Administrative
Report
N.7., File # 23-5848 Meeting Date: 4/18/2023
To: MAYOR AND CITY COUNCIL
From: LUKE SMUDE, ASSISTANT TO THE CITY MANAGER
TITLE
DISCUSSION AND POSSIBLE ACTION REGARDING POSSIBLE ENHANCEMENTS TO THE CITY’S SUNSHINE POLICIES
EXECUTIVE SUMMARY
As part of the Strategic Plan, the City Council directed staff to examine the City’s existing Sunshine Policies and look at how other jurisdictions work to increase transparency and provide seamless access to information related to the execution of City business.
Staff presented preliminary findings to the Council on October 11, 2022 and was asked to return with research on: 1) enhancing Closed Session Agenda language, 2) options to amend the City’s existing public records policy that, in 2001, established a two-day response window for simple public records requests, 3) the revolving door policy in place in the City of Beverly Hills, and 4) how to better publicize upcoming City Council meeting agenda items.
BACKGROUND
All City business is subject to state sunshine laws codified in the California Public Records Act (PRA) as well as the Ralph M. Brown Act (Brown Act). These overarching sunshine policies are designed to promote transparency and allow community members to easily access records created by the City in conducting its normal business. The City, and other jurisdictions, have enacted additional, standalone policies that exceed the guidelines established in the PRA and the Brown Act and have adopted practices for additional disclosure of information related to closed session agenda items.
Closed sessions are agenda items that are conducted in private and are permitted for certain purposes. Closed session items must be briefly described on meeting agendas. The Brown Act provides "safe harbor" language for the descriptions of the closed session items, that, if complied with, create a defensible position against allegations of insufficiency. In other words, the specific language and descriptions, set forth in Government Code section 54954.5 (attached), are the minimum disclosures required to comply with the law. Alternate descriptions can comply with the Brown Act, but they may lose the protections of the “safe harbor” language set forth in Government Code section 54954.5.
In 2001, the City Council approved Resolution No. CC-102-103, which established a two-day window for the fulfillment of simple public records requests. Due to the increasing volume of public records requests received by the City Clerk’s Office, it is not feasible to continue to meet this two-day window.
At Council’s direction, staff is recommending removing Section 2 and Section 3 from the existing
N.7., File # 23-5848 Meeting Date: 4/18/2023
At Council’s direction, staff is recommending removing Section 2 and Section 3 from the existing Resolution that would eliminate the two-day threshold and also eliminate the ability for community members to initiate informal public records requests (attached). Formalizing public records requests through the City Clerk’s Office is a reliable way to catalogue requests, start the clock for response and ensure all requests are completed and closed in a timely manner. The change will not impact the ability of the City to maintain compliance with the provisions put forth in the PRA.
The Council also requested that staff examine the “Revolving Door Policy” in place in the City of Beverly Hills, which was implemented, according to their August 16, 2016 Agenda Report, “to promote and maintain the highest standards of personal and professional conduct among all involved in City government and in order to avoid any appearance of undue influence on City and elected officials in making governmental actions and decisions.” The policy applies to former City employees required to file a Form 700, former elected officials and former Planning Commissioners. These individuals are prohibited, under the Beverly Hills Municipal Code, from lobbying City government, accepting gifts valued at over $500 and accepting employment from an entity that receives 50% or more of its revenue from the City for a period of four years following their departure from City employment or elected position within the City. Should the City Council desire to institute a similar policy, staff will engage the City Attorney’s Office to produce a draft Ordinance to amend the Redondo Beach Municipal Code for consideration at a future meeting.
Council also requested that staff examine ways to announce upcoming agenda items to the public.
The Strategic Plan is updated monthly and includes a high-level summary of actions taken on key strategic areas identified by the Council and is a good way for the public to keep a pulse on important initiatives handled across all City Departments. Staff also publishes its agendas for the public online, and physically outside of City Hall. Recently, discussions have taken place on how to best inform the community about the decisions made during City Council meetings via social media and the website.
With Council direction, staff can align these efforts to provide timely and accurate information about upcoming Council agendas and create an advanced “topic based” meeting schedule for items of significant community interest that would be made available on the City website.
At this time, staff is seeking direction from the Council on: 1) the desired level of disclosure for Closed Session agenda language, 2) whether or not to amend Resolution No. CC-102-103 with respect to the PRA, 3) whether or not to draft a Revolving Door Ordinance similar to the City of Beverly Hills, along with what specific employees, officials, and thresholds to include in the Policy, and 4) opportunities to publicize and enhance communication to the public related to upcoming City Council Agendas.
COORDINATION
This report was created in coordination with the City Clerk’s Office and the City Attorney’s Office.
FISCAL IMPACT
There is no fiscal impact associated with the preparation of this item.
APPROVED BY:
Mike Witzansky, City Manager
N.7., File # 23-5848 Meeting Date: 4/18/2023
ATTACHMENTS
· Admin Report - Sunshine Policy, October 11, 2022
· Government Code Section 54954.5
· Government Code Section 54954.1
· Reso - No. CC-102-013 Policy Regarding the Inspection and Copying of Public Records, March 20, 2001
· Reso - Draft Resolution #CC-XXXX-XX Amending Resolution No. CC-102-013 Policy Regarding the Inspection and Copying of Public Records
· Ord - #16-O-2707 - Restrictions Pertaining to Former Elected Officials, Former Planning Commissioners, Effective September 30, 2016
· Beverly Hills Municipal Code - Section 1-9-203: Prohibition of Certain Activities