except as provided by the City Code and applicable council policies, members shall not interfere with the administrative functions of the City or the professional duties of City staff; nor shall they impair the ability of staff to implement Council policy decisions.
15. Independence of Boards, Committees and Commissions. Because of the value of the independent advice of Boards, Committees and Commissions to the public decision-making process, members of Council shall refrain from using their position to unduly influence the deliberations or outcomes of Board, Committee and Commission proceedings.
16. Positive Work Place Environment. Members shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City. Members shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to staff.
B. CONDUCT GUIDELINES
The Conduct Guidelines are designed to describe the manner in which elected and appointed officials shall treat one another, City staff, constituents, and others they come into contact with while representing the City of Oceanside.
1. Elected and Appointed Officials’ Conduct with Each Other in Public Meetings Elected and appointed officials are individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal shall be acknowledged even though individuals may not agree on every issue. (a) Honor the role of the chair in maintaining order
It is the responsibility of the chair to keep the comments of members on track during public meetings.
Members shall honor efforts by the chair to focus discussion on current agenda items. If there is disagreement about the agenda or the chair’s actions, those objections shall be voiced politely and with reason, following procedures outlined in parliamentary procedure. (b) Practice civility and decorum in discussions and debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of debate by a free democracy in action. Free debate does not require nor justify, however, public officials to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments.
(c) Avoid personal comments that could offend other members If a member is personally offended by the remarks of another member, the offended member shall make notes of the actual words used and call for a "point of personal privilege" that challenges the other member to justify or apologize for the language used. The chair will maintain control of this discussion. (d) Demonstrate effective problem-solving approaches
Members have a public stage and have the responsibility to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole.
2. Elected and Appointed Officials’ Conduct with the Public in Public Meetings Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect shall be evident on the part of individual members toward an individual participating in a public forum. Every effort shall be made to be fair and impartial in listening to public testimony.
(a) Be welcoming to speakers and treat them with care and gentleness.
While questions of clarification may be asked, the official’s primary role during public testimony is to listen.
(b) Be fair and equitable in allocating public hearing time to individual speakers.
The chair will determine limits on speakers at the start of the public hearing process, if different than standard time limits.
(c) Practice active listening
It is disconcerting to speakers to have members not look at them when they are speaking. It is fine to look down at documents or to make notes, but reading for a long period of time or gazing around the room gives the appearance of disinterest. Members shall try to be conscious of facial expressions, and avoid those that could be interpreted as "smirking," disbelief, anger or boredom. (d) Maintain an open mind
Members of the public deserve an opportunity to influence the thinking of elected and appointed officials. (e) Ask for clarification, but avoid debate and argument with the public Only the chair – not individual members – can interrupt a speaker during a presentation. However, a member can ask the chair for a point of order if the speaker is off the topic or exhibiting behavior or language the member finds disturbing.
(f) Use of Electronic Devices during Public Hearing Time While the Council is in session, to satisfy due process requirements, Council Members shall give their sole attention to the proceedings and shall refrain from using electronic devices such as computers, cell phones, pagers, PDAs and other electronic devices for the purpose of sending or receiving external communication unless an emergency or extraordinary circumstance exists.
3. Elected and Appointed Officials’ Conduct with City Staff Governance of a City relies on the cooperative efforts of elected officials, who set policy, appointed members of Boards and Commissions who advise the elected, and City staff who implement and administer the Council’s policies. Therefore, every effort shall be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. (a) Treat all staff as professionals
Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable. (b) Do not disrupt City staff from their jobs
Elected and appointed officials shall not disrupt City staff while they are in meetings, on the phone, or engrossed in performing their job functions in order to have their individual needs met. Attendance by elected officials at any meeting attended by City staff shall be in accordance with City Council Policy 100-
20. (c) Never publicly criticize an individual employee Elected and appointed officials shall never express concerns about the performance of a City employee under the supervision of the City Manager or City Attorney in public, to the employee directly, or to the
employee’s manager. Comments about staff performance shall only be made to the City Manager or City Attorney, as applicable, through private correspondence or conversation. Appointed members of Boards and Commissions shall make their comments regarding staff to the City Manager or the Mayor. (d) Do not get involved in administrative functions
Elected and appointed officials acting in their individual capacity shall not attempt to influence City staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits. (e) Do not solicit political support from staff
Elected and appointed officials shall not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City staff. City staff may, as private citizens with constitutional rights, support political candidates but all such activities shall be done away from the workplace.
