ORDINANCE NO. 1950
AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA, ADDING CHAPTER 2.160 ("CALENDARS OF
CERTAIN CITY OFFICIALS") TO TITLE 2
("ADMINISTRATION AND PERSONNEL") OF "THE CODE
OF THE CITY OF SANTA CLARA, CALIFORNIA"
BE IT ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, Government's duty is to serve the public, reaching its decisions in full view of the public;
WHEREAS, the public benefits from being informed about meetings conducted by elected officials and executive management of the City; and,
WHEREAS, making the calendars of those City officials open to the public fosters greater transparency.
NOW THEREFORE, BE IT FURTHER ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:
SECTION 1: That Chapter 2.160 ("Calendars of Certain City Officials") of Title 2 ("Administration and Personnel") of "The Code of the City of Santa Clara, California" ("SCCC") is added to read as follows:
"Chapter 2.160
CALENDARS OF CERTAIN CITY OFFICIALS
(a) The Mayor, Members of the City Council, Chief of Police, City Clerk, City Manager, City Attorney, Assistant City Managers), Deputy City Managers), City Department Heads and any additional persons in management positions that are considered part of the city's executive management team shall maintain a monthly city calendar.
Ordinance/Calendars of Certain City Officials Page 1 of 4 (b) The calendar shall include all scheduled non-internal city-related appointments, meetings, including regular and special City Council meetings, public events or speaking arrangements, meetings with citizens, developers, union representatives, consultants, lobbyists, regional meetings and meetings of subcommittees or task forces (collectively, "constituents"). The Mayor and Members of the City Council shall also include all non-scheduled city-related meetings or discussions with constituents.
(c) Each non-internal city-related appointment must include the following information:
names), title(s), and affiliated organization(s) and a general statement of the issues discussed. The following information shall be exempted:
(1) Personal appointments, including personal business appointments; (2) Information protected by the attorney-client privilege; (3) Information about attorney work product;
(4) Information about city staff recruitment;
(5) Information about a personnel issue;
(6) Site specific information regarding corporate recruiting and retention; (7) Information about criminal investigations and security; (8) Information about whistle blowers;
(9) Information about those who may fear retaliation;
(10) Information about those seeking guidance regarding the City's campaign and election processes; and,
(11) Information that is otherwise prohibited from disclosure. (d) The calendars of the officials in subsection (a) shall be a public record subject to inspection during normal business hours. The Mayor, City Council Members, City Manager, City Ordinance/Calendars of Certain City Officials Page 2 of 4 Clerk, Chief of Police and City Attorney shall publish their calendars to the City's website on the tenth business day of each month and shall reflect the schedules of the previous month. (e) A record of compliance with this Chapter by the City officials included in Section
2.160(a) shall be maintained, provided that violations of this Chapter shall not be a basis for any criminal prosecution or disciplinary action."
SECTION 2: Savings clause. The changes provided for in this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.
SECTION 3: Constitutionality, severability. If any section, subsection, sentence, clause, phrase, or word of this ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more sections), subsections), sentence(s), clauses), phrase(s), or words) be declared invalid.
Ordinance/Calendars of Certain City Officials Page 3 of 4 SECTION 4: Effective date. This ordinance shall take effect thirty (30) days after its final adoption; however, prior to its final adoption it shall be published in accordance with the requirements of Section 808 and 812 of "The Charter of the City of Santa Clara, California." PASSED FOR THE PURPOSE OF PUBLICATION this 15* day of December 2015, by the following vote:
AYES: COUNCILORS: Caserta, Davis, Gillmor, Kolstad, Marsalli and O'Neill and Mayor Matthews
NOES: COUNCILORS: None
ABSENT: COUNCILORS:. None
ABSTAINED: COUNCILORS: None
ATTEST:
ROD DIRIDON, JR.
CITY CLERK
CITY OF SANTA CLARA
FINALLY PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARA this 12"* day of January 2016, by the following vote:
AYES: COUNCILORS: Caserta, Davis, Gillmor, Kolstad, Marsalli and O'Neill and Mayor Matthews
NOES: COUNCILORS: None
ABSENT: COUNCILORS: None
ABSTAINED: COUNCILORS: None
ATTEST:
ROD DIRIDON, JR.
CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference: None
ORDINANCES|Calendars of Certain City Officials 12-21-15.doc Ordinance/Calendars of Certain City Officials Page 4 of 4