City of Sacramento
Personnel and Public Employees Committee Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-01353 10/17/2023 Discussion Item 6.
Councilmember Proposal Request for Committee Consideration - Consider Adoption of 2018 Sacramento Ethics Commission Recommendations
File ID: 2023-01353
Location: Citywide
Recommendation: Committee to review and provide direction on the attached councilmember proposal regarding consideration of adopting 2018 Sacramento Ethics Commission recommendations, and take one of the following actions:
1) Pass a Motion directing the appropriate council appointive officer to commence work on the proposal and bring it back to the committee for review and consideration; 2) Pass a Motion directing the appropriate council appointive officer to commence work on the proposal with committee members and forwarding the item to the city council for consideration without further review by the committee;
3) Pass a Motion sending the matter back to the sponsoring councilmember for additional information;
4) Pass a Motion deferring the request and directing the appropriate council appointive officer to bring the proposal back to the committee at a later date; or 5) Pass a Motion denying the proposal request.
Contact: Councilmember Katie Valenzuela; Zach Freels, Chief of Staff, (916) 808-7004, [email protected], Office of Councilmember Valenzuela, District 4.
Presenter: None, see proposal.
Attachments:
1-Description/Analysis
2-Councilmember Proposal Request Submission
3-Council Rules of Procedure
4-September 19, 2023, P&PE Staff Report
Description/Analysis
Issue Detail: Councilmembers may propose an item, ordinance, program, research, or initiative for council action by submitting a written request to the City Clerk. The process modulates the agenda requests of individual councilmembers by referring those requests to the relevant city council
File ID: 2023-01353 10/17/2023 Discussion Item 6.
standing committee for review, as appropriate, and in so doing provides clear guidance to the council appointees that their work demands are serving the council as a whole. It also ensures councilmember requests are duly tracked and assigned, thus promoting transparency and accountability.
The attached proposal number 2023-014 was submitted by Councilmember Valenzuela, was reviewed by the mayor, in consultation with the city manager, city attorney, and city clerk, and is being referred to this city council standing committee for consideration.
Policy Considerations: Council Rules of Procedure, Chapter 12.
Economic Impacts: See proposal.
Environmental Considerations: See proposal.
Sustainability: See proposal.
Commission/Committee Action: Committee action is required to initiate staff work on any councilmember proposal request.
Rationale for Recommendation: Committee direction will provide clear guidance to the council appointees that their work demands are serving the council as a whole and are in alignment with council priorities.
Financial Considerations: See proposal.
Local Business Enterprise (LBE): See proposal.
2023-014
Councilmember Proposal Request Submission Page 1 of 4
Form Rev. 03/13/2023
COUNCILMEMBER PROPOSAL REQUEST SUBMISSION
Process as outlined in the Council Rules of Procedure, Chapter 12.
Su
bmission Date: September 21, 2023
SUB
JECT (brief summary): Consider Adoption of 2018 Sacramento Ethics Commission Recommendations
C
ouncilmember Sponsor: Katie Valenzuela
Assigned Council Staff Member: Zach Freels, Chief of Staff P
roposal Summary/Recommendation (Provide a brief description of the proposal):
T
he following recommendations were included in the Commission’s 2018 annual report to the City Council. The Commission asked that these recommendations be presented to the City Council for consideration. Below is the text from the 2018 annual report.
A
s part of the process to develop procedures for implementing chapter 2.112, the Commissioners spent significant time reviewing procedures and best practices of ethics commissions in the following cities: City and County of San Francisco, City of Los Angeles, City of San Diego, City of Oakland, City of San Jose, and City of Riverside. Based on this review, the Commission offers the following recommendations:
Independence & Staffing
Tw
o ways in which Commission differs from most other ethics commissions statewide are (1) budget source and guaranteed levels of funding and (2) the reporting structure of staff.
Most commissions are created by city charter and, as such, are independent of the city council and have an independent budget. The benefit of an independent commission that draws its power from a city charter is that it is not beholden for funding or authority to the individuals who are subject to its jurisdiction. The Commission suggests that in the future the City Council consider amending the City Charter to establish an independent Ethics Commission with a guaranteed budget and authority derived from the City Charter, not the City Code.
Se
cond, most California ethics commissions have adopted a staffing structure that is also independent. Staff report to the commissions themselves, not to officers whose positions are subject to commission oversight. Currently, the Commission has a single staff member—the Administrator—and he reports directly to the City Clerk, who is subject to the Commission’s regulation. Since the Administrator makes an initial determination of jurisdiction, and possibly an initial referral to an independent evaluator (whose contract the City Clerk awards), there is
2023-014
Councilmember Proposal Request Submission Page 2 of 4
Form Rev. 03/13/2023
the potential in this reporting structure for conflicts of interest to arise. The Commission recommends that this reporting structure be reconsidered and that the Administrator should report directly to the Commission.
Subpoena Power
For the Commission to fulfill its duties as an investigative and enforcement body, it needs the ability to compel testimony and the production of documents related to a complaint. Currently, the City Charter only provides the City Council with subpoena power (City Charter § 34). The Commission would like the City Council to consider a process to grant the Commission subpoena authority, either as a conduit of the City Council or through amendment of the City Charter. The Commission understands that a Charter amendment would require voter approval and so suggests that the City Council consider an interim measure. One suggestion would be an ordinance allowing for the routine delegation of subpoena power when the Commission is sitting as an administrative-hearing adjudicator. The adjudicative function would be the primary role in which the Commission would need authority to compel a witness’s presence or testimony or the production of other evidence.
Hearing Officer
Because the commission is comprised of voluntary Commissioners, and in the course of the commission’s activities may have matters that require more lengthy administrative hearings, the commission asks the City Council to consider amendments to City Code chapter 2.112 to allow the Commission to authorize the use of an administrative hearing officer to conduct administrative hearings. The Commission would continue to be the final decision maker in all complaints brought before the commission. The ability to bring in a hearing officer would allow for flexibility in situations where it appears that a hearing will either be long, politically sensitive (including situations where one or more Commissioners may have conflicts of interest) or require expertise that the Commission does not have.
Education, Training and Policy
The ability for the Commission to guide activities related to ongoing education, training, and compliance of governmental ethics laws in Sacramento would promote the work of the Office of Ethics and Compliance. City Code chapter 2.112 is silent on the Commission’s promoting education and training. Although the Commission believes that education, training, and policy development fall within the spirit of the chapter 2.112, the Commission asks the City Council to add language to City Code § 2.112.030 (powers and duties) that expressly designates these activities as within the Commission’s purview.
Additionally, numerous commissions statewide engage in policy activities to ensure that their jurisdictions remain leaders on governmental ethics and to provide innovative solutions to complex ethical issues. The Commission believes that these activities are consistent with City Code § 2.112. The Commission asks the City Council to add language to City Code § 2.112 that would expressly encourage the Commission to prioritize engagement in policy activities related to government ethics.
2023-014
Councilmember Proposal Request Submission Page 3 of 4
Form Rev. 03/13/2023
Rational for Recommendation (Identify the issue(s) that this proposal will address):
This proposal will allow the Sacramento Ethics Commission to perform their duties in a similar manner to similar commissions in other cities. This will improve public trust in City government by improving transparency and accountability in operations and among staff.
Applicable Council Priority Goal: Transparency & Accountability
Recommended Priority Level:
☐ 0-30 days
☒ 30-60 days
☐ Greater than 60 days
City Council Committee Review Recommended: given this was already heard at P&PE and the chair opted not to include the 2018 recommendations for consideration, I request this be sent to the full City Council and not to P&PE first.
☐ Budget and Audit Committee (B&A)
☐ Law and Legislation Committee (L&L)
☒ Personnel and Public Employees Committee (P&PE)
☐ Racial Equity Committee (RE)
☐ City Board, Commission, or Committee Review Recommended (list advisory body(ies)):
Do any of the following Council Policy Considerations apply? If so, give a brief explanation:
☐ DEI:
☐ Climate Action:
Financial Considerations: unknown staff costs
Attachments to Support Summary/Recommendation:
(Please attach and explain council staff research that has been done on this proposal; Include all information received from outside careholders, drafts or examples compiled).
1. 2023-014
Councilmember Proposal Request Submission Page 4 of 4
Form Rev. 03/13/2023
Mayor’s Review:
Date Reviewed: 10/02/2023
Committee Review Required:
☐ Budget and Audit Committee (B&A)
☐ Law and Legislation Committee (L&L)
☒ Personnel and Public Employees Committee (P&PE)
☐ Racial Equity Committee
☐ City Board, Commission, or Committee Review (list advisory body(ies)):
Committee Review Exception Applies:
☐ Urgent matter that requires quick council action.
☐ A matter related to a pending council matter.
☐ A matter that on its face falls fully outside the jurisdiction of the City. ☐ A matter within the City Manager’s executive function that does not need council authorization.
Department(s) Collaboration Needed:
Mayor’s Additional Direction:
City Council Standing Committee Scheduling:
Transmitted for addition to the following agenda(s) for committee review to initiate staff work on the proposal:
Standing Committee Tentative Agenda Date
Budget and Audit Committee (B&A)
Law and Legislation Committee (L&L)
Personnel and Public Employees Committee (P&PE) 10/17/23 Racial Equity Committee (RE)
Proposal will also be made part of the Councilmember Proposal Tracking Log.
City Clerk’s Additional Comments:
915 I Street, Sacramento, CA 95814 • [email protected] • (916) 808-7200
Council Rules of Procedure
Resolution No. 2023-0066 Adopted on March 7, 2023
City of Sacramento Council Rules of Procedure Page 2 of 51 Table of Contents
Chapter 1 – Authority/Administration ........................................................................................................ 5 A. General Authorities and Applicability ......................................................................................... 5 B. General Administration .................................................................................................................. 5 C. Amendment ....................................................................................................................................... 5 D. Suspension ......................................................................................................................................... 5 E. Rosenberg’s Rules of Order .......................................................................................................... 6 Chapter 2 – Duties ........................................................................................................................................... 7 A. Duties of Members and Staff ......................................................................................................... 7 B. Duties of Mayor and Vice Mayor ................................................................................................. 7 Chapter 3 – Conduct of Members ............................................................................................................... 8 A. Norms and Expectations ................................................................................................................ 8 B. General Conduct ............................................................................................................................. 8 C. Conduct with Members .................................................................................................................. 9 D. Conduct with City Manager and Staff ......................................................................................... 9 E. Conduct with the Public .............................................................................................................. 10 F. Conduct with Other Agencies ................................................................................................... 10 G. Conduct with Boards and Commissions ................................................................................. 11 H. Conduct with the Media .............................................................................................................. 11 I. Ethical Conduct ............................................................................................................................. 11 Chapter 4 – Conduct of City Staff ............................................................................................................. 13 A. General Conduct .......................................................................................................................... 13 Chapter 5 – Conduct of the Public ........................................................................................................... 14 A. General Conduct .......................................................................................................................... 14 B. Addressing the City Council ...................................................................................................... 15 C. Electronic Devices ........................................................................................................................ 17 D. Location of Speaker ...................................................................................................................... 17 Chapter 6 – Meeting Types and Schedules .............................................................................................. 18 A. Regular Meetings ........................................................................................................................... 18 B. Adjourned Meetings ..................................................................................................................... 18 C. Special Meetings ............................................................................................................................ 18 D. City Council Emergency Meetings ............................................................................................ 18 E. Closed Sessions ............................................................................................................................. 19 F. Public Hearings .............................................................................................................................. 19 G. Teleconference Meetings ............................................................................................................ 21 City of Sacramento Council Rules of Procedure Page 3 of 51 H. Televised Meetings ........................................................................................................................ 21 Chapter 7 – Meeting Agendas .................................................................................................................... 22 A. Requirements for Agenda Item Submission ............................................................................ 22 B. Declaration of Policy .................................................................................................................... 23 C. Procedures for Submission of Reports .................................................................................... 23 D. Written Communications from the City and the Public ..................................................... 24 E. Preparation of the Agenda Packet ............................................................................................. 24 F. Distribution of the Packet ........................................................................................................... 25 G. Posting of Agenda ......................................................................................................................... 25 H. Failure to Meet Agenda Deadlines ............................................................................................ 25 I. Exceptions to the Agenda Requirement .................................................................................. 25 J. Order of Business and Types of Agenda Items ...................................................................... 26 K. Ordinances and Non-Binding Resolutions .............................................................................. 27 Chapter 8 – Conduct of Meeting ............................................................................................................... 28 A. Call to Order – Presiding Officer ............................................................................................. 28 B. Roll Call/Attendance .................................................................................................................... 28 C. Order of Discussion ..................................................................................................................... 29 D. Public Comment for Matters Not on the Agenda................................................................. 30 E. Quorum Call .................................................................................................................................. 31 F. Obtaining the Floor ...................................................................................................................... 31 G. Motions ........................................................................................................................................... 31 H. Voting ............................................................................................................................................... 31 Chapter 9 – Council Vacancies .................................................................................................................. 33 A. Procedures ..................................................................................................................................... 33 Chapter 10 - Facilities ................................................................................................................................... 34 A. Meeting Locations ......................................................................................................................... 34 B. Meeting Capacity ........................................................................................................................... 34 Chapter 11 - City Council Committees and Regional Organizations ............................................... 35 A. General ............................................................................................................................................ 35 B. Council Standing Committees .................................................................................................... 35 C. Council Ad Hoc Committees .................................................................................................... 36 D. Regional Organizations ................................................................................................................ 37 Chapter 12 – Councilmember Proposal Requests ................................................................................ 38 A. General ............................................................................................................................................ 38 B. Procedures ..................................................................................................................................... 38 City of Sacramento Council Rules of Procedure Page 4 of 51 C. Councilmember Proposal Request Flowchart ........................................................................ 39 Chapter 13 – Law and Legislation Committee ....................................................................................... 41 A. Authority; Purposes...................................................................................................................... 41 B. Procedures ..................................................................................................................................... 41 Chapter 14 – Personnel and Public Employees Committee ................................................................ 43 A. Purposes .......................................................................................................................................... 43 B. Procedures ..................................................................................................................................... 43 Chapter 15 – Budget and Audit Committee ........................................................................................... 44 A. Purposes .......................................................................................................................................... 44 B. Procedures ..................................................................................................................................... 44 Chapter 16 – Racial Equity Committee .................................................................................................... 46 A. Purposes .......................................................................................................................................... 46 B. Procedures ..................................................................................................................................... 46 Chapter 17 – City Advisory Bodies........................................................................................................... 47 A. Vacancies and Appointments ...................................................................................................... 47 B. Requests for Future Agenda Items ........................................................................................... 48 C. Advisory Body Reports................................................................................................................ 48 Chapter 18 – Annual Review of City Council Appointive Officers ................................................... 50 A. Purposes .......................................................................................................................................... 50 B. Procedures ..................................................................................................................................... 50 Glossary ........................................................................................................................................................... 51
City of Sacramento Council Rules of Procedure Page 5 of 51 Chapter 1 – Authority/Administration
A. General Authorities and Applicability
1. The Charter of the City of Sacramento provides that the city council shall determine its own rules and order of business (Sacramento City Charter, § 30). These Council Rules of Procedure (“Rules”) apply when not in conflict with the Charter of the City of Sacramento, Sacramento City Code, the Constitution, or laws of the State of California, including the Ralph M. Brown Act (Government Code, § 54950 et seq). (Brown Act). Until such time as they are amended or new rules are adopted by resolution, these Rules govern the order and conduct of business of the city council legislative bodies that meet concurrently with the council, council committees, and council-established boards, commissions, and committees (collectively, “legislative bodies”).