(f) No Attorney-Client Relationship
The City Attorney represents the City and not elected or appointed officials acting in their individual capacity. Members shall not seek to establish an attorney-client relationship with the City Attorney, or members of the City Attorney’s staff.
4. Council Conduct with Boards, Committees and Commissions The City has established several Boards, Committees and Commissions as a means of gathering more community input. Citizens who serve on Boards, Committees and Commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City’s leadership and shall be treated with appreciation and respect.
(a) If attending a Board, Committee or Commission meeting, be careful to only express personal opinions Subject to the limitations of the Brown Act, Councilmembers may attend any Board, Committee or Commission meeting, which are always open to any member of the public. However, they shall be sensitive to the way their participation – especially if it is on behalf of an individual, business or developer – could be viewed as unfairly affecting the process. Any public comments by a Councilmember at a Board, Committee or Commission meeting shall be clearly made as individual opinion and not a representation of the feelings of the entire City Council.
(b) Limit contact with Board, Committee and Commission members to questions of clarification It is inappropriate for a Councilmember to contact a Board, Committee or Commission member to lobby on behalf of an individual, business, or developer, and vice versa. It is acceptable for Councilmembers to contact Board, Committee or Commission members in order to clarify a position taken by the Board, Committee or Commission.
(c) Respect that Boards, Committees and Commissions serve the community, not individual Councilmembers
The Mayor, subject to City Council confirmation, appoints individualsto serve on Boards, Committees and Commissions, and it is the responsibility of members of Boards, Committees and Commissions to follow applicable bylaws as well as City law and policy established by the Council. Board, Committee and Commission members do not report to individual Councilmembers, nor shall Councilmembers threaten Board, Committee and Commission members with removal over political disputes. Appointment and reappointment to a Board, Committee or Commission shall be based on such criteria as expertise, ability to work with staff and the public, and commitment to fulfilling official duties. (d) Be respectful of diverse opinions
A primary role of Boards, Committees and Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives.
Councilmembers may have a closer working relationship with some individuals serving on Boards, Committees and Commissions, but shall be fair and respectful of all citizens serving on Boards, Committees and Commissions.
(e) Keep political support away from public forums
Board, Committee and Commission members may offer political support to a Councilmember, but not in a public forum while conducting official duties. Conversely, Councilmembers may support Board, Committee and Commission members who are running for office, but not in an official forum in their capacity as a Councilmember.
5. Conduct with the Media
Council Members are frequently contacted by the media for background and quotes. Advisory Body members are not authorized to represent the City outside of official Advisory Body meetings unless specifically authorized to do so by the City Council. Media inquiries should be responded to within reasonable timeframes. Official City responses will be given by the Mayor or Council designee (i.e. Deputy Mayor in Mayor’s absence), the City Manager or his/her designee, or City Attorney, as applicable.
6. Social Media Use
When using social media, City officials must clearly disclose that they are expressing their own personal opinion and not an official position of the City or, if applicable, the body on which they serve. Where appropriate, posting a disclaimer to this effect is advised. City officials must also use caution when communicating on social media in that it does not become a conduit to communicate with their fellow council/commission members in violation of the Brown Act.
7. Outside Employment
No official shall engage in or accept private employment or render servicesfor private interests when such employment or service is incompatible with the proper discharge of their official duties in violation of
Government Code section 1099 and applicable case law, or would tend to impair their independence of judgment or action in the performance of their official duties.
8. Post-City Employment
Former City Officials shall not engage in direct communication with the City for the purpose of lobbying the City if the former City Official served as a City Official within the previous 12 months, and the former City Official is receiving compensation from a private business to engage in the direct communication with the City.
C. SANCTIONS
Upon a finding by a majority of the City Council that any public official violated any provision of the Prohibited Conduct section of this chapter, the City Council may impose any of the following sanctions:
1. Elected Officials.
a) Public censure.
2. Council Aides
a) Public censure.
