City of Sacramento
Personnel and Public Employees Committee Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00434 4/18/2023 Discussion Item 7.
Discuss City of Sacramento Board, Commission, and Committee Annual Report Template File ID: 2023-00434
Location: Citywide
Recommendation: Receive and provide direction on an annual report template for City of Sacramento boards, commissions, and committees.
Contact: Mindy Cuppy, City Clerk, (916) 808-5442, [email protected], Office of the City Clerk
Presenter: Councilmember Lisa Kaplan, Chair, Personnel and Public Employees Committee Attachments:
1-Description/Analysis
2-Draft Sample Annual Report Template
Additional Description/Analysis
To assist the city council and city council appointed board, commission, and committee members achieve the high professional levels of service our community expects, the Personnel and Public Employees (P&PE) Committee has the role and responsibility of developing the model for oversight, facilitation, and staffing responsibilities for city advisory bodies. The word “advisory bodies” in this report is used to denote all city boards, commissions, and committees. The word “commissioner” in this report is used to denote all members appointed by the city council to serve on the advisory body.
Commissioners are appointed from within the community and are expected to represent the city as a whole while promoting community and stakeholder input and taking into account all viewpoints.
Commissioners are nominated for appointment by councilmembers, the mayor, or by P&PE, and appointed by the mayor subject to concurrence by the full city council. Serving as a commissioner allowsresidents with have special experience or interests to participate in the city's decision-making process by advising city staff and the city council on numerous issues.
The specific role of most advisory bodies is to review and make recommendations to the city council on matters within its scope of authority and responsibility. This is achieved at publicly noticed
File ID: 2023-00434 4/18/2023 Discussion Item 7.
meetings, which serve as a venue for robust community input and participation.
So that advisory bodies may effectively achieve their important role, voice, and work of providing thoughtful community recommendations to the city council on a consistent basis, the P&PE Committee will facilitate the process for advisory bodies to communicate their accomplishments, projects, priorities, and recommendations to the city council.
Council Rules of Procedure, Chapter 17 (C) outlines the process for advisory body recommendations and reports to the city council:
Annual Report Preparation:
· Each advisory body shall provide an annual report for review by the P&PE Committee. · The annual report shall be provided in a format established by the city clerk and should include highlights and accomplishments from the prior year’s work; proposed projects, priorities, and recommendations for the upcoming year; and any other information required of the advisory body according to the Sacramento City Code. · The city clerk shall manage an advisory body annual report calendar so that city staff can gather input to prepare a proposed report to the advisory body in a timely manner. · Each advisory body must approve its annual report before presentation to the P&PE Committee. When presenting proposed reports to advisory bodies, staff should include information on the feasibility of any recommendations therein.
Review by P&PE Committee:
· Annual reports approved by advisory bodies shall be placed on a P&PE Committee meeting agenda.
· The city clerk shall act as a liaison and collaborate with city staff to collect any additional information that may be helpful to the committee’s evaluation of advisory body annual reports. · The P&PE Committee shall review advisory body annual reports and give staff direction on those reports’ stated projects, priorities, and recommendations. Before forwarding the report to the city council, the committee may request supplemental information from staff or the advisory body.
Other Advisory Body Recommendations:
· Other recommendations. If an advisory body has recommendations outside the annual review process, the city clerk shall coordinate with the advisory body to have those recommendations brought before the P&PE Committee, which may consider and act on those recommendations in the same way it does advisory body annual reports.
Depending on the scope, powers, and duties of the advisory body, staff anticipates that each advisory
File ID: 2023-00434 4/18/2023 Discussion Item 7.
bodies annual report could include the following components:
· Advisory Body Year in Review
· Advisory Body Workplan
· Advisory Body Recommendations
· Advisory Body Subcommittee Recommendations
The City Clerk will work collaboratively with staff to city established boards, commissions, and committees to determine which report(s) are appropriate and to schedule their presentation to P&PE.
Templates that the commissions may use for their annual report have been provided, however another format may be used as long as it contains sufficient information for P&PE Committee deliberation.
P&PE will review each report and provide direction to the advisory body and could 1) direct staff to forward the report to the City Council for approval; 2) direct staff to update the report based on Personnel and Public Employee Committee recommendations and forward to the City Council for approval; or 3) ask the advisory body to update the report based on P&PE recommendations and come back to the Personnel and Public Employee Committee for additional review.