2. These rules are applicable to council-established boards, commissions, and committees, as well as to the persons sitting on those boards, commissions, and committees. Those council-established boards, commissions, and committees that are authorized to adopt rules of procedure shall adopt rules that are consistent with these Rules and may not be in conflict with the Charter of the City of Sacramento, Sacramento City Code, the Constitution, or laws of the State of California.
3. In the absence of council-adopted administrative policies, council staff shall abide by the administrative policies approved by all charter officers.
B. General Administration
1. The council shall review and revise these Rules at least annually, or as needed.
2. During council discussions, deliberations, and proceedings, the presiding officer has the primary responsibility to ensure that the council, staff, and members of the public adhere to these Rules.
3. Any member who thinks the Rules are being violated may make a “point of order” to call for the presiding officer to enforce the Rules.
C. Amendment
Any rule may be adopted, altered, amended, or repealed by resolution at any time by a majority vote of the council, provided that at least a 120-hour notice of such proposed rule change is given to the councilmembers.
D. Suspension
1. Any rule may be temporarily suspended by a two-thirds vote of all councilmembers present, being not less than five votes.
City of Sacramento Council Rules of Procedure Page 6 of 51 E. Rosenberg’s Rules of Order
To the extent these Rules do not address an issue of parliamentary procedure for legislative body meetings, Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century s hall apply.
City of Sacramento Council Rules of Procedure Page 7 of 51 Chapter 2 – Duties
A. Duties of Members and Staff
1. Members and city staff shall conduct the business of the City of Sacramento:
a. recognizing that stewardship of the public interest is of primary concern; b. working for the common good of the people of Sacramento; and c. assuring fair and equal treatment of all persons, claims, and transactions coming before the council, council committees, and council-established boards, commissions, and committees.
B. Duties of Mayor and Vice Mayor
1. The mayor is:
a. the presiding officer of the city and of all meetings of the council; b. the official head of the city for performance of duties lawfully delegated to the mayor by the charter;
c. referred to as “chair” or “chairperson” when acting as presiding officer of legislative body meetings other than the council;
d. considered a member of the council;
e. entitled to make and second motions on matters before the council and vote on actions, but possesses no veto power over actions of the council; f. the primary, but not the only, person responsible for interpreting the policies, programs, and needs of city government to the people; and for informing the people of any major change in policies or programs; and g. empowered, but not exclusively empowered, to make recommendations to the council on all policies and programs that require council decisions; and to perform such other duties as prescribed by the charter.
2. The vice mayor and mayor pro tem shall be elected annually from among the members of the council, other than the mayor, by a majority vote at the council’s first meeting in January.
a. In the absence of the mayor from the city or a council meeting, the vice mayor shall possess all powers of the office of the mayor and be subject to all prescribed duties for that office.
b. In the absence of the mayor and vice mayor from the city or a council meeting, the mayor pro tem shall possess all powers of the office of the mayor and be subject to all prescribed duties for that office.
City of Sacramento Council Rules of Procedure Page 8 of 51 Chapter 3 – Conduct of Members
A. Norms and Expectations
1. Members shall:
a. Put constituents first at all times;
b. Treat each other, staff, and members of the public with dignity, courtesy, and respect;
c. Value all opinions, be tolerant of new and different ideas, and encourage creativity and innovation;
d. Follow through on commitments and be accountable to each other; e. Clarify when items are discussed in confidence and maintain appropriate confidentiality;
f. Be attentive to others, limiting interruptions and distractions; g. Encourage dissent in debate while being mindful not to prolong discourse or block consensus;
h. Be candid with each other about ideas and feelings, and resolve conflicts directly; i. Keep comments clear, concise, and on-topic to maximize opportunities for all to express themselves;
j. Continuously strive to improve how members work as a team; k. Place clear and realistic demands on staff resources and time when requesting action;
l. Start and end meetings on time, work from an agenda, and be present, attentive, and prepared;
m. Present problems in a way that promotes discussion and resolution; and n. Continually work to build trust in each other.
B. General Conduct
1. Members shall:
a. Treat each other and everyone with courtesy and refrain from inappropriate behavior and derogatory comments;
b. Be fair, impartial, and unbiased when voting on quasi-judicial actions; City of Sacramento Council Rules of Procedure Page 9 of 51 c. Use the speaker sequencing system to inform the presiding officer of their wish to speak and wait to be acknowledged by the presiding officer before speaking; d. Move to require the presiding officer to enforce these Rules, and the presiding officer shall do so upon an affirmative vote of a majority of the members present; e. Preserve order and decorum during the meeting;
f. Not delay or interrupt the proceedings or the peace of the council, nor disturb any member while speaking, by conversation or otherwise, nor disobey the orders of the council, or the presiding officer, except as otherwise herein provided;
g. Abide by the Confidential Information Policy (Resolution No. 2010-0108) prohibiting disclosure of confidential communications and authorizing public censure for failure to comply with the policy;
h. Support the laws established by the council; and
i. Abide by these Rules in conducting the business of the City of Sacramento.
C. Conduct with Members
1. Members shall:
a. Value each other’s time;
b. Attempt to build consensus on an item through an opportunity for dialogue; but when this is not possible, the majority vote shall prevail, and the majority shall show respect for the opinion of the minority;
c. Have the right to dissent from, protest, or comment upon any action of the council;
d. Respect each other’s opportunity to speak and, if necessary, agree to disagree; e. Avoid offensive negative comments and practice civility and decorum during discussions and debate; and
f. Assist the presiding officer’s exercise of the affirmative duty to maintain order.
D. Conduct with City Manager and Staff
1. Members of the city council shall:
a. Speak to the city manager directly on issues and concerns; b. Direct the city manager to implement council’s policy decisions through the administrative functions of the city;
City of Sacramento Council Rules of Procedure Page 10 of 51 c. Treat staff professionally and refrain from publicly criticizing individual employees;
d. Avoid involvement in personnel issues except during council closed sessions regarding council-appointed staff, including but not limited to the city attorney, city auditor, city clerk, city manager, city treasurer, or director of the office of public safety accountability;
e. Discuss directly with the city attorney, city auditor, city clerk, city manager, city treasurer, or director of the office of public safety accountability as appropriate, any displeasure with a department or staff; and
f. Request answers to questions on council agenda items from the city attorney, city auditor, city clerk, city manager, city treasurer, or director of the office of public safety accountability, department directors, or division managers prior to the meeting whenever possible.
2. General Direction
a. Council requests that deal with policy issues and council requests that may be construed as direction must be directed to the city manager, except for general inquiries or questions, in which case the council may go to the department directors or key staff in the City Manager's Office. Members may also deal directly with the city attorney, city clerk, city treasurer, city auditor, or other staff appointed by the council.
E. Conduct with the Public
1. Members shall:
a. Make the public feel welcome;
b. Be impartial, respectful, and without prejudice toward the public; c. Listen courteously and attentively to public comment; d. Not argue back and forth with members of the public; and e. Make no promises to the public on behalf of the legislative body.
F. Conduct with Other Agencies
1. Members shall:
a. Project a positive image of the city when dealing with other agencies; b. Show tolerance and respect for other agencies’ opinions and issues and, if necessary, agree to disagree;
City of Sacramento Council Rules of Procedure Page 11 of 51 c. Represent official policies or positions of the council when designated as delegates of a legislative body;
d. Explicitly state when their opinions and positions do not represent the legislative body when representing their individual opinions and positions, and not allow the inference that they do (see also Rule 13.A.1.c); and e. Have the ability to lobby or discuss issues that have been adopted by legislative bodies or are standing policies of the legislative bodies with other legislators, government officials, applicants, or other interested persons.
G. Conduct with Boards and Commissions
1. Councilmembers shall:
a. Treat all members of boards, commissions, and committees with appreciation and respect; and
b. Refrain from participation at board, commission, and committee meetings with the purpose of influencing the outcome of those meetings.
2. Rule 3.G.1.b does not apply to the Compensation Commission, Sacramento Ethics Commission, or Independent Redistricting Commission.
H. Conduct with the Media
1. Members shall not discuss – or go "off the record" with the media to discuss – confidential or privileged information pertaining to closed sessions, or attorney- client privileged or attorney work product communications, including personnel, litigation, or real property negotiations.
2. Providing non-confidential, non-privileged background information is acceptable.
I. Ethical Conduct
1. Members shall conduct themselves in accordance with the Sacramento City Code of Ethics (Sacramento City Code § 4.02) including but not limited to:
a. Members shall comply with the citywide nepotism policy adopted or approved by city council resolution.
b. Members shall comply with the citywide whistleblower protection policy adopted or approved by city council resolution.
c. Members shall receive ethics training material, as required by Assembly Bill 1234 within 30 days of taking office and at least every two years. d. Members shall receive sexual harassment training material, as required by Assembly Bills 1825 and 1661 within 30 days of taking office and at least every two years.
City of Sacramento Council Rules of Procedure Page 12 of 51 e. Members shall follow the Political Reform Act and Fair Political Practices Commission regulations.
f. Members shall conduct themselves in accordance with such policies and training.
City of Sacramento Council Rules of Procedure Page 13 of 51 Chapter 4 – Conduct of City Staff
A. General Conduct
1. Staff shall:
a. Prepare well-written staff reports and provide accompanying documents on all agenda items in accordance with the agenda format and preparation schedule; b. Be available for questions from members in accordance with the Brown Act prior to and during meetings;
c. Respond to questions from the public during meetings only when requested to do so by members or the city manager;
d. Refrain from arguing with the public or members; and e. Switch electronic equipment such as cellular telephones to silent or off mode during council meetings.
2. Staff shall remain objective on issues and not be advocates for issues unless so directed by the legislative body.
3. To the extent permitted by the Brown Act, the city manager and staff shall, as soon as possible, inform the mayor and members representing the districts affected of controversial, significant-impact issues that are coming before the legislative body.
4. The city manager shall advise management staff of potentially political or controversial issues coming before the legislative body and direct staff to be present and appropriately prepared.
5. The city manager shall make available an informational briefing for members’ staff for items affecting the city and items on, or potentially on, the council agenda. Briefings shall include necessary department staff and shall take place as soon as possible.
City of Sacramento Council Rules of Procedure Page 14 of 51 Chapter 5 – Conduct of the Public
A. General Conduct
1. Decorum.
a. Members of the public attending council meetings shall observe the same rules and decorum applicable to the members and staff as noted in chapters 3 and 4 of these Rules.
b. No person shall engage in conduct that is intended to or is likely to provoke violent or riotous behavior, nor shall any person engage in conduct that disturbs the orderly conduct of the council meeting. Examples of disorderly conduct include:
(i) Feet-stamping.
(ii) Whistling or other abrupt noises.
(iii) Yelling or shouting or interrupting a speaker who is addressing the council.
(iv) Organized silent demonstrations and other demonstrations intended to disturb the progress of the meeting.
(v) Physically threatening conduct.
(vi) Verbal threats.
(vii) Banging, slamming, or throwing objects.
(viii) Interfering with other attendees’ ability to participate or address the council.
(ix) Entering areas of the chamber not intended for the public. (x) Incitement to commit unlawful or disturbing acts or disrupt proceedings.
(xi) Refusing to abide speaker time limits and leave the podium when directed.
(xii) Placing physical objects in a manner that creates a disturbance or disrupts proceedings.
(xiii) Interjection when not at the podium.
(xiv) Refusing to heed the presiding officer’s call for order.
City of Sacramento Council Rules of Procedure Page 15 of 51 (xv) Approaching the podium or dais without permission of the presiding officer.
(xvi) Signs may not be mounted to any solid item that would facilitate holding or waving and may not impede the view of other attendees. c. Enforcement. In addition to the presiding officer, the decorum officer and the sergeant-at-arms shall have primary responsibility for enforcing council meeting decorum. Additionally, any member may at any time call for a point of order, to request the timely enforcement of these rules of decorum. (i) The presiding officer shall request that a person who is breaching the rules of decorum cease the conduct. If the person does not cease the conduct immediately, the presiding officer may order the person to leave the council meeting or order the sergeant-at-arms to remove the person.
(ii) In addition to the sergeant-at-arms, the decorum officer, who shall be a council-selected person who sits on the dais, may also exercise the duties of the presiding officer in Rule 5.A.1.c.(i) above. (iii) The sergeant-at-arms shall assist in enforcing the rules of decorum, including removing disorderly persons upon order of the presiding officer or decorum officer.
2. Lobbyists shall identify themselves and the client(s), business, or organization they represent before speaking to the council (Sacramento City Code, § 2.15.160 ).
3. Members of the public wishing to provide documents to the council shall comply with Rule 7.D.
B. Addressing the City Council
1. Purpose of public comment. During regular meetings, the city provides opportunities for the public to address the council as a whole in order to listen to the public’s opinions regarding agendized items and unagendized matters within the subject matter jurisdiction of the city. At all other (special) meetings, public comment is limited to agendized items.
a. Public comments should not be addressed to individual members nor to city officials, but rather to the council as a whole regarding city business. b. While members of the public may speak their opinions on city business, personal attacks on members and city officials, use of swear words, and signs or displays of disrespect for individuals are discouraged as they impede good communication with the council.
City of Sacramento Council Rules of Procedure Page 16 of 51 c. Consistent with the Brown Act, the public comment periods on the agenda are not intended to be “question and answer” periods or conversations with the council and city officials. The limited circumstances under which members may respond to public comments are set out in Rule 8.D.2.
d. Members of the public with questions concerning consent calendar items may contact the staff person or the member whose district is identified on the report prior to the meeting to reduce the need for discussion of consent calendar items and to better respond to the public’s questions.
e. The presiding officer may stop a member of the public whose comments are not confined to the agendized item being heard. During the public comment portion of the agenda, the presiding officer may stop a member of the public whose comments are not within the subject matter jurisdiction of the city.