3. Appointed Officials of Boards, Commissions and Committees. a) Referral to the Board, Commission or Committee of which the appointed official is a member for public censure;
b) Public censure by the Mayor and City Council; or
c) Removal from office by a majority of the Mayor and City Council
4. Whistle Blower Protections
To the extent not otherwise prohibited by State law, City officials and employees shall not use or threaten to use any official authority or influence to discourage, restrain or interfere with or to effect a reprisal against any person, including, but not limited to, a City official or employee, for the purpose or with the intent of preventing such person from acting in good faith to report or otherwise bring to the attention of the City or other appropriate agency, office or department, any information that, if true, would constitute a gross waste of City funds, a gross abuse of authority, a specified and substantial danger to public health or safety due to any act or omission of an City official or employee, or the use of a City office or position or of City resources for personal gain.
D. IMPLEMENTATION
The Code of Ethics and Conduct is intended to be self-enforcing and is an expression of the standards of conduct for members expected by the City. It therefore becomes most effective when members are thoroughly familiar with it and embrace its provisions.
For this reason, this document shall be included in the regular orientations for candidates for City Council, City Treasurer, City Clerk, Council Aides, members of Board, Committee and Commissions, and newly elected and appointed officials. Members entering office shall sign a statement (below) acknowledging they have read and understand the Code of Ethics and Conduct. In addition, the Code of Ethics and Conduct shall be periodically reviewed by the City Council and updated as necessary.
I affirm that I have read and understand the City of Oceanside Code of Ethics and Conduct for Elected and Appointed Officials.
Name: _________________________________
Signature: ______________________________ Date:___________________
Department Responsible: Management Services
Date Created: 08/6/2019
Approved By: City Council
SUBJECT: Manhattan Beach Rules of Decorum at Public Meetings PURPOSE: To provide safeguard participatory democracy in the City of Manhattan Beach
MANHATTAN BEACH RULES OF DECORUM AT PUBLIC MEETINGS
WHEREAS, a majority of Americans believe that our society is increasingly uncivil and that this problem is particularly acute and particularly detrimental in national, state and local political arenas where it threatens government’s ability to function democratically and effectively;
WHEREAS, across the nation many groups have adopted policies and rules to enhance civility and decorum at public meetings;
WHEREAS, in keeping with this national trend many cities have approved policies to promote civility and maintain decorum at local public meetings; WHEREAS, the defining characteristics of the City of Manhattan Beach include its commitment to the democratic process, individual rights of expression, robust debate and tolerance for disparate views;
WHEREAS, the Manhattan Beach City Council, the City’s boards and commissions, other public bodies and various community groups all convene public meetings to address controversial issues that engender passionate and often conflicting opinions; WHEREAS, an atmosphere of incivility and disrespect at these meetings can stifle participation and debate, threaten the quality of decisions and undermine the local democratic process; and
WHEREAS, adopting rules of decorum applicable to all public meetings will help ensure that civic engagement and local democracy continue to flourish in Manhattan Beach.
PROVISIONS:
A. General Guidelines
The City has numerous public meetings such as City Council meetings, Commission meetings, Board meetings, etc. (hereinafter “Public Meetings”). In order to safeguard participatory democracy in Manhattan Beach, all persons attending Public Meetings in Manhattan Beach should strive to:
Treat everyone courteously
Subject: Manhattan Beach Rules of Decorum at Public Meetings
Listen to others respectfully
Exercise self-control
Give open-minded consideration to all viewpoints
Focus on the issues and avoid personalizing debate
Embrace respectful disagreement and dissent as democratic rights that are inherent components of an inclusive public process and tools for forging sound decisions.
B. Rules of Decorum
1. No person attending a Public Meetings shall engage in disorderly or boisterous conduct—including but not limited to applause, whistling, stamping of feet, booing, or making any loud, threatening, profane, abusive, personal, impertinent, or slanderous utterance—that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting.
2. All remarks by members of the public shall be addressed to the Mayor or the Chair (hereinafter “Presiding Officer”) and not to any other member of the public or to any single Council, Board or Commission Member unless in response to a question from that Member.
3. Signs, placards, banners, or other similar items shall not be permitted in the audience during a Public Meeting if the presence of such item disturbs, disrupts or otherwise impedes the orderly conduct of the meeting.
4. All persons attending a Public Meeting shall remain seated in the seats provided, unless addressing the body at the podium or entering or leaving the meeting.
5. All persons attending a Public Meeting shall obey any lawful order of the Presiding Officer to enforce the Rules of Decorum.
C. Enforcement of the Rules of Decorum
1. The Presiding Officer shall be responsible for maintaining the decorum at the Public Meeting and uniformly enforcing the Rules of Decorum.