Policy Considerations: Council Rules of Procedure Chapter 17 -© - City Advisory Bodies outlines the Advisory Body Reports process.
Economic Impacts: Not applicable.
Environmental Considerations:
California Environmental Quality Act (CEQA): This action is not a project that is subject to CEQA because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines §15378(b)(5).) Sustainability: Not applicable.
Commission/Committee Action: On November 9, 2021, the P&PE Committee reviewed the proposed model for city commission oversight, facilitation, and staffing and the proposed policy updates to Sacramento City Code Chapter 2.40, Boards and Commissions and provided recommendations to the City Clerk. On February 15, 2022, the P&PE Committee passed a motion approving the proposed process for city advisory body annual reporting and forwarding it to the city council for approval. The process was incorporated in the Council Rules of Procedure which were approved by the City Council on November 29, 2022. The Council Rules of Procedure were further updated on March 7, 2023, but did not include amendments to Chapter 17 - City Advisory Bodies. On March 21, 2023 the P&PE Committee discussed the annual report process and provided additional feedback to staff.
Rationale for Recommendation: So that advisory bodies may effectively achieve their important
File ID: 2023-00434 4/18/2023 Discussion Item 7.
role, voice, and work of providing thoughtful community recommendations to the city council on a consistent basis, the P&PE Committee shall facilitate the process for advisory bodies to communicate their accomplishments, projects, priorities, and recommendations with the city council.
Financial Considerations: Not applicable.
Local Business Enterprise (LBE): Not applicable.
Sacramento Ethics Commission – DRAFT SAMPLE Annual Report 20XX City of Sacramento Page 1 of 6
DRAFT SAMPLE Annual Report 20XX
Sacramento Ethics Commission – DRAFT SAMPLE Annual Report 20XX City of Sacramento Page 2 of 6
DRAFT SAMPLE Sacramento Ethics Commission
The Sacramento Ethics Commission was established in 2017 by ordinance 2017-0026 and is codified in Sacramento City Code Section 2.112
Sacramento Ethics Commissioners
Deanna Adams
Liz Gomez
Linda Ng
Susan Underwood
Nicole Velasquez
Sacramento Ethics Commission Staff
Mindy Cuppy, MMC, City Clerk
Katie Gresham, Legislative Program Specialist
Gary P. Lindsey, Jr., Senior Deputy City Attorney
City of Sacramento – Office of the City Clerk
915 I Street – Sacramento, CA 95814
[email protected]
(916) 808-7200
www.commissions.cityofsacramento.org
Sacramento Ethics Commission – DRAFT SAMPLE Annual Report 20XX City of Sacramento Page 3 of 6
Purpose of the Sacramento Ethics Commission
The purpose of the commission is to review and consider complaints against elected and appointed city officials, as further described in section 2.112.030, to ensure those city officials are conforming their conduct to the city’s laws and policies.
Powers and Duties of the Sacramento Ethics Commission
A. Subject to subsections B and C below, the commission has the power and duty to do the following:
1. Review, investigate, and consider complaints alleging violations of:
a) Section 35 of the Sacramento City Charter (“Limitation on future employment”); b) Chapter 1.20 (“Code of Fair Campaign Practices”);
c) Chapter 2.13 (“Campaign Contribution Limitations”) and chapter 2.14 (“Campaign Spending Limits and Public Campaign Financing”), if the city has not contracted with the Fair Political Practices Commission for enforcement of those chapters; d) Chapter 2.15 (“Lobbyist Registration and Reporting Code”); e) Chapter 2.16 (“Conflict of Interest”);
f) Chapter 4.02 (“Code of Ethics”)
g) Chapter 4.04 (“Sunshine Ordinance”); and
h) Chapter 3 (“Conduct of Members”) and Rule 6.E (“Closed Sessions”) of the Council Rules of Procedure.
2. Enforce administrative penalties for violations of provisions covered in subsection A.1 above, in accordance with the policy adopted pursuant to section 2.112.030.C.6.
Penalties for each violation may not exceed the greater of (i) $5000, or (ii) in the case of campaign contributions, three times the amount that the violator failed to report properly or unlawfully contributed or accepted.
3. At least annually, report to the city council regarding the activities of the commission, with recommendations, if any, regarding the subjects of its purview as described in subsection A.1.
4. Every two years, review any contract the city has with the Fair Political Practices Commission, for the purpose of reporting to the council on the contract’s efficacy. The commission may also make recommendations regarding renewal of the contract.