2. Speaker time limits. In the interest of facilitating the council’s conduct of the city’s business, the following time limits apply to members of the public (speakers) who wish to address the council during the meeting.
a. Matters not on the agenda: two minutes per speaker.
b. Consent calendar items. The consent calendar is considered a single item and speakers are therefore subject to the two-minute time limit for the entire consent calendar. Consent calendar items can be pulled at a member’s request and will be considered individually, with up to two minutes of public comment per speaker.
c. Discussion calendar items: two minutes per speaker.
d. Time limits per meeting. In addition to the above time limits per item, the total amount of time any one speaker may address the legislative body at a meeting is eight minutes.
(i) Each speaker shall limit their remarks to the specified time allotment. (ii) The presiding officer shall consistently utilize the timing system, which provides speakers with notice of their remaining time to complete their comments. A countdown display of the allotted time will appear and will flash red at the end of the allotted time.
(iii) In the further interest of time, speakers may be asked to limit their comments to new materials and not repeat what a prior speaker said.
Organized groups may choose a single spokesperson who may speak for the group, but with no increase in time.
(iv) Speakers shall not concede any part of their allotted time to another speaker.
City of Sacramento Council Rules of Procedure Page 17 of 51 (v) The presiding officer may further limit, or expand, the time allotted for public comments per speaker or in total for the orderly conduct of the meeting; such limits shall be fairly applied.
2. Speaker slips. Members of the public in chambers wishing to speak to the legislative body must submit to the city clerk a completed speaker’s slip indicating the agenda item or matters not on the agenda item that they wish to address before the item is called. Members of the public participating via teleconference wishing to speak to the legislative body must use the teleconferencing platform to “raise their hand” before the item is called. After the first speaker concludes, no speaker slips will be accepted in chambers and the “raise hand” feature in the teleconferencing platform will be disabled.
C. Electronic Devices
1. Members of the public shall turn their electronic devices that are capable of emitting sound – including cellular telephones, personal data devices, digital tablets, laptop computers, etc. – to the off- or silent-mode during council meetings.
2. Cameras. Cameras and recording equipment may be used during council meetings only if:
a. the devices are silent during use; and
b. the devices are used in a manner and at locations that do not impede walkways or others views of the meeting or disrupt the conduct of the meeting. c. Continual lighting may not be used with video recording. d. Flash photography is not allowed.
D. Location of Speaker
1. Members of the public shall not approach the dais without the express consent of the presiding officer or city clerk.
2. Members of the public wishing to address the legislative body must approach the podium when recognized by the presiding officer or city clerk and speak only from the podium.
City of Sacramento Council Rules of Procedure Page 18 of 51 Chapter 6 – Meeting Types and Schedules
A. Regular Meetings
1. The city council shall hold regular meetings and provide the time, place, and manner of holding its meetings by annual resolution. A majority of regular council meetings must be held after 5:00 p.m. All meetings of the council must be open to the public, except as permitted by state law (Sacramento City Charter, § 31 ).
2. The council shall generally meet on Tuesdays at either 2:00 p.m. or 5:00 p.m. in the City Hall Council Chamber, 915 I Street, First Floor, Sacramento, California, except as otherwise provided in the annually adopted meeting schedule or as otherwise revised by the council.
3. City boards, commissions, and committees shall hold regular meetings and provide the time, place, and manner of holding its meetings. All meetings of the the city’s legislative bodies must be open to the public, except as permitted by state law. The city council shall annually adopt a meeting schedule for all legislative bodies.
B. Adjourned Meetings
As permitted by law, the legislative body may adjourn any regular, adjourned regular, special, or adjourned special meeting to a time and place specified in the motion of adjournment.
C. Special Meetings
1. The mayor or a majority of the members of the City Council may direct the city clerk to call a special meeting by providing notice 24 hours in advance of the meeting to the mayor, to all members, and to all media outlets and persons having requested in writing notification of such meetings pursuant to state law.
2. Whenever practicable, special meetings must take place in the council chamber and be video streamed live, available via teleconferencing, and recorded for viewing later.
D. City Council Emergency Meetings
1. In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities or services, the City Council may hold an emergency meeting without complying with either the 120-hour (regular meeting) or 24-hour (special meeting) notice and posting requirements but shall otherwise comply with the Sacramento City Code §
4.04 and Brown Act procedures generally stated below.
2. Each local newspaper of general circulation and radio or television station that has requested notice of emergency meetings pursuant to the Brown Act shall be notified by the City Clerk, or designee thereof, at least one hour prior to the emergency City of Sacramento Council Rules of Procedure Page 19 of 51 meeting, or in the case of a dire emergency, at or near the time that the presiding officer or designee notifies the members of the emergency meeting.
3. This notice shall be given by telephone call or text message to the numbers provided in the most recent request for notification.
4. In the event that telephone services are not functioning, the notice requirements of this section are deemed waived, and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.
5. During an emergency meeting, the legislative body may meet in closed session pursuant to the Brown Act
if agreed to by a two-thirds vote of the members
present, being not less than five votes of the council.
6. All special meeting requirements in the Brown Act are applicable to an emergency meeting, except for the 24-hour notice and posting requirement.
7. The minutes of an emergency meeting; a list of persons who the presiding officer of the legislative body, or designee of the council, notified or attempted to notify; a copy of the roll call vote; and any actions taken at the meeting, shall be posted for a minimum of ten days in a public place as soon after the meeting as possible.
E. Closed Sessions
1. Closed sessions generally shall be special meetings held immediately prior to regular meetings.
2. In accordance with the Brown Act
, the public may speak regarding any closed
session item prior to the closed session.
3. All closed session information, verbal or written, is privileged and confidential and shall not be shared with any person not at the closed session. Any member sharing information in violation of this rule may be subject to censure by the council consistent with the council’s confidentiality policy then in effect.
4. The city attorney shall report out in public session any reportable actions that were taken by council and the vote on such actions in accordance with the Brown Act .
F. Public Hearings
1. The city clerk shall set council hearing dates and notify the council via the preliminary draft agenda on all matters that require a notice and public hearing before the council, such as matters received from the planning division and appeals to the council.
2. Public hearings will not be withdrawn or continued without the full knowledge and concurrence of the councilmembers within whose districts/jurisdiction the issue resides.
City of Sacramento Council Rules of Procedure Page 20 of 51
3. The council may refuse to grant a continuance of any hearing unless there is a valid legal reason why the hearing must be continued.
4. Continuances.
a. Any person (applicant, appellant, or designated representative) scheduled for a public hearing before the legislative body:
(i) May obtain one continuance for a period not to exceed the second regular meeting after the original scheduled hearing date, as a matter of right, without personally appearing on the scheduled hearing date, provided a written request for the continuance must be delivered to the city clerk by noon on the day prior to the scheduled public hearing. Any person who has once obtained a continuance by any procedure may not obtain a subsequent continuance under this Rule
6.F.4.a(i).
(ii) Who wants to obtain a continuance of the hearing beyond the second regular meeting after the original scheduled hearing date, or who has not notified the city clerk as provided in Rule 6.F.4.a(i), may obtain a continuance only by appearing before the legislative body at the time the original hearing is scheduled and requesting a continuance. This continuance is not a matter of right and will not be granted unless the legislative body is satisfied that good cause exists for the continuance and that a substantial number of people will not be inconvenienced by such continuance.
(iii) Who has once obtained a continuance of a hearing either by notice to the city clerk under Rule 6.F.4.a(i) or by personal appearance under Rule 6.F.4.a(ii) may obtain a further continuance only by appearing before the legislative body at the scheduled hearing and satisfying the legislative body that extraordinary circumstances exist that would justify this second continuance.
(iv) Who has twice obtained a continuance of a hearing may obtain an additional continuance only by appearing before the legislative body at the scheduled hearing and satisfying the legislative body that a miscarriage of justice would result from the refusal of the legislative body to grant a continuance.
b. City staff may obtain a continuance based on the need of the originating department or on behalf of a member. Department staff may request, via the city clerk, as many continuances as needed to complete and ready the project or appeal for the hearing process; however, staff may not serve as a requestor on behalf of an applicant or appellant.
City of Sacramento Council Rules of Procedure Page 21 of 51 c. Any organized group of residents or neighborhood associations not recognized as an applicant or appellant may contact their councilmember and request a continuance as needed to complete and ready the project or appeal for the hearing process. The member, in their sole discretion, may request the legislative body approve the continuance for good cause. d. At the meeting when the hearing is scheduled, but before the hearing starts, any member may request the council approve a continuance.
e. Disputes regarding the length of a continuance will be decided by the council at the scheduled hearing if city staff or the city clerk cannot obtain mutual agreement between the parties beforehand.
G. Teleconference Meetings
a. Members of the public may address the legislative body via a teleconference platform such as computer or telephone. Instructions for participation will be printed on every meeting agenda.
b. Members of the City Council may participate via a teleconference platform only in accordance with Sacramento City Code § 4.04 and the Brown Act .
H. Televised Meetings
a. City Council meetings held in the council chambers are generally telecast via local television and available live via video streaming on the city’s official website and recorded for viewing later.
b. Standing committee and advisory body meetings held in the council chambers or historic hearing room are available live via video streaming on the city’s official website
and recorded for viewing later.
City of Sacramento Council Rules of Procedure Page 22 of 51 Chapter 7 – Meeting Agendas
A. Requirements for Agenda Item Submission
1. The city manager and city clerk shall develop the agenda for council meetings in consultation with the mayor and/or vice mayor.
2. Charter officers, the director of the office of public safety accountability, and the Sacramento Housing and Redevelopment Agency executive director may submit staff reports or descriptions of oral reports to the city clerk for placement on the agenda.
3. Department directors, subject to the discretion of the city manager, may submit staff reports or descriptions of oral reports to the city clerk for placement on the agenda.
City of Sacramento Council Rules of Procedure Page 23 of 51
4. Outside agencies and advisory bodies, and city boards, committees and commissions may submit agenda items in accordance with the following:
a. Items must be sponsored for agenda placement by the mayor, councilmembers, charter officers, or department staff; and
a. All agenda items must be submitted in accordance with the agenda packet submission and preparation requirements.
5. Prior to an agenda item being brought to the city council, it should be brought to any relevant city board, committee, or commission and the staff report should include the board, committee, or commission recommendation.
B. Declaration of Policy
1. No ordinance, resolution, motion, or item of business may be introduced or acted upon at a meeting of a legislative body of the city without it appearing on a duly noticed and posted agenda in accordance with Sacramento City Code § 4.04 and the
Brown Act. Exceptions to this rule are limited to those provided by state law.
2. No ordinance, resolution, motion, or item of business will be considered that:
a. Does not affect the conduct of the business of the City of Sacramento or its powers or duties as a municipal corporation, or
b. Supports or disapproves of any legislation or action (v) Of the State of California;
(vi) Of the President or Congress of the United States; or (vii) Before any officer or agency of the state or nation, unless the proposed legislation or action, if adopted, will affect the conduct of the municipal business or the powers or duties of the City of Sacramento or its officers or employees.
c. Rule 7.B.2 may be invoked only before public comment or council deliberation on the matter and by five affirmative votes on the question: “Shall the council consider this matter?”
C. Procedures for Submission of Reports
1. A written staff report should be prepared and submitted in accordance with the agenda review procedure and reviewed by the relevant departments including but not limited to finance, city manager, and city attorney.
2. Continued items do not require a new report if there are no changes other than the agenda date. If there is any other change, a new report meeting all applicable requirements must be submitted.
City of Sacramento Council Rules of Procedure Page 24 of 51
3. Staff reports should include sufficient information for members of the council and the public to understand the action being considered including any board, commission, or committee recommendation, and the appropriate legislative history.
D. Written Communications from the City and the Public
1. The city clerk shall manage communications to members regarding meeting topics to ensure compliance with the Brown Act
.
a. Except for records exempt from disclosure under the California Public Records Act (Government Code, § 54957.5, subd. (b)) and otherwise by law, agendas and any other writings distributed to all or a majority of the members of a legislative body for discussion or consideration at a public meeting are disclosable to the public and shall be made available upon request without delay. b. Materials distributed to the members during the meeting shall be available for viewing by the public during the meeting if the materials were prepared by the city or a member, or at the conclusion of the meeting if prepared by another person (Government Code, § 54957.5
, subd. (b)).
2. Interested parties or their authorized representatives may address the council by written communications regarding agenda items.
a. Written communications received by the city clerk will be delivered to members as soon as possible or at the city council meeting if related to an item on that meeting agenda.
b. Members of the public may submit comments via the agenda “e-comment” function on the city’s website
.
c. Documents (20 copies recommended) that members of the public submit to the legislative body at the meeting shall be given directly to the city clerk for distribution and shall not be given directly to the members. The documents will be made available to the public.
E. Preparation of the Agenda Packet
1. No later than 120 hours prior to each regularly scheduled meeting, the city clerk shall finalize the agenda packet.
2. Agenda Packet Contents.
a. The agenda packet will include the agenda, the staff reports, draft resolutions and ordinances, contracts, and other attachments. Items noted as “To Be Delivered” on the agenda will be delivered and published to the city’s website upon receipt by the city clerk. No item is required to be considered by the legislative body if the applicable written material is not delivered to the members before the meeting and made available to the public at the same time.
City of Sacramento Council Rules of Procedure Page 25 of 51 b. Corrections or supplements to a staff report or other written materials already included in the agenda packet may be delivered separately. c. All agreements on the agenda must be available for review by the council and the public prior to the meeting, or at the meeting location during the meeting, unless determined otherwise by the city attorney.
d. Unless waived by a two-thirds vote of council, all city labor agreements and all agreements greater than $1,000,000 must be posted on the city’s website and be made available to the public at least ten days prior to council action.
F. Distribution of the Packet
1. The city clerk shall distribute the agenda packet to the members and post it to the website no later than 120 hours prior to a regularly scheduled meeting.
G. Posting of Agenda
1. The city clerk shall post the agenda of each regular meeting of the legislative body at least 120 hours in advance of the meeting in a location that is freely accessible to members of the public, as required by the Brown Act
.
2. The city clerk shall maintain an affidavit indicating the location, date, and time of posting each agenda.
3. If technical difficulties occur, the agenda and reports will be published on the city’s website
as soon as those difficulties are resolved.