2. In the event that any person breaches the Rules of Decorum in a manner that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting, the Presiding Officer shall order that person to cease the offending conduct.
3. If any person continues to breach the Rules of Decorum in a manner that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting following an order from the Presiding Officer to cease the offending conduct, the Presiding Officer may order that person to leave the Public Meeting.
4. If any person refuses to leave the Public Meeting following an order from the Presiding Officer to do so, the Presiding Officer may order any law enforcement officer on duty to remove that person from the Public Meeting.
The City Council, all City Boards and Commissions, and City staff shall promote the use of and adherence to these guidelines for behavior at all public meetings within the City.
Department Responsible: Management Services
Date Created: 08/6/2019
Approved By: City Council
SUBJECT: Manhattan Beach Civility Policy
PURPOSE: Promote mutual respect, civility, and orderly conduct among City employees, elected officials, and the public.
MANHATTAN BEACH CIVILITY POLICY
(AMENDED AND RESTATED AUGUST 6, 2019)
RECITALS
1. Manhattan Beach elected officials and employees will treat members of the public with respect and expect the same in return. The City is committed to maintaining orderly administrative processes in keeping City administrative offices free from disruptions. The City is committed to maintaining a safe, productive and harassment-free work environment for all of its City employees.
2. This policy promotes mutual respect, civility and orderly conduct among City employees, elected officials, and the public. This policy is not intended to deprive any person of his or her right to freedom of expression, but only to maintain, to the extent possible and reasonable, a safe, productive and harassment-free workplace for City staff and a safe and non-threatening environment for visitors and customers. The City encourages professional, respectful, and courteous communication and discourages hostile, intimidating, or otherwise disruptive actions. The City seeks public cooperation with this endeavor.
PROVISIONS:
A. Rules of Civility
1. All interactions between City staff, City elected officials and members of the public will be conducted in a respectful manner.
2. Threats, including threats of violence, will not be tolerated.
3. Members of the public will refrain from any behavior that disrupts or threatens to disrupt City government operations, including any of the following:
a) Insulting, demeaning, intimidating, or offensive communications; b) Harassment or intimidation of any City staff, City elected official, or member of the public;
c) Willful destruction of property damage;
Subject: Manhattan Beach Civility Policy
d) Conduct that threatens to provoke a violent reaction; and e) A continuing pattern of disruptive behavior.
B. Enforcement Protocols.
The City will take the following steps to promote compliance with this Civility Policy.
The City reserves the right to take additional measures as necessary, including establishing a separate protocol for interactions between City staff and a member of the public.
1. Official Warning
If a member of the public violates this Civility Policy, staff will issue an oral warning and provide that person with a copy of this policy before taking further action unless the behavior of the member of the public requires a more severe response. This warning, which should clearly identify both the offending behavior and potential consequences that will arise if such behavior persists, will provide the member of the public with an opportunity to improve his or her behavior before the City takes more serious action, such as removal from the premises.
2. Suspension from the Government Building
If a member of the public does not improve his or her behavior in response to an official warning, the City will request the individual leave the premises for a short period of time). This temporary suspension from City property provides the member of the public with an opportunity to “cool down” and reflect on his or her treatment of City staff.
3. Cease and Desist Letter
If a member of the public does not improve his or her behavior in response to an official warning or brief suspension, the City will respond by sending a “cease-anddesist” letter. The letter will identify both the prohibited conduct and the City’s potential remedies. A “cease-and-desist” letter will put the member of the public on notice of the potentially serious consequences of his or her conduct.
4. Additional Measures
As noted above, nothing in this policy precludes additional action where warranted.
COUNCIL POLICY
TITLE TITLE CODE OF ETHICS FOR
OFFICIALS AND EMPLOYEES OF THE
CITY OF SAN JOSE
PAGE
1 of 3
POLICY NUMBER
0-15
EFFECTIVE DATE August 19, 1980 REVISED DATE June 28, 2005 APPROVED BY COUNCIL ACTION 8/19/1980, Res. No. 53699; 10/14/1980, Res. No. 53971; 3/23/1982, Res. No. 55371; 6/25/1991, Item 9(j), Res. No. 63171; 6/28/2005, Item 10.1(a1), Res. No. 72837
PURPOSE AND SCOPE
In order to best serve the citizens and customers of the City of San José, the elected and appointed officials, and employees of the City must act individually and collectively to create a City government that is responsible, fair, honest and open. City employees and officials are expected to demonstrate the highest standards of personal integrity, honesty and conduct in all activities in order to inspire public confidence and trust in City employees.