5. Provide annual input to the city attorney on the list of law firms used by the city attorney to conduct investigations of sexual harassment claims against city officials.
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6. Provide input on the initial selection of an evaluator under subsection C.4; make recommendations for subsequent contracts with an evaluator; and make recommendations regarding the retention or replacement of an evaluator.
7. Act as the screening panel for selection of independent redistricting commission candidates, as provided in article XII of the Sacramento City Charter.
B. The commission’s authority under subsection A extends only to city elected officials, candidates for city elected office, independent expenditure committees, members of boards and commissions, the city manager, the city clerk, the city attorney, the city treasurer, the city auditor, the independent budget analyst, and the public safety accountability officer.
C. Complaint, Investigation, and Hearing Procedure.
1. In consultation with the city attorney, the commission shall adopt regulations and procedures for investigations and hearings to be conducted by the commission.
2. The commission’s review, investigation, and consideration of complaints shall be in accordance with its adopted regulations and procedures.
3. A complaint filed with the commission may be investigated only if the complaint identifies the specific alleged violation which forms the basis for the complaint and contains sufficient facts to warrant a formal investigation.
4. The council shall cause to be retained an independent and neutral evaluator to review and investigate complaints and to make recommendations to the commission.
5. Notwithstanding anything else in this code, complaints, investigative files, and information contained therein shall be considered confidential to the maximum extent under the law, and shall not be disclosed to any person other than a respondent or respondent’s representative, the city attorney or district attorney, a court, a law enforcement agency, designees of the foregoing, or otherwise as necessary to the conduct of an investigation.
6. The commission shall adopt a policy setting forth its standards for imposing penalties and exercising enforcement discretion. The evaluator shall follow that policy when making recommendations to the commission. (Ord. 2017-0026 § 2)
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2022 Highlights and Accomplishments
In 2022 the Sacramento Ethics Commission held six (6) meetings.
The commission updated the Sacramento Ethics Commission Procedures.
The Sacramento Ethics Commission received ten (10) complaints in 2022. Six (6) were dismissed by the City Clerk for lack of jurisdiction. The other four (4) were referred to the Independent Evaluator and subsequently heard by the commission.
In 2022 the commission held three (3) public hearings related to complaints:
o A complaint against Arts, Culture, and Creative Economy Commissioner Cecily Hastings which was received on January 4, 2022.
o A complaint against Sacramento City Councilmember Katie Valenzuela which was received on February 17, 2022.
o A complaint against Sacramento City Councilmember Katie Valenzuela which was received on August 30, 2022.
In each of these complaints, the commission passed a motion receiving the Independent Evaluators Report and were subsequently dismissed by the commission finding that sufficient evidence did not exist to establish that a violation occurred.
Regarding the fourth complaint, the Evaluator's No-Cause Report was presented to the commission on February 27, 2023 and the commission dismissed the Complaint and closed the file in this matter without further action.
o A complaint against Sacramento City Councilmembers Katie Valenzuela and Angelique Ashby which was received on October 18, 2022.
2022 Resulting Conclusions or Recommendations for Consideration
The commission deliberated and forwarded to the City council recommendations regarding modernizing the Lobbyist Registration and Reporting Code.
Commission Resources
In 2022 the Sacramento Ethics Commission held six (6) meetings. The meeting durations are typically 1 ½ hours and in 2022 added up to almost 9 hours of meeting time.
The estimated costs to staff meetings:
City Clerk $___/hour
City Clerk Support Staff $___/hour
City Attorney $___/hour
IT Support Staff $___/hour
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Total $___ for meeting support.
In addition to meeting time, it takes approximately __ hours to prepare and publish agendas for an estimated cost of ____ in 2022. Staff also prepared and proposed the Sacramento Ethics Commission Procedure document this year.
In addition to internal staff, the city expended $___ for services provided by the Independent Evaluator in 2022.
This year the city also contracted with a second Independent Evaluator to be prepared in case the primary Evaluator has a conflict with any complaint and staff from the City Clerk’s Office and City Attorney’s office worked on this contract.
The city engaged a consultant who reviewed the commissions recommendations on the Lobbyist Registration and Reporting code update at a cost of $__. Staff time to prepare and execute this contract was also expended.
Commissioners receive a stipend of $50 per meeting for a total cost of $1,500.
2023 Projects, Priorities, and Objectives for Consideration
TBD
Resources required for 2023 projects, priorities, and objectives.