H. Failure to Meet Agenda Deadlines
1. The city clerk shall not, without the concurrence of the city manager and city attorney, accept any agenda item or revised agenda item after the deadlines established and noted in these Rules.
2. Any agenda items or revised agenda items submitted after the established deadlines will be reviewed by relevant departments as identified by the agenda workflow approval process.
I. Exceptions to the Agenda Requirement
1. Matters not included on the published agenda may be discussed and acted upon by the legislative body only in the following situations:
a. at a meeting during which a majority of the members determine in open session that the matter in question constitutes an “emergency" ( Government Code, §
54956.5); or
City of Sacramento Council Rules of Procedure Page 26 of 51 b. upon a determination by two-thirds of the members, or if less than two-thirds are present by unanimous vote of the members present, that:
(i) There is a need to take immediate action; and
(ii) The need for action came to the attention of the city after the agenda had been posted.
J. Order of Business and Types of Agenda Items
The order of business should be carried out as listed on the agenda in the order as set out below; however, the presiding officer may reorder the items at the meeting, unless members object. Members may request items be reordered by motion.
1. Closed Session: confidential discussions with the legislative body as permitted by the Brown Act.
2. Special Presentations/General Communications: the presentation and receipt of ceremonial resolutions and celebrations not requiring formal legislative body action.
3. Consent Calendar: considered one item, consisting of matters routine in nature and not likely to be subject to debate or inquiry by the members or the public; typically adopted in one motion.
4. Public Hearings: duly noticed hearings as mandated by local, state, or federal law, providing an opportunity for public review and comment of a proposed action by the council.
5. Discussion Calendar: non-routine items requiring an oral presentation and discussion before action is taken.
6. Information Items: items when staff is required by federal or state law or city code to inform council of an issue when authority has been delegated to a person, position, board, or commission.
7. Council Ideas, Comments, and Questions:
a. Brief oral or written reports summarizing meeting or conference attendance at city expense, as required by Assembly Bill 1234 (Government Code, § 53232.3 );
b. Requests for the city manager or staff to report on various issues; c. Requests to place items on a future council meeting agenda; d. Requests to refer preparation or review of non-binding resolutions or ordinances to the Law and Legislation Committee; and
e. Reports on district and citywide activities or news.
City of Sacramento Council Rules of Procedure Page 27 of 51
8. Public Comment-Matters Not on the Agenda: oral communications from the audience regarding matters not on the agenda but within the subject matter jurisdiction of the city.
K. Ordinances and Non-Binding Resolutions
1. Ordinance and non-binding resolution preparation must be referred to the Law and Legislation Committee (L&L) before coming to council, as described in Rule 13.A.2.
2. Ordinances on the agenda may be passed for publication or adopted in accordance with the procedures in Sacramento City Charter § 32.
3. Ordinance changes during the review and adoption process. a. The text of an ordinance as approved by the L&L Committee, receiving the necessary votes to bring the matter to council under Rule 13.B.1.h, must be the text that is included in the published agenda as pass-for-publication. b. If an ordinance is brought to council under Rule 13.B.1.i, the text of the ordinance brought to council must be the same text as was submitted to the L&L Committee.
c. The text of an ordinance passed for publication must be the text that is included in the published agenda for the meeting at which the adoption of the ordinance is discussed.
d. Notwithstanding subsections a, b, and c, typographical and clerical errors may be corrected at any time during the ordinance review and adoption process. e. If a member intends to make a substantive (i.e., anything not typographical or clerical) change to an ordinance after it is included in a published agenda, at or before the time the ordinance adoption item is called on the agenda, the member shall distribute sufficient written copies of the proposed change so that all other members, the charter officers, relevant city staff, and the public audience have copies.
f. If the legislative body’s motion to adopt a resolution or ordinance includes a change to the resolution or ordinance text from that published in the agenda, prior to the vote the city clerk shall repeat verbatim the proposed change or otherwise indicate the change is reflected in the circulated written copy of the change.
g. Ordinances bypassing the pass-for-publication requirement under Sacramento
City Charter § 32 a re subject to this Rule 7.K.3, as applicable.
City of Sacramento Council Rules of Procedure Page 28 of 51 Chapter 8 – Conduct of Meeting
A. Call to Order – Presiding Officer
1. The mayor, or in the mayor’s absence the vice mayor, shall take the chair at the hour appointed for the meeting and shall immediately call the meeting of the council to order.
2. In the absence of the mayor and vice mayor, the mayor pro tem shall preside over the meeting.
3. Upon the arrival of the mayor, the vice mayor shall immediately relinquish the chair at the conclusion of the business then before the council.
4. For council standing committees the chair shall call to order and preside over the meeting. In the absence of the chair, the vice chair shall perform the duties and obligations of the chair.
5. For all other city established legislative bodies the chair shall call to order and preside over the meeting. In the absence of the chair, the vice chair shall perform the duties and obligations of the chair. In the absence of chair and vice chair, the city clerk shall call the meeting to order, and a temporary chairperson shall be elected from among the members present. Upon arrival of the chair or vice chair, the temporary chairperson shall relinquish the position upon conclusion of the item then before the legislative body.
B. Roll Call/Attendance
1. A majority of the members of the council then in office constitutes a quorum (Sacramento City Charter § 30
).
2. A majority of members of the council established legislative body constitutes a quorum.
3. Before the legislative body proceeds with the business before it, the city clerk shall note the members present for the minutes. The late arrival and early departure of members will be entered into the action minutes.
4. A councilmember is considered present at a meeting if the member is either physically in the council chamber or is participating in the meeting through teleconference in accordance with the Brown Act
. Meeting attendance of the mayor
or councilmembers through teleconference is permitted only in extraordinary circumstances.
5. Members must be physically present at the council chamber dais or teleconference location to vote. Proxy or absentee voting is not permitted.
City of Sacramento Council Rules of Procedure Page 29 of 51 C. Order of Discussion
The order of business must be carried out as listed on the agenda as set out below; however, the presiding officer may reorder the items at the meeting, unless members object. Members may request items be reordered by motion.
1. Consent calendar items removed for discussion
a. Members, the city manager, or other charter officers may request that any matter be removed from the consent calendar and a separate vote taken. b. All matters remaining on the consent calendar shall be approved by a single action, such single action to have the legal effect of individual action on each matter.
c. If consent calendar items are removed, they shall be discussed immediately after adoption of the balance of the consent calendar.
2. Public Hearings.
a. The order of public hearings will generally be as follows:
(i) Open the public hearing.
(ii) Member report of ex parte communications.
(iii) Staff comments, information, and reports, followed by member questions.
(iv) Proponent, if applicable, speaks, followed by member questions. (v) Opponent, if applicable, speaks, followed by member questions. (vi) If the public hearing is on an appeal that does not require council de novo review, then the appellant (opponent) speaks before the applicant (proponent) in accordance with the allotted time. (vii) Public comments.
(viii) If the public hearing is a de novo review appeal, the applicant speaks in rebuttal, but if not a de novo review appeal, the appellant speaks in rebuttal.
(ix) Closure of public comment period.
(x) Further member discussion.
(xi) Motion to close public hearing and take action.
City of Sacramento Council Rules of Procedure Page 30 of 51 b. The presiding officer may direct speakers to avoid repetition in order to permit maximum information to be provided the legislative body within the time allotted for the hearing.
c. The appellant and applicant shall be allocated sufficient time to address the legislative body. However, reasonable time limits on persons addressing the legislative body, including applicants, proponents, and opponents may be imposed if necessary for the orderly conduct of the hearing and the limits are fairly applied.
3. Discussion Calendar.
a. The order of discussion after introduction of an item will generally be as follows:
(i) Staff comments, information, and reports, followed by questions from the members.
(ii) Public comments and information, followed by questions from the members.
(iii) Member discussion, motion, and action.
b. Once the item is placed before the council for discussion, motion, or action, no member of staff or the public is allowed to address the council without the consent of the mayor or members.
4. Public Comment for matters not on the agenda will be held at the end of each regular meeting.
D. Public Comment for Matters Not on the Agenda
1. As required by the Brown Act
, a portion of each council meeting agenda will provide an opportunity for members of the public to address the council on any agendized item, including closed session and consent calendar items. Regular meeting agendas also will provide for public comment on any unagendized matter that is within the subject matter jurisdiction of the city.
2. In response to public comment on unagendized items, the members may individually:
a. briefly respond to statements made or questions posed by members of the public;
b. ask questions for clarification;
c. provide a reference to staff or other resources for factual information or response;
d. request staff to report to the council at a subsequent meeting; and e. request staff to place a matter of business on a future agenda as needed.
City of Sacramento Council Rules of Procedure Page 31 of 51 E. Quorum Call
1. During the course of the meeting, should the presiding officer note a quorum is lacking, the presiding officer shall call this fact to the attention of the city clerk.
2. The presiding officer then shall issue a quorum call. If a quorum has not been restored within two minutes of a quorum call, the presiding officer may declare a recess for a reasonable period of time in order to reestablish a quorum.
3. If no quorum is reestablished within a reasonable time, the presiding officer shall adjourn the meeting.
4. Continuation of a meeting extending past 9:30 p.m. requires a majority vote of the members present.
F. Obtaining the Floor
1. Any member wishing to speak must first obtain the floor by being recognized by the presiding officer. The presiding officer shall recognize any member who seeks the floor when appropriately entitled to do so.
2. With the concurrence of the presiding officer, a member holding the floor may address a question to another member and that member may respond while the floor is still held by the member asking the question. A member may opt not to answer a question while another member has the floor.
G. Motions
1. Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century governs
the management of motions.
H. Voting
1. Requirements for Action.
a. Unless a higher vote is required by the city charter, the city code, or otherwise by law, the affirmative votes of at least five members of the council shall be required:
(i) For the council to take action on an item of business; (ii) To pass any ordinance, resolution, or motion; or
(iii) To make or approve any order for the payment of money requiring council approval.
b. Any ordinance declared by the council to be necessary as an emergency measure and containing a statement of the facts constituting such emergency as provided in the city charter may be introduced and adopted at the same meeting if passed by at least six affirmative votes (Sacramento City Charter, § 32 ).
City of Sacramento Council Rules of Procedure Page 32 of 51
2. Voting Disqualification.
a. A member shall not vote upon a matter if the member is disqualified from voting on that matter due to a conflict of interest. Nor shall any member vote on a quasi-judicial matter if the member is biased regarding that matter. b. A member shall openly state an abstention due to a conflict of interest or bias. c. A member who is abstaining due to a financial conflict of interest shall publicly identify the financial interest in detail sufficient to be understood by the public, except that disclosure of the exact street address of a residence is not required. d. As to any other conflict of interest, the member's determination may be accompanied by an oral or written disclosure of the conflict of interest. e. A member who is disqualified by a conflict of interest in any matter shall not remain on the dais during the discussion and shall not vote on that matter.
However, the member may remain on the dais for Consent Calendar items if the member states the abstention from the vote due to the described conflict of interest before the Consent Calendar is voted on in one motion.
City of Sacramento Council Rules of Procedure Page 33 of 51 Chapter 9 – Council Vacancies
A. Procedures
1. As provided in the Sacramento City Charter, absence from five consecutive regular meetings of the council, unless excused by resolution of the council, operates to vacate the seat of the mayor or councilmember so absent. (Sacramento City Charter, §§ 28 and 46.)
2. A vacancy in the office of councilmember or mayor shall be filled by special election called by the council as provided in Sacramento City Charter § 154, unless the vacancy occurs within one year of the next general election at which that office would normally be filled, in which case the vacancy shall be filled by appointment.
The city clerk shall take the necessary actions to accomplish the recruitment and appointment of candidates as provided in
Sacramento City Code § 1.14.
City of Sacramento Council Rules of Procedure Page 34 of 51 Chapter 10 - Facilities
A. Meeting Locations
1. Whenever practical, legislative body meetings shall be held at the City Hall Complex, located at 915 I Street, Sacramento, CA 95814 to facilitate video streaming to the city’s website and archiving for future access.
B. Meeting Capacity
1. Council chamber and historic hearing room attendance is limited to the posted seating capacity. The maximum occupancy of council chambers is 230 and historic hearing room is 70. The city manager shall appropriately regulate entrance to the council chamber when the council chamber capacity is likely to be exceeded. When legislative bodies are in session, members of the public shall not remain standing in the seating area or aisles of the council chamber. Sitting on the floor is not permitted. The sergeant-at-arms shall enforce this chapter.
2. In compliance with the Americans with Disabilities Act, meeting locations are accessible to the public. If a member of the public needs special assistance, a disability-related modification or accommodation, agenda materials in an alternative format, or auxiliary aids to participate in this meeting, they should contact the Office of the City Clerk at 916-808-7200 or [email protected] as soon as possible. Providing at least 72 hours' notice will help ensure that reasonable arrangements can be made.
City of Sacramento Council Rules of Procedure Page 35 of 51 Chapter 11 - City Council Committees and Regional Organizations A. General
1. The mayor shall make all appointments to council standing committees, subject to the approval of the council. The mayor shall make all appointments to council ad hoc committees.
2. A standing committee is a permanent committee of the council established to consider subjects of a particular class, with regularly scheduled meeting dates and times.
3. An ad hoc committee is a temporary committee of the council established for a special purpose and of limited duration.
4. Standing and ad hoc committees have fact-finding, informative, and recommendatory powers only, and such other powers delegated by the council.
5. The council intends that council committees, to the extent possible, conduct a full hearing on any matter referred to that committee before the committee refers the matter back to the council.
6. The city clerk shall maintain and keep on file a list of the standing committees, ad hoc committees, regional organizations, and joint powers agencies to which councilmembers are appointed.
B. Council Standing Committees
1. General Guidelines
a. Standing committee appointments shall be made by the mayor each at the beginning of each calendar year or as necessary.
b. Standing committees shall meet at the city hall complex. c. Standing committees are subject to the Brown Act
and the Sacramento Sunshine
Ordinance (Sacramento City Code § 4.04). Standing committee agendas shall be prepared, posted, and distributed in accordance with the Brown Act and the Sacramento Sunshine Ordinance (Sacramento City Code Chapter 4.04), stating the time and place of the meeting and the subject matters to be discussed. d. A councilmember who is not a member of the standing committee may attend a standing committee meeting, provided the member attends only as an observer, does not testify or otherwise participate in any discussion, and sits amongst the public.
e. Except as provided in subsection f, all items on a standing committee’s agenda must first be referred to the committee by the council for review, with a recommendation returned to the council within 120 days, subject to the exceptions set forth below or as otherwise modified by the council.