As stated in the City Charter, "The citizens of San José expect and must receive the highest standard of ethics from all those in the public service. City officers and employees must be independent, impartial and responsible in the performance of their duties and accountable to the members of the public." The purpose of this Code of Ethics is to establish policy and guidelines, reflecting expected values and behaviors for use by and applicable to elected and appointed City officials, City officers, including Board and Commission members, and employees. Individuals employed by the City under contractual agreement must also observe the provisions of this policy for the term of their contract or as the contract may stipulate.
For additional regulations regarding ethics please refer to Title 12 of the San José Municipal Code.
POLICY
Elected and appointed officials and employees of the City of San José at all levels are guardians of the public trust. City officials and employees are required to be impartial and responsible in the fulfillment of their duties.
The citizens and customers of San José expect and must receive the highest standard of ethics from all those in public service, regardless of personal consideration.
1. Responsibilities of Public Service
City officials and employees are obligated to uphold the Constitution of the United States and the Constitution of the State of California and to comply with Federal, State, and local laws and City policies. Recognizing the special responsibilities of serving the City and its citizens and customers, City officials and employees are required to maintain the highest standards of integrity and honesty, and they are expected to treat all members of the public and fellow City employees with respect, courtesy, concern and responsiveness. The conduct of City officials and employees in both their official and private affairs should be above reproach to assure that their City position is not used for personal gain.
2. General Rule with Respect to Conflicts of Interest
City employees and officials are expected to avoid any conflicts of interest. Further, employees should avoid the appearance of conflicts of interest in order to ensure that City decisions are made in an independent and impartial manner.
All City officials, officers and employees are prohibited from making, participation in making, or attempting in any way to use his or her official position to influence a City decision in which the City of San José, California
employee knows or has reason to know he or she has a financial interest as defined by law. For example, City employees and officials shall not make personal investments nor maintain any direct or indirect interest in enterprises, activities, or entities which they have or have reason to believe may be involved in decisions or recommendations to be made by them or persons under their supervision, or which may create a conflict between their private interests or may impair their independence of judgment in the accomplishment of their official duties. If, however, persons in the public service have financial interests in matters coming before them, or before the department in which they are employed, they shall remove themselves from making, participating in the making, or seeking to influence any decision regarding such matter. Employees who are designated in the City's Conflict of Interest Code, shall file the appropriate disclosure statements required under State Law.
A conflict of interest may arise when dealing with a current or prospective vendor, supplier, or other business. Please refer to Section 3 below and seek guidance from a supervisor or from the Employee Helpline at 535-8150.
3. Acceptance of Favors, Gratuities and Gifts
City employees and officials shall not accept money or other consideration or favors from anyone other than the City for the performance of an act which they would be required or expected to perform in the regular course of their duties; nor shall such persons accept any gifts as defined in the City's Gift Ordinance, gratuities or favors of any kind which be perceived or interpreted as an attempt to influence their actions with respect to City business.
This is just a summary of your obligations, for additional information regarding specific regulations on the acceptance of gifts; please refer to policy 2.02, titled Gift Policy in the City Policy Manual.
Additionally, if there are any discrepancies between this Gift Policy and Title 12 of the San José Municipal Code, Title 12 of the San José Municipal Code supersedes.
4. Use of Confidential Information
City employees and officials shall not use confidential information acquired by or available to them in the course of their employment with the City for personal gain or for personal, non-City business related reasons. City employees and officials shall uphold the public's right to know, and in accordance with the Brown Act, uphold the public's right to know not only the decisions taken, but also the deliberations which shape public policies. Any employee or official, who is aware of a breach of confidentiality, is expected to bring forth that information to the appropriate officials in a timely manner.
5. Use of City Employment and Facilities for Personal Gain City employees and officials shall not use City time, City funds or City facilities, equipment or supplies for personal use or personal gain or for campaign related political activities, nor shall they use or attempt to use their position to secure unwarranted privileges or exemptions for themselves or others.
This is just a summary of your obligations, for additional information please refer to policy 1.6.2, titled Personal Use of City Equipment, and 1.7.1, titled Use of E-Mail, Internet Services and Other Electronic Media, in the City Policy Manual.
