Biennial Ethics Review
San José City Council 5.23.2023
Item 3.3
Presenters:
Sarah Zárate, Director, Office of Administration, Policy, & Intergovernmental Relations (API) Rosa Tsongtaatarii, Chief Deputy City Attorney, City Attorney’s Office Edwin Huertas, Open Government Manager (OGM), API
Biennial Ethics Review
Why a Biennial Ethics Review?
“…The Mayor, on a biennial basis beginning in 1993,
shall conduct a review of the City’s Code of Ethics
including any ordinances relating to ethic standards.
The Mayor shall make any recommendation for
amendments or changes to the Code of Ethics and
its implementing ordinances to the City Council…”
2 San Jose City Charter Section 607
Biennial Ethics Review
Current Recommendations
Mayor Liccardo submitted Review with 2 categories of
recommendations (Public Records Act + Brown Act)
PRA related recommendations aimed to
• Address rapidly growing volume of PRAs
• Identify voluntary protocols to focus requests and explore state action • Given growing number of digital records, explore updates to City Policy Brown Act
• Clarify City’s interpretation of law
3 4
Biennial Ethics Review
Recommendations + Actions - PRAs
RECOMMENDATION FROM
MAYOR LICCARDO ACTION
1. Address rapidly growing
volume of PRAs
• Phase 1 – Procure a PRA Technology Solution (GovQA)
• Phase 2 – Implement GovQA and Make Needed Adjustments • Phase 3 – Policy Updates to City Policy Manual 6.1.1
2. Identify voluntary
protocols to focus requests
and explore state action
• City Staff 1) communicate with requestors to better understand parameters, and 2) direct requesters to City records depositories (i.e. GILES system, SJPermits, etc.). • OGM will update CSJ Public Records and GovQA Records Center websites to 1) reflect voluntary instructions requesters can consider when requesting records, and 2) provide hyperlinks to City records depositories.
** RE: Exploring State Action – Unless Council wishes to assign priority, advocacy to CPRA changes is not an active IGR focus, as there is no appetite at State level.
3. Given growing number of
digital records, explore
updates to City Policy
• Changes to City Policy Manual 6.1.5 already in progress, as these are tied to Audit Recommendations #17-04-09 and #17-04-10 (expected completion 2023). 5 Biennial Ethics Review
Recommendations + Actions - PRAs
GOVQA RECORDS CENTER
6 Biennial Ethics Review
Recommendations + Actions - PRAs
A REQUEST IS
SUBMITTED TO THE CITY
Requesters are
encouraged to submit
their requests via the
City’s GovQA Records
Center, but can also
submit via email, phone
call, letters, etc.
REQUEST IS ASSIGNED TO
DEPARTMENT BY REQUESTED +
ASSESSED BY CITY STAFF
• Single Department (Any)
• Multi-Department (CMO)
• Mayor’s Office + Council
(Clerk’s Office)
REQUEST IS PROCESSED BY
CITY STAFF
• Acknowledgement
• Clarification (if needed)
• Search + Collection
• Redaction/Exemption
Review (w/ CAO as needed)
• Close-Out + Production
Delivery
REQUEST IS
CLOSED OUT
7 Biennial Ethics Review
Recommendations + Actions - PRAs
RECOMMENDATION FROM
MAYOR LICCARDO ACTION
1. Address rapidly growing
volume of PRAs
• Phase 1 – Procure a PRA Technology Solution (GovQA)
• Phase 2 – Implement GovQA and Make Needed Adjustments • Phase 3 – Policy Updates to City Policy Manual 6.1.1
2. Identify voluntary
protocols to focus
requests and explore
state action
• Currently, City Staff 1) communicate with requestors to better understand parameters, and 2) direct requesters to City records depositories (i.e.
GILES system, SJPermits, etc.) when appropriate
• OGM will update CSJ Public Records and GovQA Records Center websites to 1) reflect voluntary instructions requesters can consider when requesting records, and 2) provide hyperlinks to City records depositories • Exploring State Action – Advocacy for CPRA changes is not a City Council Legislative Priority; no appetite at State level; City Council can prioritize
3. Given growing number of
digital records, explore
updates to City Policy
• Changes to City Policy Manual 6.1.5 already in progress, as these are tied to Audit Recommendations #17-04-09 and #17-04-10 (expected completion 2023). 8 Biennial Ethics Review
Recommendations + Actions - PRAs
RECOMMENDATION FROM
MAYOR LICCARDO ACTION
1. Address rapidly growing
volume of PRAs
• Phase 1 – Procure a PRA Technology Solution (GovQA)
• Phase 2 – Implement GovQA and Make Needed Adjustments • Phase 3 – Policy Updates to City Policy Manual 6.1.1
2. Identify voluntary
protocols to focus requests
and explore state action
• Currently, City Staff 1) communicate with requestors to better understand parameters, and 2) direct requesters to City records depositories (i.e. GILES system, SJPermits, etc.) when appropriate
• OGM will update CSJ Public Records and GovQA Records Center websites to 1) reflect voluntary instructions requesters can consider when requesting records, and 2) provide hyperlinks to City records depositories
• Exploring State Action – Advocacy for CPRA changes is not a City Council Legislative Priority; no appetite at State level; City Council can prioritize
3. Given growing number
of digital records,
explore updates to City
Policy
• Changes to City Policy Manual 6.1.5 already in progress, as part of Audit Recommendations #17-04-09 and #17-04-10 (expected completion 2023) Council Actions
Presenters:
Sarah Zárate, Director, Office of Administration,
Policy, & Intergovernmental Relations (API)
Rosa Tsongtaatarii, Chief Deputy City Attorney, City
Attorney’s Office
Edwin Huertas, Open Government Manager, API
Biennial Ethics Review
San José City Council 5.23.2023
Item 3.3
(a)Accept the report on the Biennial
Ethics Review.
(b)Approve an ordinance amending
Section 12.21.430 of Chapter 12.21 of
Title 12 of the San José Municipal
Code to clarify the appeal process for a
Public Records Act request.