City of Sacramento Council Rules of Procedure Page 36 of 51 f. With approval of the city clerk, city manager, or committee chair, an item may be sent directly to a standing committee without council referral. If a matter is so referred to a standing committee, the committee agenda must note that fact on the face of the agenda and the committee chair shall notify the council. Such referrals are not required to be forwarded to the council unless council action is recommended by the standing committee.
g. The city clerk shall assign staff to assist the committee chair with the operation of the committee.
C. Council Ad Hoc Committees
1. Establishment.
a. The mayor or a majority of the council may request the creation of an ad hoc committee.
b. The city manager or a department director, together with the city attorney, shall work with the appropriate supporting department(s) and determine the scope and approximate duration the ad hoc committee.
c. The department director shall submit a request to the mayor, with a copy to the city clerk, requesting the creation of and appointment of up to four members to an ad hoc committee.
2. Scheduling Ad Hoc Committee Meetings.
a. Once an ad hoc committee has been established, the city clerk shall schedule the first meeting. Once confirmed, the city clerk shall notify the members, mayor’s office, city manager (or designee), and the city attorney (or designee) of the meeting details. A regular meeting calendar will be established and adopted by the ad hoc committee.
b. A councilmember who is not a member of the ad hoc committee may attend an ad hoc committee meeting, provided the member attends only as an observer, does not testify or otherwise participate in any discussion, and sits amongst the public.
c. Ad hoc committees are subject to the Brown Act
and the Sacramento Sunshine
Ordinance (Sacramento City Code § 4.04).
3. Dissolution.
a. Once an ad hoc committee has completed its task, the supporting department shall submit a report to the mayor, with a copy to the city clerk, stating completion of the ad hoc committee tasks and request the dissolution of the ad hoc committee.
b. An ad hoc committee is automatically dissolved one year after its first meeting, unless it is dissolved earlier under Rule 12.C.3.a.
City of Sacramento Council Rules of Procedure Page 37 of 51 c. The city clerk will provide a periodic report to council announcing the dissolution of ad hoc committees.
D. Regional Organizations
The mayor shall appoint council representatives to regional organizations and joint powers agencies listed in the documents maintained by the city clerk, subject to council approval. Appointments shall be made at the beginning of each calendar year or as necessary.
City of Sacramento Council Rules of Procedure Page 38 of 51 Chapter 12 – Councilmember Proposal Requests
A. General
1. This chapter outlines the process for councilmembers to propose an idea for council action. It modulates the agenda requests of individual councilmembers by referring those requests to the relevant city council standing committee for review, as appropriate, and in so doing provides clear guidance to the council appointees that their work demands are serving the council as a whole. It also ensures councilmember requests are duly tracked and assigned, thus promoting transparency and accountability.
B. Procedures
1. Councilmember proposal requests must be submitted in writing to the city clerk.
The proposal must include a brief summary and background, identify the applicable strategic plan/priority, estimate any budget adjustment or impact, and include additional information sufficient for committee deliberation.
2. The mayor, in consultation with the city manager, city attorney, and city clerk, shall review all requests and will assign each proposal to a committee based on committee jurisdiction, unless an exception applies.
a. Exceptions:
i. Urgent matter that requires quick council action;
ii. A matter related to a pending council matter;
iii. A matter that on its face falls fully outside the jurisdiction of the City;
iv. A matter within the City Manager’s executive function that does not need council authorization; or
v. A matter that should receive a city-established board, commission, or committee input before going to a city council standing committee.
3. Standing committees shall review each proposal and vote whether to approve staff work.
a. If the proposal receives threshold committee support to work on the proposal (i.e., a vote of 4/0, 3/1, or 2/1), staff work commences. b. If the proposal receives a 2/2 vote, within 30 days thereafter the city councilmember who initiated the proposal may ask that the city council vote on a non-debatable motion to reconsider, which motion will be placed on the next available city council agenda. If the motion receives City of Sacramento Council Rules of Procedure Page 39 of 51 five or more “aye” votes, the item will be resubmitted to the committee.
If the motion fails, the proposal concludes. The non-debatable motion to consider may only be considered once. Once a proposal concludes, it cannot be reconsidered sooner than 12 months.
c. If the proposal does not receive sufficient committee support (i.e., a 0/4, 1/3, or 1/2 vote) for further work on the proposal, the proposal concludes.
4. If directed by the standing committee to commence work, staff will bring back to the committee a report for its consideration.
a. If the proposal receives a vote of 4/0, 3/1, or 2/1, the proposal advances to the city council with a committee recommendation.
b. If the proposal receives a 2/2 vote, within 30 days thereafter the city councilmember who initiated the proposal may ask that the city council vote on a non-debatable motion to reconsider, which motion will be placed on the next available city council agenda. If the motion receives five or more “aye” votes, the item will be resubmitted to the committee.
If the motion fails, the proposal concludes. The non-debatable motion to consider may only be considered once. Once a proposal concludes, it cannot be reconsidered sooner than 12 months.
c. If the proposal does not receive sufficient committee support (i.e., a 0/4, 1/3, or 1/2 vote) to advance to the city council, the proposal concludes and cannot be reconsidered sooner than 12 months.
C. Councilmember Proposal Request Flowchart
City of Sacramento Council Rules of Procedure Page 40 of 51
City of Sacramento Council Rules of Procedure Page 41 of 51 Chapter 13 – Law and Legislation Committee
A. Authority; Purposes
1. Authority to Represent City Positions.
a. The Law and Legislation (L&L) Committee has the authority to take positions on behalf of the city on state and federal legislation as outlined in the city’s legislative platform.
b. The mayor or the chair of the L&L Committee has the authority to take positions, consistent with the adopted legislative platform, on behalf of the city when the need to react quickly does not allow for a matter to be considered by the L&L Committee.
c. Except as provided in subsections a and b, no person or committee has authority to represent the council on policy matters, unless that authority has been granted by the council or the information is limited to a factually accurate statement of the council’s publicly-adopted position.
2. Purposes. The purposes of the L&L Committee are to consider, evaluate, conduct fact-finding, and recommend to council positions on proposed city ordinances and non-binding resolutions.
B. Procedures
1. Ordinances and Non-Binding Resolutions.
a. Origination.
(i) Requests to prepare, amend, draft, or process ordinances and non- binding resolutions shall be made in one of the following ways:
(A) In writing to the city clerk; or
(B) By the city manager or other city staff.
(ii) All non-binding resolution requests must be referred to the L&L Committee. Except as provided in subsection b below, all ordinance requests must be referred to the L&L Committee.
(iii) The requesting member(s), city manager, or staff is considered the sponsor. City staff shall work directly with the sponsor in developing the proposed ordinance language.
City of Sacramento Council Rules of Procedure Page 42 of 51 b. Ordinances not requiring L&L Committee review prior to council review and adoption are those that are:
(i) Deemed urgent by the mayor or city manager;
(ii) Voted on by the majority of council to bypass the L&L Committee; (iii) Voted on by the majority of the L&L Committee to go to council without full L&L Committee review;
(iv) Zoning code amendments for specific development projects; (v) Listings on, or deletions from, the Sacramento register under Sacramento City Code chapter 17.604, article II;
(vi) Adopting property-related fees or fee increases that require public notice before the Utilities Rate Advisory Commission;
(vii) Authorizing the execution of a development agreement; (viii) Establishing or adjusting parking meter rates
(ix) The biennial update for campaign contribution limits, as required by Sacramento City Code section 2.13.120; or
(x) Levying a special tax on land within a community facilities district. c. Ordinances and non-binding resolutions referred to the L&L Committee shall be placed on the legislation log, with new items placed at the end of the log, to establish a priority order; provided, the L&L Committee or council may reorder the priority.
d. The log will be scheduled for the consent agenda at every L&L Committee meeting. Any committee member may pull an item from consent for discussion. e. Items on the log may be removed at the request of the sponsor. Staff shall note the removal request on the log and remove the item after the log has been approved by the committee.
f. The process for advancing an item to the city council is outlined in Chapter 12.
City of Sacramento Council Rules of Procedure Page 43 of 51 Chapter 14 – Personnel and Public Employees Committee
A. Purposes
The purposes of the Personnel and Public Employees (P&PE) Committee are to:
1. Review applications received for membership to various city boards, commissions, and committees;
2. Conduct interviews for such membership appointment;
3. Make recommendations to the mayor concerning such appointments;
4. Review advisory body reports and recommendations, as provided in Rule 17.C; and
5. Develop and lead annual performance metrics and evaluations for council-appointed officers, as provided in Rule 18.
B. Procedures
1. Applications for seats on city boards, commissions, and committees will be reviewed by the P&PE Committee.
2. The P&PE Committee shall conduct interviews of qualified applicants.
3. Recommendations by the P&PE Committee shall be submitted to the city clerk for distribution to the mayor to consider appointment.
4. After the mayor’s appointment, the city clerk shall submit a report for a council agenda requesting confirmation of the mayor’s appointment.
City of Sacramento Council Rules of Procedure Page 44 of 51 Chapter 15 – Budget and Audit Committee
A. Purposes
The purposes of the Budget and Audit Committee (B&A) are to:
1. Assist the council in overseeing and supervising the city auditor;
2. Assist the council in evaluating the proposed budget, including a mid-year report, and any amendments thereto;
3. Assist the council in understanding the budget impacts resulting from council’s actions;
4. Assist the council in reviewing and evaluating the Innovation and Growth Fund; and
5. Assist the council in enhancing the city’s ability to:
a. Improve the effectiveness and efficiency of city operations; b. Improve the city’s fiscal operations;
c. Adopt and adhere to a balanced budget; and
d. Comply with city policies, procedures, and regulatory requirements.
6. Review councilmember proposals for funding allocations that fall outside of the budget process.
B. Procedures
1. The B&A Committee shall receive, review, and forward to the council as appropriate, reports, recommendations, and updates from the city auditor.
2. The B&A Committee shall receive and review the proposed budget and any material amendments thereto.
3. The B&A Committee shall receive and review any key budget policy issues, including but not limited to, Annual Comprehensive Financial Report (ACFR) results, use of any year-end surplus, the mid-year report, budget priorities, use of unanticipated revenue, or proposed budget issues such as fee increases, prior to bringing forward to council.
4. The B&A Committee may:
a. Receive, review, and forward to the council, when relevant to city audits, any reports from the city treasurer, the department of finance, other city offices, or external auditors;
City of Sacramento Council Rules of Procedure Page 45 of 51 b. Receive, review, and forward to the city council any reports and recommendations from the economic development department or city manager regarding the Innovation and Growth Fund; and
c. Propose that the council adopt ordinances, resolutions, or take other actions, provided that such ordinances, resolutions, or actions are within the jurisdiction of the B&A Committee.
5. The process for advancing an item to the city council is outlined in Chapter 12.
City of Sacramento Council Rules of Procedure Page 46 of 51 Chapter 16 – Racial Equity Committee
A. Purposes
The purposes of the Racial Equity Committee are to:
1. Help the council align its advancement of racial equity in city decision-making with the impacts resulting from city policy, budget, and service-delivery decisions;
2. Provide a space to help coordinate the various city racial equity initiatives, efforts, metrics, and best practices into a holistic citywide informed approach (rather than a case-by-case approach); and
3. Increase engagement, transparency, and accountability for the City’s ongoing racial equity work.
B. Procedures
1. The Racial Equity Committee shall receive, review, and forward to the council as appropriate, reports, recommendations, policy proposals, and updates regarding racial equity issues. Review and approval of ordinances and adoption of positions on state and federal legislation shall be undertaken by the Law and Legislation Committee, unless an ordinance or legislation is referred directly to the Racial Equity Committee by the council.
2. The process for advancing an item to the city council is outlined in Chapter 12.
City of Sacramento Council Rules of Procedure Page 47 of 51 Chapter 17 – City Advisory Bodies
A. Vacancies and Appointments
1. When any vacancy occurs on a board, commission, or committee (advisory body) the city clerk shall announce that vacancy pursuant to the standard outreach procedures. The city clerk’s office maintains the board and commission files and performs all clerical and administrative support tasks related to the application process.
2. At the close of the application period, all applications received for the vacancy are referred by the city clerk to the appropriate nominating body or person for review and recommendation.
3. If the recommending body is the Personnel and Public Employees Committee (P&PE) the applicant will be invited to interview in person before P&PE at the next available meeting. Following review and recommendation by P&PE, the city clerk shall forward to the mayor for review.
4. If the recommending body is a councilmember, following review, the member shall send the board and commission recommendation(s) to the city clerk who will forward to the mayor for review.
5. After reviewing the submitted recommendation(s) made by P&PE or a member, the mayor shall direct the city clerk to prepare a staff report with the mayor’s appointment to fill the vacancy at the next council meeting. Concurrence in an appointment for a seat on a city board, commission or committee shall be by vote of the city council.
6. If the council does not approve the appointment, then the mayor shall make another appointment, and at the soonest regular meeting following the meeting at which the subsequent appointment was made, the council shall vote whether to confirm the new appointment.
7. This procedure shall be followed until an appointment has been approved by the council. No request by a member to delay the appointment or approval will be allowed unless approved by a majority vote of the council.
8. At the direction of the council, all vacancies, application periods, and close of application periods for boards and commissions shall be monitored and maintained by the city clerk.
City of Sacramento Council Rules of Procedure Page 48 of 51
9. In making nominations and appointments to city boards and commissions, the mayor, P&PE Committee, and members should consider persons of various ethnicities, ages, genders, education, and occupational experience as reflected in the general population of the city; and should, as appropriate for the vacancy, consider persons from all districts of the city.
B. Requests for Future Agenda Items
1. Members may submit items under the purview of the advisory body for inclusion on a future agenda by orally making the request under Ideas, Comments, and Questions.
a. The department staff shall add a member’s requests to a chronologically-ordered log that contains all pending requests, i.e., those not having been heard as an agenda item or not otherwise having been removed from the log. b. The log shall appear on the Consent Calendar of each regular meeting and include estimated agenda date or disposition.
C. Advisory Body Reports
1. Advisory body recommendations and reports to the city council shall follow the procedure set forth in this Rule 17.C.
2. Annual report preparation.
a. Each advisory body shall provide an annual report for review by the Personnel and Public Employees (P&PE) Committee.
a. 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
.
b. 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.
c. 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.
City of Sacramento Council Rules of Procedure Page 49 of 51
3. Review by P&PE Committee.
a. Annual reports approved by advisory bodies shall be placed on a P&PE Committee meeting agenda.
b. 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.
c. The P&PE Committee shall review advisory body annual reports and give staff direction on those reports’ stated projects, priorities, and recommendations.
Before forwarding the report to the city council, the committee may request supplemental information from staff or the advisory body.