6. Outside Employment
No employee shall engage in any work, employment or occupation outside City employment, which is detrimental to City service, which prevents or impedes the efficient performance of their duties in City employment, or which is in any way in conflict with their employment with the City. No employee shall engage in any work, employment or occupation outside City employment unless they have notified their department via an Outside Work Permit, and the permit has been approved by the Department Director.
This is just a summary of your obligations, for additional information please refer to policy 1.2.3, titled Outside Employment Policy, in the City Policy Manual.
TITLE TITLE CODE OF ETHICS FOR OFFICIALS AND
EMPLOYEES OF THE CITY OF SAN JOSE
PAGE
2 of 3
POLICY NUMBER
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7. Discussion of Future Employment
All offers or discussions of offers to City employees of future employment outside City service must be reported immediately to the employee's supervisor whenever such discussions occur with, or when such offer is made by, any person, firm or organization presently dealing with the City concerning matters directly within the employee's current areas of decision-making responsibilities. It shall be within the supervisor's discretionary powers to relieve said employee from further decision-making responsibilities in relationship to said person, firm or organization if he or she determines that the offer of employment or discussions of an offer of employment would impair the employee's independence or judgment or could be construed by others as a bid for favorable treatment.
8. Reporting of Improper Activities
The City of San José has a responsibility to conduct its affairs ethically and in compliance with the law.
City employees and persons in City service are expected and encouraged to promptly raise questions and concerns regarding possible violations of City policy or local, State or Federal law with his/her immediate supervisor or another management employee within the employee's department. Employees may also call the Employee Helpline at 535-8150 or the Fraud and Audit Hotline at 535-8200.
It is the policy of the City to prohibit the taking of any adverse employment action against those who in good faith report or participate in investigations into complaints of alleged violations of City policy or local, State or Federal law in retaliation for that reporting or participation. No officer or employee of the City shall directly or indirectly use or attempt to use the authority or influence of such officer or employee for the purpose of intimidating, threatening, coercing, directing or influencing any person with the intent of interfering with that person's duty to disclose alleged violations of City policy or local, State or Federal law.
This is just a summary of your obligations, for additional information please refer to Policy 1.1.4, titled Non-Retaliation, in the City Policy Manual.
9. Discrimination and Harassment
City employees and officials shall not, in the performance of their duties, discriminate against any person on the basis of race, color, religion, national origin, ancestry, age, sex, gender, pregnancy, childbirth or related medical condition, sexual orientation, marital status, disability, medical condition and actual or perceived gender identity and they will reinforce the City of San José's commitment to equal employment opportunity and a work environment free of discrimination and harassment, including sexual harassment.
This is just a summary of your obligations, for additional information please refer to policy 1.1.1, titled Discrimination and Harassment Policy, in the City Policy Manual.
VIOLATIONS OF THE CODE OF ETHICS
In addition to any other penalty as provided by law, employees who violate the Code of Ethics will be subject to disciplinary action, up to and including termination. The violation of this Code of Ethics by a City official, elected or appointed, constitutes official misconduct. For additional information, please refer to Title 12 of the San José Municipal Code and the City Council Censure Policy.
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Chapter 12.18 - REMOVAL FROM OFFICE
Part 1 - PURPOSE
12.18.010 - Purpose.
This chapter implements the ground and process for removal of a member of the city council pursuant to Charter Section 405. The purpose of the proceeding established in this chapter is to determine whether the member should be allowed to continue in his or her capacity as an elected official of the City of San José and not to determine whether the member is guilty of a crime. The principal objective of the proceeding is to protect the City of San José and the public which it serves from persons unfit to hold elective office as a member of the city council. The removal process set forth in this chapter is the most severe response to misconduct in office and should be exercised only for the most egregious and serious offenses. (Ord. 27925.)
Part 2 - DEFINITIONS
12.18.200 - Definitions.
The definitions set forth in this part shall govern the application and interpretation of this chapter. (Ord. 27925.)
12.18.210 - Member of council.
"Member of council" means any of the members of the city council including the mayor as provided in Charter Section 1704.
(Ord. 27925.)
12.18.220 - Misconduct in office.
"Misconduct in office" means an egregious and serious wrongful or unlawful act, lawful act performed in a wrongful manner, or a failure to act when a duty to act existed, that is taken in his or her official capacity or in relation to the duties of office. For purposes of this chapter, members of council have a duty to abide by federal and state law, city charter, city ordinances, and city policies, including conflict of interest or governmental ethics laws. (Ord. 27925.)
12.18.230 - Rules committee.
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"Rules committee" means the committee of the city council established as the rules committee by City Council Resolution No. 73321, as such resolution may be amended or superseded. (Ord. 27925.)
12.18.240 - Subject member.
"Subject member" means the member of council who is the subject of the request for removal from office. (Ord. 27925.)
12.18.250 - Willful.
"Willful" means a purpose or willingness to commit the act or to not act with knowledge of a duty to act.
Willfulness does not require knowledge that the act violates the law, or intent to violate the law, injure another or to acquire any advantage.
(Ord. 27925.)
Part 3 - GROUNDS FOR REMOVAL, INITIATION OF PROCEEDINGS
12.18.300 - Grounds for removal.
The city council may remove a member of council from office for willful misconduct in office pursuant to the provisions of this chapter.
(Ord. 27925.)
12.18.310 - Recall result in termination of removal proceedings.
All proceedings under this chapter shall terminate and cannot be reinstated if at any point during the process, a recall of a member of council has been initiated, pursuant to Charter Section 1603, and the county registrar of voters issues a certificate of sufficiency for the petition pursuant to Elections Code Sections 11224 and 11225, as may be amended.
(Ord. 27925.)
12.18.320 - Request for removal.
A member of council may initiate a request for removal hearing by submitting the request in writing to the rules committee. Only a member of council may make this request.
The request must contain the specific allegations of willful misconduct in office upon which the proposed removal is based.
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meeting following receipt of a request with specific allegations. (Ord. 27925.)
12.18.330 - Service of removal allegations.
A copy of the request for removal and the specific allegations shall be served on the subject member by personal service at least five business days prior to the rules committee meeting at which it will be considered. The subject member shall have the right to appear and address the rules committee. (Ord. 27925.)
12.18.340 - Rules committee review.
At the rules committee meeting at which the removal request is considered, the rules committee shall recommend one or more of the following:
Investigation of the allegations in the request is warranted for consideration of removal assuming the allegations are true and could be deemed willful misconduct in office under state law; The recommended level of action is admonition, sanction and/or censure pursuant to City Council Conduct Policy (0-28), as may be amended; or
No action is warranted.
The rules committee shall set forth the reasons for its recommendation in a report to the city council.
The determination of the rules committee on the removal request shall be subject to confirmation by the city council as part of the rules committee report. The city clerk shall place the rules committee report on the agenda of a regularly scheduled city council meeting within thirty days of the rules committee meeting.
The city council may by resolution confirm the recommendation of the rules committee or determine that another action enumerated in Subsection a be taken. The city council shall set forth the reasons for its determination in the resolution. The resolution of the city council requires the affirmative vote of no less than six members of the city council.
(Ord. 27925.)
12.18.350 - Investigation committee.
The investigation of the removal request shall be undertaken by a committee. The committee members shall be appointed by the mayor, or the vice mayor if the mayor is the subject of the removal request. If both the mayor and vice mayor are the subject of the removal hearing, then the members of council remaining shall by a simple majority of no less than six affirmative votes appoint the committee members. The appointments shall be confirmed by the city council.
The committee shall be comprised of not less than five and no more than seven members. One member of the committee shall be an attorney in good standing with the California State Bar, and one member of the committee shall have held elective government office. 9/28/22, 9:50 AM San Jose, CA Code of Ordinances
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3. Each member of the investigation committee shall comply with the following qualifications during his or her on the committee:
Each member shall be a qualified elector of the City of San José.
No member may participate in any campaign supporting or opposing a candidate for city elective office. For the purposes of this section, participation in a campaign includes but is not limited to making contributions or soliciting contributions, publicly endorsing or urging endorsement of a candidate, or participating in decisions by organizations to participate in a campaign.
No member may be a registered lobbyist or campaign consultant, or be employed by or receive gifts or other compensation from a registered lobbyists or campaign consultant.
No member may hold employment with the city, redevelopment agency, or any member of the city council outside of city employment.
No member may hold any other city office.
No member may become a candidate for city elective office during his or her tenure on the committee, and for twelve months thereafter.
(Ord. 27925.)
12.18.360 - Investigation.
All of the following shall apply to committee investigations:
The committee may be staffed by administrative, investigative, and legal staff. Legal staff shall be outside counsel retained by the city council to investigate the allegations and serve as the prosecutor in a removal hearing.