4. Other recommendations. If an advisory body has recommendations outside the annual review process, the city clerk shall coordinate with the advisory body to have those recommendations brought before the P&PE Committee, which may consider and act on those recommendations in the same way it does advisory body annual reports.
City of Sacramento Council Rules of Procedure Page 50 of 51 Chapter 18 – Annual Review of City Council Appointive Officers A. Purposes
1. The city council is committed to performing regular annual reviews of its appointive officers, which include the following positions: city attorney, city auditor, city clerk, city manager, city treasurer, director of the office of public safety accountability, and executive director of the Sacramento Housing and Redevelopment Agency. These positions report directly to the city council.
2. Clear communication and performance metrics are at the core of the work of the council and the city. To evaluate council appointive officers on a consistent basis, the P&PE Committee will assume the role and responsibility of developing and leading annual performance metrics and evaluations.
B. Procedures
1. With direction from the P&PE Committee, the city clerk shall coordinate and schedule appointive officer annual reviews.
2. The city council shall meet in closed session to conduct a performance evaluation of an appointive officer. The council may appoint one or more of its members to be the point of contact with the appointive officer and the Human Resources Department for the negotiation of any compensation adjustments.
3. Final approval of compensation adjustments, by resolution or contract, shall be made at an open meeting of the city council.
City of Sacramento Council Rules of Procedure Page 51 of 51 Glossary
et seq
et seq means “and the following one or ones”.
Ex Parte Communications
An ex parte communication is a written or oral communication between a decisionmaker and an interested person concerning any issue in a formal proceeding, other than procedural matters that does not occur in a public forum established in the proceeding or on the record of the proceeding.
Members shall disclose the substance of all ex parte communications at the beginning of a public hearing for any item brought before the legislative body for hearing, consideration, or action.
Non-Binding Resolution
A non-binding resolution is a resolution in which the council declares its position and opinions on an issue, policy, or other matter that the council lacks legal authority to establish or regulate, but that the council determines is of such importance that the council should make the symbolic gesture of adopting a resolution declarative of council’s position.
Presiding Officer
The Presiding Officer is the person who presides over a meeting and is charged with maintaining order and decorum, recognizing members to speak, and interpreting the rules, practices, and precedents. In the city council the presiding officer is the Mayor. In advisory bodies established by the city council the presiding officer is the Chair. In the absence of Mayor or Chair, the Vice Mayor or Vice Chair shall preside.
Quasi-judicial
Quasi-judicial action means any council action that implicates constitutionally protected property or liberty interests, such as issuance or denial of discretionary land use permits, subdivision maps, business licenses, and other similar action in which a property interest is at stake and the council is charged with applying legal standards to a specific factual situation.
Sergeant-at-Arms
The sergeant-at-arms is the principal law enforcement official of the legislative body and is charged with maintaining security within the chamber (meeting location) and surrounding areas. The sergeant-at-arms also enforces protocol and ensures public decorum is followed as noted in the body’s rules of procedure.
Teleconference
A meeting conducted among participants in different locations via telecommunications equipment such as telephones, computers, or other devices.
City of Sacramento
Personnel and Public Employees Committee Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-01121 9/19/2023 Discussion Item 2.
Sacramento Ethics Commission 2022 Annual Report and Recommendations (Continued from August 15, 2023)
File ID: 2023-00998
Location: Citywide
Recommendation: Pass a Motion reviewing and providing direction on the 2022 Annual Report and Recommendations for the Sacramento Ethics Commission and either: 1) directing staff to forward the Annual Report and/or Recommendations to the City Council for review; 2) directing staff to update the Annual Report and/or Recommendations based on Personnel and Public Employee Committee recommendations and forward to the City Council for review; or 3) asking the Sacramento Ethics Commission to update the Annual Report and/or Recommendations based Personnel and Public Employee Committee recommendations and come back to the Personnel and Public Employee Committee for additional review.
Contact: Mindy Cuppy, City Clerk, (916) 808-5442, [email protected], Office of the City Clerk
Presenter: Susan Underwood, Chair, Sacramento Ethics Commission Attachments:
1-Description/Analysis
2-2022 Annual Report
3-Recommendations
4-July 22, 2019 Ethics Commission Staff Report
Description/Analysis
Issue Detail: Advisory bodies of the City are required to provide an annual report for review by the Personnel and Public Employees (P&PE) Committee as outlined in the City Council Rules of Procedure, Chapter 17. 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.
The attached Annual Report and Recommendations are being forwarded to the P&PE Committee for consideration.
File ID: 2023-01121 9/19/2023 Discussion Item 2.
The recommendations were originally included in the Commission’s 2018 annual report to the City Council which was presented on the consent calendar as receive and file on the April 23, 2019 City Council agenda. At that time, the Council did not comment on the recommendations. The Commission asked that these recommendations be presented to the Personnel and Public Employees (P&PE) Committee for consideration. Following the Council report, staff presented a follow-up report to the Ethics Commission which outlined the next steps in addressing each of the recommendations and that staff report is included in this staff report as attachment 4.
Policy Considerations: Chapter 17 of the Council Rules of Procedure outlines the Advisory Body reporting 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 June 26, 2023 the Sacramento Ethics Commission passed a motion forwarding their Annual Report and Recommendations to the P&PE Committee for consideration.
Rationale for Recommendation: So that advisory bodies may effectively incorporate their important role, voice, and work to provide 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 to the City Council.
Financial Considerations: Not Applicable.
Local Business Enterprise (LBE): Not Applicable.
Sacramento Ethics Commission Annual Report 2022
City of Sacramento Page 1 of 6
Annual Report 2022
Sacramento Ethics Commission Annual Report 2022
City of Sacramento Page 2 of 6
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
Susan Underwood, Chair
Linda Ng, Vice Chair
Deanna Adams
Liz Gomez
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 Annual Report 2022
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.
Sacramento Ethics Commission Annual Report 2022
City of Sacramento Page 4 of 6
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)
Sacramento Ethics Commission Annual Report 2022
City of Sacramento Page 5 of 6
2022 Highlights and Accomplishments
In calendar year 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.
• The commission deliberated and forwarded to the city council recommendations regarding modernizing the Lobbyist Registration and Reporting Code. The City Clerk’s Office and Attorney’s Office are moving forward draft updates to the relevant city code sections to the Law and Legislation Committee and City Council which is anticipated for deliberation in Fall 2023.
Sacramento Ethics Commission Annual Report 2022
City of Sacramento Page 6 of 6
2022 Commission Resources
In calendar year 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 2022 cost for meeting support is $4,000.
In addition to meeting time, it takes the Office of the City Clerk approximately 20 hours for each meeting to review staff reports, prepare and publish agendas, create minutes, process attendance and stipend payments, and to maintain the legislative history of each meeting. Staff also prepared and proposed the Sacramento Ethics Commission Procedure document this year.
This is an additional $1,000 per meeting. Staff from the City Clerk’s Office and City Attorney’s office also prepare and present staff reports to the commission.
In addition to internal staff, the city expended $74,773 for services provided by the Independent Evaluator, Hanson Bridgett LLP in 2022. This year the city also contracted with a second Independent Evaluator, Devaney Pate Morris & Cameron, LLP, to be prepared in the event that the primary Independent Evaluator has a conflict with any complaint. Staff from the City Clerk’s Office and City Attorney’s office worked to execute this contract.
The city also engaged a consultant, Whitney Barazoto, who reviewed the commissions recommendations on the Lobbyist Registration and Reporting code in 2023. Staff time to prepare and execute this contract was also expended in 2022.
Commissioners receive a stipend of $50 per meeting for a total cost of $1,500.
2023/2024 Projects, Priorities, and Objectives for Consideration
The commission would like to expand community engagement and outreach in the coming year. The commission will be deliberating and further define goals and objectives for outreach activities at an upcoming commission meeting.
Resources Required for 2023 Projects, Priorities, and Objectives
• TBD based on scope yet to be determined by the commission.
Sacramento Ethics Commission Recommendations Page 1 of 2 Sacramento Ethics Commission Recommendations
The following recommendations were included in the Commission’s 2018 annual report to the City Council. The Commission asked that these recommendations be presented to the Personnel and Public Employees (P&PE) Committee for consideration. Below is the text from the 2018 annual report.
As part of the process to develop procedures for implementing chapter 2.112, the Commissioners spent significant time reviewing procedures and best practices of ethics commissions in the following cities: City and County of San Francisco, City of Los Angeles, City of San Diego, City of Oakland, City of San Jose, and City of Riverside. Based on this review, the Commission offers the following recommendations:
Independence & Staffing
Two ways in which Commission differs from most other ethics commissions statewide are (1) budget source and guaranteed levels of funding and (2) the reporting structure of staff.
Most commissions are created by city charter and, as such, are independent of the city council and have an independent budget. The benefit of an independent commission that draws its power from a city charter is that it is not beholden for funding or authority to the individuals who are subject to its jurisdiction. The Commission suggests that in the future the City Council consider amending the City Charter to establish an independent Ethics Commission with a guaranteed budget and authority derived from the City Charter, not the City Code.
Second, most California ethics commissions have adopted a staffing structure that is also independent. Staff report to the commissions themselves, not to officers whose positions are subject to commission oversight. Currently, the Commission has a single staff member—the Administrator—and he reports directly to the City Clerk, who is subject to the Commission’s regulation. Since the Administrator makes an initial determination of jurisdiction, and possibly an initial referral to an independent evaluator (whose contract the City Clerk awards), there is the potential in this reporting structure for conflicts of interest to arise. The Commission recommends that this reporting structure be reconsidered and that the Administrator should report directly to the Commission.
Sacramento Ethics Commission Recommendations Page 2 of 2 Subpoena Power
For the Commission to fulfill its duties as an investigative and enforcement body, it needs the ability to compel testimony and the production of documents related to a complaint. Currently, the City Charter only provides the City Council with subpoena power (City Charter § 34). The Commission would like the City Council to consider a process to grant the Commission subpoena authority, either as a conduit of the City Council or through amendment of the City Charter. The Commission understands that a Charter amendment would require voter approval and so suggests that the City Council consider an interim measure. One suggestion would be an ordinance allowing for the routine delegation of subpoena power when the Commission is sitting as an administrative-hearing adjudicator. The adjudicative function would be the primary role in which the Commission would need authority to compel a witness’s presence or testimony or the production of other evidence.
Hearing Officer
Because the commission is comprised of voluntary Commissioners, and in the course of the commission’s activities may have matters that require more lengthy administrative hearings, the commission asks the City Council to consider amendments to City Code chapter 2.112 to allow the Commission to authorize the use of an administrative hearing officer to conduct administrative hearings. The Commission would continue to be the final decision maker in all complaints brought before the commission. The ability to bring in a hearing officer would allow for flexibility in situations where it appears that a hearing will either be long, politically sensitive (including situations where one or more Commissioners may have conflicts of interest) or require expertise that the Commission does not have.
Education, Training and Policy
The ability for the Commission to guide activities related to ongoing education, training, and compliance of governmental ethics laws in Sacramento would promote the work of the Office of Ethics and Compliance. City Code chapter 2.112 is silent on the Commission’s promoting education and training. Although the Commission believes that education, training, and policy development fall within the spirit of the chapter 2.112, the Commission asks the City Council to add language to City Code § 2.112.030 (powers and duties) that expressly designates these activities as within the Commission’s purview.
Additionally, numerous commissions statewide engage in policy activities to ensure that their jurisdictions remain leaders on governmental ethics and to provide innovative solutions to complex ethical issues. The Commission believes that these activities are consistent with City Code § 2.112. The Commission asks the City Council to add language to City Code § 2.112 that would expressly encourage the Commission to prioritize engagement in policy activities related to government ethics.
Susana Alcala Wood, City Attorney Jorge Osequera, City Auditor Mindy Cuppy, City Clerk Howard Chan, City Manager John Colville, City Treasurer
Ethi cs Ethics Commission Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2019-01083 July 22, 2019 Discussion Item 03
Title: 2018 Sacramento Ethics Commission Annual Report to the City Council Follow Up
Location: Citywide
Recommendation: Receive and file.
Contact: Mindy Cuppy, City Clerk, (916) 808-5442, Office of the City Clerk
Presenter: Mindy Cuppy, City Clerk, (916) 808-5442, Office of the City Clerk
Attachments:
1-Description/Analysis
2-Charter Section 34 - Investigations
3-Code Section 1.28 - General Penalty
4-Code Section 2.112 - Ethics Commission
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File ID: 2019-01083 Discussion Item 03
July 22, 2019
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City of Sacramento
Description/Analysis
Issue Detail: On April 23, 2019, the Sacramento Ethics Commission submitted its annual report to the City Council and made recommendations that require further Council action. The City Clerk is bringing back this report to provide further information on the Council action and to receive clarification from the Commission if further action is required.
Policy Considerations: The Commission’s recommendations may require Council action and, in some instances, a vote of the electorate.
Economic Impacts: None
Environmental Considerations: None
Sustainability: None
Commission/Committee Action: None
Rationale for Recommendation: The Commission made its annual report to the Council and made recommendations regarding subpoena power; hearing officer; independence and staffing; and education, training, and policy. This report outlines the next steps in addressing each of these recommendations.
Financial Considerations: None
Local Business Enterprise (LBE): None
Background: During its annual report to the City Council, the Commission made four primary recommendations: subpoena power; hearing officer; independence and staffing; and education, training, and policy. This report addresses each recommendation.
Subpoena Power
Under the City Charter, only the City Council or a committee composed of Council Members may subpoena witnesses (City Charter § 34) so one of the following actions would have to occur for the Commission to be granted subpoena power:
1. Council Action: At the Commission’s request, the City Council could issue subpoenas ordering witnesses to appear before the Commission and testify or produce documents.
2. Council Action: The City Council might, by amending City Code chapter 2.112, be able to delegate the subpoena power to the Commission when the Commission acts on a complaint. The amendment would resemble City Code § 1.28.010.D.4.e.viii(D), which reads as follows:
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File ID: 2019-01083 Discussion Item 03
July 22, 2019
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City of Sacramento
Subpoenas. The hearing examiner shall have the authority to issue subpoenas compelling witnesses to appear and provide testimony or subpoena duces tecum compelling witnesses to produce documents. The hearing examiner shall issue a subpoena only upon a showing of reasonable necessity by the requesting party.
Failure of either party to comply with any subpoena may be considered by the hearing examiner in making his/her decision regarding the imposition of administrative penalties.
Further research would be required to confirm that the City Council may delegate the subpoena power in this way.