If authorized by the city council, the committee may subpoena witnesses and documents.
If requested by the city council, the committee may determine whether a member of the city council is disqualified from participating in the removal proceedings due to actual bias or a high probability of actual bias.
In formulating its recommendation to the city council at the culmination of the investigation, the committee shall determine if there are reasonable grounds to believe or not believe that the conduct, violation, or offense occurred based on all the facts and evidence obtained by and available to the committee.
The city clerk shall place on the agenda of regularly scheduled city council meeting a status report on the progress of the investigation by the committee within thirty days of the committee's appointment by the city council.
The committee shall issue a final report and recommendation to the city council. The final report shall include but is not limited to all of the following:
A statement of the facts and allegations leading to the investigation; A summary of the evidence reviewed and relied upon for the recommendation; A statement of the applicable laws and policies;
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3. An analysis applying the evidence to the applicable laws and policies; and A conclusion setting forth the committee's findings and recommendation.
The city clerk shall post the final report of the committee on the city's website no later than three (3) business days after the committee issues the report.
The meetings of the committee shall be subject to the Ralph M. Brown Act, California Government Code Section 54950 et seq., as may be amended.
All the documents received by the committee shall be retained by the city in accordance with the city clerk's records retention schedule and shall be subject to disclosure pursuant to the Public Records Act, California Government Code Section 6250 et seq., as may be amended. (Ord. 27925.)
12.18.370 - City council review of committee report.
After consideration of the final report from the committee, the city council shall determine one or more of the following:
Further investigation of the allegations in the removal request is warranted; The removal request is to be set for a public hearing;
The recommended level of action is admonition, sanction and/or censure pursuant to City Council Conduct Policy (0-28), as may be amended; or
No further action is warranted.
If the city council determines that further investigation of the allegations in the removal request is warranted, the council shall specify the additional information sought and a due date for the additional information to be presented to the council.
If the city council sets the matter for a public hearing, it shall direct the city clerk to serve the subject member by personal service with a notice of hearing and all documents received by the committee. The notice of hearing shall include:
A statement of the nature of the proceeding;
A statement in ordinary concise language of each act or omission upon which the request for removal is based; and
A statement advising the subject member of his or her right to appear and present a defense as set forth in this chapter.
(Ord. 27925.)
Part 4 - REMOVAL HEARING
12.18.400 - Removal hearing.
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Prior to a decision by the city council to remove the subject member from office, the subject member shall receive a public hearing before the city council. The hearing shall be set to provide reasonable notice to the subject member and to provide him or her a reasonable time to prepare a defense. The hearing shall be set not less than thirty calendar days and within sixty days from the date that the notice of hearing is served on the subject member.
The date for the removal hearing may be extended beyond sixty days upon a showing of good cause by either party and approval by a simple majority of no less than affirmative votes of the city council. (Ord. 27925.)
12.18.410 - Removal hearing procedures.
The following shall apply to the conduct of the public hearing:
The subject member may be represented and may have the representative speak, present evidence, or question witnesses on his or her behalf.
The subject member and a designee of the committee shall have an opportunity to present evidence and question witnesses.
The subject member and a designee of the committee shall have the ability to subpoena witnesses and documents through the city council.
Oral evidence shall be taken only on oath or affirmation.
The public hearing is not a formal adversarial proceeding and strict rules of evidence shall not apply.
Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions.
The mayor, or the vice mayor if the mayor is the subject of the allegations, shall preside at the hearing. If both the mayor and vice mayor are the subjects of the removal hearing, then the members of council remaining shall by a simple majority of no less than six affirmative votes of the city council elect a member of council to preside at the hearing.
The city attorney or designee shall provide legal advice to the city council during the hearing. (Ord. 27925.)
12.18.420 - Findings and decision.
The city council may determine that the subject member has committed willful misconduct in office only if all members of council who are eligible to vote find by clear and convincing evidence that such misconduct occurred. A decision to remove the subject member from office requires the adoption of a resolution at the conclusion of the hearing, by three-fourths vote of the members of council who are eligible to vote but no less than six affirmative votes of the city council setting forth the city council's findings with regard to the specific allegations.
The subject member is not eligible to vote.
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(Ord. 27925.)
12.18.430 - Effect of removal.
Removal of a member of council will result in the office becoming vacant under Charter Section 409(e). (Ord. 27925.)