3. Charter Amendment: The electorate could approve an amendment of the City Charter that expressly authorizes the City Council to delegate the subpoena power to the Commission or directly grants the subpoena power to the Commission.
Hearing Officer
The Commission requested the ability to use an administrative-law judge (ALJ) or hearing officer when potentially lengthy or complex administrative hearings make timely disposition of a complaint difficult. Specifically, the Commission requested the ability to use an ALJ or hearing officer to take the matter under submission, and the Commission would then conduct a streamlined hearing to adjudicate a complaint. Council action to amend City Code chapter
2.112 to allow for the use of an ALJ or hearing officer would be needed. Budget allocation, also by Council action, would also be needed so that funding is available should the Commission chose to use an ALJ or hearing officer.
Independence and Staffing
The Commission requested independent, dedicated staffing and a guaranteed budget, which require Council action and possibly a vote of the electorate. Council could take action during the budget cycle to modify the City Clerk’s budget to add additional funding and staff. If the Council wishes to guarantee the Commission’s independence and funding within the City Charter, a vote of the electorate is required.
Education, Training, and Policy
Input and involvement regarding education, training, and policy development regarding the code sections under the Commission’s jurisdiction are critical to the success of the City’s ethics program. Although City Code chapter 2.112 is silent regarding the Commission’s role in education, training, and policy, the City Clerk and the Commission agree that Commission guidance and support is critical to the development and execution of training. The Council could amend City Code chapter 2.112 so as to clarify the Commission’s role. 3 of 18
Sacramento City Code
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CITY OF SACRAMENTO CHARTER
Article III. The City Council
§ 34 Investigations.
The city council or any duly appointed committee of the members of the council may make investigations into the affairs of the city government and the conduct of any department, office, agency, officer or employee thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails to obey a lawful order issued in the exercise of these powers by the city council or a committee of the council shall be guilty of a misdemeanor and punishable by fine or imprisonment, or both, in such amount and for such time as prescribed by state law for misdemeanors.
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Sacramento City Code
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Title 1 GENERAL PROVISIONS
Chapter 1.28 GENERAL PENALTY
1.28.010 General penalty—Continuing violations—Imposition of administrative penalties.
A. Criminal Sanctions. Criminal sanctions for violations of mandatory provisions of this code shall be as set forth in Sections 1.28.020 and 1.28.030 and elsewhere in this code.
B. Civil Actions. The city attorney may bring an action in a court of competent jurisdiction to enjoin a violation of any provision of this code or any other ordinance of the city, or to enforce administrative penalties imposed.
C. Administrative Penalties.
1. The purpose of this subsection relating to administrative penalties is to provide alternative remedies to address acts or omissions set forth in subsection (C)(2) of this section.
Violations may be corrected, abated or addressed in a number of ways. It is the intent of this subsection to provide the city with additional remedies to correct violations and, where necessary, to penalize violators for failure to comply with city codes and ordinances. The city council hereby finds and determines that enforcement of this code, other ordinances adopted by the city, conditions on entitlements and terms of city agreements are matters of local concern and serve important public purposes. Consistent with its powers as a charter city, the city adopts this administrative penalty provision in order to achieve the following goals:
a. To protect the public health, safety and welfare of the city; b. To provide for an administrative process that has objective criteria for the imposition of penalties and provides for a fair process to appeal the imposition of administrative penalties;
c. To provide a method to penalize responsible parties who fail or refuse to comply with provisions of this code, ordinances, agreements, or conditions on entitlements in the city; d. To minimize the expense and delay where the sole remedy is to pursue responsible parties in the civil or criminal justice system.
The city council establishes an administrative penalty procedure. All final administrative orders made pursuant to the procedures set forth in this subsection shall be subject to review only as provided in California
Code of Civil Procedure Sections 1094.5 and 1094.6. Should any court of competent jurisdiction determine that the city must provide an appeal of any final administrative order in a manner other than set forth in Sections 1094.5 and 1094.6, then it is the intent of the city council that the administrative penalty process remain as provided herein and to provide that any appeal which is timely requested follow the procedures set forth in Government Code Section 53069.4.
2. Imposition of Administrative Penalties. In addition to criminal sanctions and other remedies set forth in this code, the city may impose administrative penalties for any of the acts or omissions set forth in this subsection. Administrative penalties shall be imposed, enforced, collected and reviewed in compliance with the provisions of this section. Administrative penalties may be imposed for any of the following acts or omissions:
a. All violations of this code;
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b. All violations of the city charter and other codes or ordinances adopted by the city, including, but not limited to, the Planning and Development Code; c. All violations of uniform codes adopted by the city; d. Failing to comply with any order issued by a commission, board, hearing officer or examiner or other body appointed by the city council and authorized to issue orders, including, but not limited to, the planning and design commission, the housing code advisory and appeals board, the preservation commission, the design director, the preservation director and the zoning administrator;
e. Failing to comply with any condition or requirement imposed on or by any entitlement, permit, contract or environmental document issued or approved by the city.
3. Alternative Remedy. Nothing in this subsection shall prevent the city from using one or more other remedies to address violations. When the violation upon which the administrative penalty is based pertains to building, plumbing, electrical, structural or zoning provisions, the responsible party shall be provided a reasonable period of time to correct the violation prior to imposition of the administrative penalty, except in those cases in which there is an immediate danger to health or safety.
4. Definitions. For purposes of this chapter, the term “responsible party” shall refer to any person, business, company or entity, and the parent or legal guardian of any person under the age of eighteen (18) years, who has done any act for which an administrative penalty may be imposed.
D. Imposition of Administrative Penalties.
1. Notice. Where the city has determined that any responsible party has violated this code or other provisions as set forth in subsection (C)(2) of this section, the city may commence an administrative proceeding to impose administrative penalties. Any department in the city responsible for enforcement of codes or ordinances may initiate administrative penalty proceedings.
To commence such proceedings, the department head or designee shall issue an order imposing administrative penalties. The order shall contain:
a. The name and address of the responsible party in violation. If the administrative penalty results from events occurring on, or the status or condition of, property, the order shall also contain the address of the property;
b. A statement from the city official responsible for issuing the order of the acts or conditions which violate this code or other provisions as set forth in subsections (C)(2) of this section and the specific code or provisions which have been violated; c. The amount of the administrative penalty the city imposes for the violation; d. A statement that the responsible party in violation may appeal the imposition of the administrative penalty within twenty (20) days of the date the order is served; e. A statement that if the responsible party fails to request an appeal of the imposition of the administrative penalty, the order imposing the penalty shall be final; f. A statement that any responsible party upon whom a final administrative penalty has been imposed may seek review of the order imposing the penalty pursuant to California Code of
Civil Procedures Sections 1094.5 and 1094.6.
2. Service of Administrative Penalty Order.
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a. Persons Entitled to Service. The administrative penalty order shall be served upon the responsible party in violation. The failure of the city official issuing the order to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed on him or her. b. If the violation is the result of a condition existing on property in the city and the city proposes to impose a lien on the property, one copy of the administrative penalty order shall also be served on each of the following if known to the city official issuing the order or disclosed from official public records: (i) the holder of any mortgage or deed of trust or other lien or encumbrance of record; and (ii) the owner or holder of any lease of record. The failure of the city official issuing the order to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed on him or her.
c. Method of Service. Service of an administrative penalty order may be made upon all persons entitled thereto either by personal delivery or by certified mail, return receipt requested. Service on any owner in violation is deemed complete when it is served at the address listed by the owner on the latest equalized assessment roll of Sacramento County, or as known to the city official issuing the order. In lieu of personally serving the responsible party by personal delivery or certified mail, service of the administrative penalty order and any amended or supplemental order may be made as follows:
i. In the event that service by certified return receipt mail cannot be effected or the recipient cannot be personally served, service may be made by substituted service. Substituted service may be accomplished as follows:
(A) By leaving a copy during usual business hours in the recipient’s business with the person who is apparently in charge, and by thereafter mailing by first-class mail a copy to the recipient at the address where the copy was left;
(B) By leaving a copy at the recipient’s dwelling or usual place of abode, in the presence of a competent member of the household, and thereafter mailing by first-class mail a copy to the recipient at the address where the copy was left. ii. In the event the violation results from an event occurring on, or a condition existing on, property in the city and the recipient cannot be served by certified return receipt mail or cannot be personally served and has a property manager or rental agency overseeing the premises, substituted service may be made as set forth in subsection (D)(2)(c)(i)(A) of this section upon the property manager or rental agency.
iii. If the responsible party resides or has his, her or its business address out of state and service cannot be effected by certified return receipt mail, then service may be made by first-class mail.
iv. If a violation relates to an event occurring on, or a condition existing on a property in the city, substituted service may be effected by posting the property with the administrative penalty order and mailing a copy of the order to the responsible party in violation, at the address of the property on which the violation has occurred or is occurring. v. If the responsible party in violation or other person entitled to service cannot be located or service cannot be effected as set forth in this section, service may be made by publication in a Sacramento newspaper of general circulation which is most likely to give actual notice to the owner. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.
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The failure of any person to receive such administrative penalty order shall not affect the validity of any proceedings taken under this section against any other responsible party. Service by certified mail in the manner herein provided shall be effective on the date of mailing.
3. Amount of Administrative Penalty. Unless the city council has by resolution or by ordinance adopted a separate and distinct administrative penalty for the particular violation, the amount of the administrative penalty to be imposed shall be set by the department head or his or her designee responsible for issuing the administrative penalty order. Each day a violation continues or occurs constitutes a separate violation. Unless otherwise provided in this code, administrative penalties may be imposed in any amount not less than one hundred dollars ($100.00) nor more than twenty-five thousand dollars ($25,000.00) per violation. In determining the amount of the administrative penalty to be imposed, the city official shall consider factors including, but not limited to, the seriousness of the violation, the responsible party’s efforts to correct the violation, the injury/damage, if any, suffered by any member of the public, any instances in which the responsible party has been in violation of the same or similar code provisions in the previous three years, the amount of city staff time which was expended investigating or addressing the violation, and the amount of administrative penalties which have been imposed in similar situations. The amount of the administrative penalty shall be set according to the following schedule:
a. Level A violations are violations that present a substantial probability that death or serious physical harm to the public at large or person(s) would result therefrom. Level A violations shall be subject to an administrative penalty of five thousand dollars ($5,000.00) to twenty-five thousand dollars ($25,000.00);
b. Level B violations are violations that either: (1) present the threat, but not substantial probability, that serious physical harm to the public at large or person(s) would result therefrom; or (2) present circumstances that are likely to cause and/or do cause serious harm to public or private property; or (3) present a conscious and willful disregard of: (i) a hearing examiner’s order or orders, or (ii) orders or notices of violation issued by any agency or commission authorized to issue such orders or notices. Level B violations shall be subject to an administrative penalty of two thousand five hundred dollars ($2,500.00) to four thousand nine hundred ninety-nine dollars and ninety-nine cents ($4,999.99);
c. Level C violations are violations that present circumstances that either: (1) are likely to cause and/or do cause harm to public or private property; or (2) show repeated or continuous noncompliance with: (i) a hearing examiner’s order or orders, or (ii) orders or notices of violation issued by any agency or commission authorized to issue such orders or notices. Level C violations shall be subject to an administrative penalty of one thousand dollars ($1,000.00) to two thousand four hundred ninety-nine dollars and ninety-nine cents ($2,499.99); d. Level D violations are violations other than Level A, B, or C violations. Level D violations shall be subject to an administrative penalty of one hundred dollars ($100.00) to nine hundred ninety-nine dollars and ninety-nine cents ($999.99).
4. Administrative Hearing Appeal.
a. Notice of Appeal. Any responsible party upon whom an administrative penalty has been imposed may appeal the administrative penalty by filing with the office of the city clerk a written notice of appeal within twenty (20) calendar days of service of the administrative penalty order. The written notice of appeal shall contain:
i. A brief statement setting forth the interest the appealing party has in the matter relating to the imposition of the penalty;
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ii. A brief statement, in ordinary and concise language, of the material facts which the appellant claims support his, her or its contention that no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted; and iii. An address at which the appellant agrees notice of any additional proceeding or an order relating to the imposition of the administrative penalty may be received by first class mail. b. Payment of Appeal Fee. Any responsible party appealing the imposition of an administrative penalty shall be required to pay to the city clerk, at the time the written notice of appeal is filed, an appeal fee as herein provided. The appeal fee is intended to cover the costs, expenses and city employees’ time incurred by the city in processing, preparation for, and hearing of the appeal, and shall be refunded to the appellant if the hearing examiner determines that imposition of the penalty is not warranted or is not in the interest of justice. No notice of appeal is valid unless accompanied by the appeal fee, unless otherwise waived pursuant to Section 1.24.100 of this code. In the event an appeal fee is waived and the violation results in a lien against the appellant’s property, the appeal fee which
was waived shall be added to the amount of the lien. The appeal fee shall be:
i. Level A violation, five hundred dollars ($500.00);
ii. Level B violation, two hundred fifty dollars ($250.00); iii. Level C violation, one hundred dollars ($100.00); iv. Level D violation, fifty dollars ($50.00). c. Hearing Examiner. The administrative penalty appeal shall be heard by a hearing examiner appointed by the city council to hear administrative appeals. The hearing examiner shall not be a city employee.
d. Setting Administrative Penalty Appeal Hearing. The administrative penalty appeal hearing shall be set by the city clerk or his or her designee, and notice of the appeal hearing shall be sent to the appellant by first class mail at the address provided with the written notice of appeal. The hearing shall be held no sooner than twenty (20) days after the notice of appeal is filed.
Notice of the appeal hearing shall be mailed to the appellant at least fifteen (15) days before the hearing date.
e. Conduct of the Administrative Penalty Appeal Hearing. i. Testimony at the Hearing. At the time set for the administrative penalty appeal hearing the hearing examiner shall proceed to hear testimony from the representative of the city, the appellant and any other competent persons with respect to imposition of an administrative penalty. ii. Record of Oral Evidence at Hearing. The proceedings at the hearing shall be reported by a tape recording. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the requesting party’s own expense. iii. Continuances. The hearing examiner may, upon request of the appellant or the city, or upon his or her own motion, grant continuances from time to time for good cause shown. iv. Oaths—Certification. The hearing examiner shall administer the oath or affirmation.
v. Evidence Rules.
Government Code Section 11513, subsections (a), (b) and (c), as it exists on the effective date of the ordinance codified in this section, these provisions, or as hereafter amended, shall apply to all administrative penalty hearings. vi. Rights of Parties.
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(A) Parties may represent themselves, or be represented by any person of their choice.
(B) If a party does not proficiently speak or understand the English language, he or she may provide an interpreter, at that party’s own cost, to translate for the party. An interpreter shall not have had any personal involvement in the issues of the case prior to the hearing. vii. Official Notice. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or which may appear in any of the official records of the city or county, or any of their departments.
viii. Inspection of Premises.
(A) In the case of a violation related to real property in the city, the hearing examiner may inspect the property prior to, during, or after the hearing, provided that:
(1) Notice of the inspection shall be given to the parties before the inspection is made;
(2) The parties consent and are given an opportunity to be present during the inspection; and
(3) Upon completion of the inspection, the hearing examiner shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, the material facts observed and the conclusion drawn therefrom. (B) Each party then shall have a right to rebut or explain the matters so stated by the hearing examiner either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.
(C) Notice to the parties, or the owner(s)’ consent to inspect the property is not required if the property can be inspected from areas to which the general public has access or with permission of other persons authorized to provide access to the property and/or buildings located on the property.
(D) Subpoenas. The hearing examiner shall have the authority to issue subpoenas compelling witnesses to appear and provide testimony or subpoena duces tecum compelling witnesses to produce documents. The hearing examiner shall issue a subpoena only upon a showing of reasonable necessity by the requesting party. Failure of either party to comply with any subpoena may be considered by the hearing examiner in making his/her decision regarding the imposition of administrative penalties.
f. Imposition of the Administrative Penalty—Form and Contents of Decision—Finality of Decision.
i. Factors in Hearing Examiner’s Decision. The hearing examiner may affirm the administrative penalty imposed by the city, reduce the penalty to a lower amount within the charged level of violation, reduce the level of violation and reduce the penalty to an amount within the new level of violation, or find that imposition of the penalty is not warranted or is not in the interest of justice. The hearing examiner shall have the discretion to impose a lower, but not a higher, level of violation and/or penalty amount. In making his or her decision regarding the administrative penalty, the hearing examiner shall consider evidence presented by all witnesses, the seriousness of the violation, the responsible party’s efforts to correct the violation, the injury or damage, if any, suffered by any member of the public, any instances in which the responsible party has been in violation of the same or similar code provisions in the previous three years, and the amount of city staff time which was expended investigating and addressing the violation.
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ii. Hearing Examiner’s Decision. The decision of the hearing examiner shall be issued within thirty (30) days of the hearing, shall be in writing, and shall contain findings of fact and a determination of the issues presented. The decision shall require the administrative penalty to be paid within twenty-five (25) calendar days of the date of service of the decision. The decision shall inform the responsible party that if the administrative penalty is not paid within the time specified, it may be made a personal obligation of the responsible party, and if applicable may also be made a lien against the property on which the violation occurred, and may be made a special assessment collected at the same time and in the same manner as ordinary secured property taxes are collected. The hearing examiner’s decision shall also inform the responsible party that any judicial review of the hearing examiner’s decision shall be pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6.
iii. Service of the Hearing Examiner’s Decision. Upon issuance of the decision, the city shall serve a copy on the appellant by first class mail to the address provided by appellant in the written notice of appeal. The hearing examiner’s decision shall be deemed served two days after the date it is mailed to the address provided by the appellant. iv. Any judicial action taken to set aside, annul or vacate the decision of the hearing examiner shall be filed in the manner and within the time provided in California Code of Civil Procedure Sections 1094.5 and 1094.6.
g. Payment and Collection of the Administrative Penalty. i. Any responsible party upon whom an administrative penalty has been imposed shall pay the administrative penalty within twenty-five (25) days after service of a final order or decision of a hearing examiner. The city may take the actions set forth in this subsection to collect the unpaid penalty.
ii. Attorney’s Fees and Costs. In the event a civil action is commenced to collect the administrative penalty, the city shall be entitled to recover reasonable attorney’s fees and all costs associated with collection of the penalty. Costs include, but are not limited to, staff time incurred in the collection of the penalty and those costs set forth in Code of Civil Procedure Section 1033.5.
iii. Interest on Administrative Penalties. An administrative penalty shall accrue interest at the same annual rate as any civil judgment. Interest shall accrue commencing on the twenty-sixth day following service of a final order or the hearing officer’s decision. iv. Liens. The amount of the unpaid administrative penalty, plus interest, plus any other costs as provided in this section, may be made a lien on the real property on which the violation occurred.
(A) Notice shall be given to the responsible party prior to the recordation of the lien, and shall be served in the same manner as a summons in a civil action pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. (B) The lien shall attach when the city manager or his or her designee records a lien listing delinquent unpaid administrative penalties with the county recorder’s office. The lien shall specify the amount of the lien, the date of the final administrative decision, the street address, legal description, and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel.
(C) In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subsection (D)(4)(g)(iv)(B) of this section shall be recorded by the city clerk.
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(D) The lien may be foreclosed at any time by an action brought by the city for a money judgment. As part of the foreclosure action, the city may recover reasonable attorneys’ fees and costs, including, but not limited to, costs incurred for processing and recording of the lien and providing notice to the property owner.
v. Special Assessments. The amount of the unpaid administrative penalty, plus interest, plus any other costs as provided in this section, may be made a special assessment against the real property on which the violation occurred. The procedure established by the city council to specially assess costs of abating public nuisances set forth in Article VIII of Chapter 8.04 shall be used to specially assess unpaid administrative penalties. vi. Other Enforcement Procedures. The city may take such other actions as are allowed for enforcement of a civil judgment as provided for pursuant to the Enforcement of Judgments Law, California Code of Civil Procedure Sections 680.010 et seq. (Ord. 2015-0008 § 1; Ord. 2013-0026 § 1; Ord. 2013-0021 § 1; Ord. 2012-005 § 2; Ord. 2006-065 § 3; Ord. 2005-038 § 2; Ord. 2001-046 § 2; Ord. 98-038 § 1; Ord. 97-065 § 1; prior code § 1.01.070)
1.28.020 Criminal sanctions—Misdemeanors and infractions.
A. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code, including any administrative order issued hereunder. Any person violating any of the provisions, or failing to comply with any of the requirements of this code, including an administrative order, shall be guilty of a misdemeanor, except where it has been provided by state law or this code that the violator shall be guilty of an infraction. Any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than one thousand dollars ($1,000.00), or not less than five hundred dollars ($500.00), or by imprisonment in the County Jail for a period not exceeding six months, or by both fine and imprisonment; provided that violations of Chapter 13.10 of this code regarding unlawful dumping shall be punishable by a fine of not less than five hundred dollars ($500.00), or by imprisonment in the County Jail for a period not exceeding six months, or by both fine and imprisonment.
B. Notwithstanding the above provisions, a violation of any provision of this code is an infraction when the prosecutor files a complaint charging the offense as an infraction or reduces the charge to an infraction.
C. Whenever in this code, or in any other ordinance of the city, any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required, or the failure to do any act is declared to be unlawful or a misdemeanor, where no specific penalty is provided therefore, the violation of any provision of this code, any adopted code, administrative order or any other ordinance of the city shall be deemed to be a misdemeanor and shall be punished as set forth in subsection A of this section.
D. Multiple Convictions of an Infraction. Any offense which would otherwise be an infraction is a misdemeanor if the defendant has been convicted of the same offense three or more times within the twelve (12) month period immediately preceding the commission of the offense and the convictions are alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed a conviction of the offense charged.
E. Separate Offenses. Any person that violates any provision or fails to comply with any of the requirements under this code shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continues, is
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maintained or permitted by the person, and may be punishable as such. (Ord. 2001-047 § 1; Ord. 2001-046 § 2)
1.28.030 Prohibited acts—Includes causing, maintaining, permitting or suffering.
Whenever in this code any act or omission is made unlawful, it shall include causing, maintaining, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. (Ord. 2001-046 § 2)
1.28.040 Recovery of attorneys’ fees and costs.
A. In addition to all other remedies and cost recovery authorized or provided by any provision of this code or any other law, any person violating any provision of this code shall be liable to the city for the city’s reasonable attorneys’ fees and costs incurred to remedy such violation or enforce such person’s compliance with this code, including recovery of the city’s reasonable attorneys’ fees and costs in bringing an action or proceeding to enforce an administrative determination or court order against such person. This section does not apply to public nuisance abatement actions for which attorneys’ fees are authorized under subsection B of this section.
B. In any action or proceeding brought by the city to abate a public nuisance, the prevailing party shall be entitled to recover reasonable attorneys’ fees; provided that, pursuant to Government Section 38773.5, attorneys’ fees shall only be available in an action or proceeding in which the city has elected, at the commencement of such action or proceeding, to seek recovery of its own attorneys’ fees. In no action or proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding.
C. Notwithstanding any other provision of this code, the city, in its discretion, may pursue any and all legal and equitable remedies for the collection of unpaid city fines, taxes, interest, fees, service charges, civil penalties, administrative penalties, and any other sum required to be paid under any provision of this code or any other law. Upon giving advance written notice that the debtor will be subject to collection costs if the debtor does not pay the unpaid amount owed to the city, the city shall be entitled to recover reasonable attorneys’ fees and costs associated with the collection of the amount owed regardless of whether the city pursues said collection through litigation or by any other means. As used herein, “costs” include, but are not limited to, city staff time incurred in the collection of the amount owed, third-party costs incurred in the collection action, and those costs set forth in
Code of Civil Procedure Section 1033.5. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total amount owed has been collected. (Ord. 2008-007 § 2; Ord. 2005-038 § 1)
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Sacramento City Code
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Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.112 ETHICS COMMISSION
2.112.010 Commission established.
The Sacramento ethics commission is hereby established. (Ord. 2017-0026 § 2)
2.112.020 Purpose of 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. (Ord. 2017-0026 § 2)
2.112.030 Powers and duties of 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 4.08 (“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.
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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.
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)
2.112.040 Appointment of members and qualification.
A. Appointment. The commission consists of five members. Members of the commission shall be nominated by the personnel and public employees committee and appointed by the mayor with the concurrence of a majority of the city council.
B. Qualifications.
1. Commission members shall be residents of the city. Three members shall have a background in law, ethics, local government, or similar experience.
2. The following persons are not eligible to be a commissioner:
a. A person who – or whose spouse, registered domestic partner, or child – has contributed to a candidate for city elective office, in a single city election cycle in either of the last two city election cycles preceding their date of application to be on the commission, more than 50 percent of the allowable amount for a councilmember candidate.
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b. A person who – or whose spouse, registered domestic partner, or child – is or has been, within the two years immediately preceding their date of application to be on the commission, any of the following:
(i) A paid employee of the city;
(ii) A registered city lobbyist, or someone who was required to be a registered city lobbyist; or
(iii) An appointee of any local or state elected official. c. A person who – or whose spouse, registered domestic partner, parent, sibling, or child – has been, within four years immediately preceding their date of application to be on the commission, any of the following:
(i) Elected to, or a candidate for, city elective office; (ii) An employee of, or paid consultant or contractor to, a campaign for city elective office; or
(iii) A paid employee of, a consultant to, or someone under contract with any city elected official.
3. A commissioner shall be ineligible, during service on the commission and for a period of four years thereafter, to hold city elective office. A commissioner shall be ineligible, during services on the commission and for a period of one year thereafter, to be appointed to another city commission, to serve as paid staff for or as a paid consultant to any city elected official, to receive a non-competitively bid contract with the city, or to register as a city lobbyist.
4. While on the commission, a commissioner shall not contribute to or participate in any candidate campaign for city elective office.
C. Training. Each commissioner must receive a minimum of one training session per year on ethics, the subjects listed in section 2.112.030.A.1, and the citywide policies identified by city council resolution under section 4.02.040.A. (Ord. 2017-0026 § 2)
2.112.050 Term of office—Vacancy.
A. Except as provided in this section for the length of the terms of the initial appointees, members of the commission shall serve a term of four years. A member shall hold office until his or her successor has been appointed.
B. Terms shall be staggered. The terms of the initial appointees to the seats designated 1, 3, and 5 shall expire two years from the date of their initial appointment, with the remaining two seats having a term expiring four years from the date of initial appointment.
Thereafter, all members shall be appointed to serve four-year terms.
C. No member shall serve more than two consecutive terms. The terms established for the initial appointees constitute a full term for the purpose of calculating the two consecutive term limit.
D. If a vacancy occurs during the term of any member, a successor to serve the unexpired term shall be appointed in accordance with the requirements set forth in section
2.112.040. A successor appointed to complete an unexpired term may be eligible to serve up to two consecutive terms in addition to the unexpired term in accordance with section 2.40.120. (Ord. 2017-0026 § 2)
2.112.060 Conflict of interest and financial disclosure statements.
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The provisions of article III of chapter 2.16 governing conflicts of interest of board and commission members shall apply to members of the commission. In addition, all appointees to the commission are required to file statements disclosing financial interests pursuant to a conflict of interest code adopted for the commission. (Ord. 2017-0026 § 2)
2.112.070 Chairperson and organization of the commission.
At its first meeting, and annually thereafter, the commission shall elect a commission chairperson and vice chairperson from among the members. The chairperson and vice chairperson shall hold office at the pleasure of the commission. When there is a vacancy in the office of chairperson or vice chairperson, the commission shall fill that office from among the members. The commission may adopt rules and procedures for the conduct of its business and may do any other things necessary or proper to carry out its functions, which may include the formation of one or more committees. Staff support to the commission shall be provided by the city clerk’s office, and one or more city employees that may be designated by the city manager. (Ord. 2017-0026 § 2)
2.112.080 Commission meetings.
The commission shall establish for itself a regular meeting schedule, with a minimum of two meetings per year. The meetings shall be noticed and held in accordance with the provisions of the Ralph M. Brown Act (California
Government Code section 54950 et seq.). The commission has the authority to notice and hold special meetings in the manner specified by the Ralph M. Brown Act. (Ord. 2017-0026 § 2)
2.112.090 Quorum—Voting.
The quorum required for the commission to conduct business is three members. The affirmative vote of a majority of the members present and eligible to vote is necessary to approve any item, except that a minimum of three affirmative votes is necessary to impose a monetary penalty. (Ord. 2017-0026 § 2)
2.112.100 Compensation.
Pursuant to City Charter section 29, the compensation commission shall establish the compensation that members of the commission receive for attending commission meetings. (Ord. 2017-0026 § 2)
2.112.110 General requirements.
Unless specifically provided otherwise in this chapter, the general requirements set forth in chapter
2.40, governing the appointment of board and commission members, attendance at board and commission meetings, voting, term limits, and removal, apply to the commission. A member is subject to removal for good cause, neglect of duty, or misconduct as provided in City Charter section 232. (Ord. 2017-0026 § 2)
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