Governance & Ethics Committee Meeting POST MEETING MATERIAL 1 Governance &
Ethics Committee
Item #2 Review and
Discussion of Text
Message Retention
RTC #24-437
October 4, 2024
March 4, 2024 Governance & Ethics Committee: As part of email retention policy discussion, the Committee requested text message retention to a future Committee meeting
Council Policy 046 (“Mayor and Council Public Records Policy”) addresses text messages as forms of communications which are considered public records that may be disclosed unless exempt from disclosure
City staff met with vendors Smarsh and T-Mobile
2 Background
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Governance & Ethics Committee Meeting POST MEETING MATERIAL 2 About Smarsh
3 How it Works
1. Smarsh, a cloud archiving platform can automatically archive text messages.
2. No app download required.
3. Smarsh captures, retains, and archives SMS (Short Message Service), and MMS (Multimedia Messaging Services) messages from the T-Mobile network.
4. iMessage option will be required to be disabled on City Apple iPhones:
iMessages bypass telephone carriers including T-Mobile/Smarsh (ex: read receipts, reactions, typing indicators, text appears green not blue)
5. SMS and MMS messages, images, videos, emojis, and files will be archived (for a retention period of two years). The archive system maintains and stores all deleted SMS, and MMS messages, even if the user deletes it from their device.
6. For Public Record Act requests, City staff can search archived text messages by date range, username, specific phone numbers, and specific keywords. 4 3
4 Governance & Ethics Committee Meeting POST MEETING MATERIAL 3 5
5 Governance & Ethics Committee Meeting POST MEETING MATERIAL 1 Governance &
Ethics Committee
Item #3 Action on a Policy
for Meeting Management
Protocols
RTC #24-707
October 4, 2024
• July 2nd Governance & Ethics Committee:
--Staff presented options for different meeting management procedures (potential time limits, discussions prior to making motions, standards of decorum, etc.)
--Options included a transition from parliamentary rules based on Robert’s Rules of Order to rules based on Rosenberg’s Rules of Order
• Committee Direction:
--Staff prepare draft policy based on Rosenberg’s, without specific time or speaker limits on Council discussions, and including presiding officer flexibility in managing/breaking up public presentations
2 Background
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Governance & Ethics Committee Meeting POST MEETING MATERIAL 2 • Staff has developed a recommended formal policy
and procedure, Council Policy 054 (“City Council
Meeting Management Procedures and Protocols”)
for consideration by the Committee
• Some rules are consistent with current Council
practices that had not been formalized
• Other proposed rules and procedures are taken
directly by Rosenberg’s, or are based on “best
practice” rules used by other cities
• The policy is expressly subject to the requirements of the Brown Act and the terms of the City Charter
3 Overall Approach
Key Provisions
4 • Transition to Rosenberg’s. In general, the Council Policy will transition the City from parliamentary rules based upon the use of Robert’s Rules of Order to a system based on Rosenberg’s Rules of Order, and other best practices. • Mayor as Presiding Officer [Policy Section A]. Consistent with the City’s Charter and Rosenberg’s draft policy maintains the concept of the Mayor/Chair as presiding officer having primary responsibility for managing the meeting in accordance with applicable rules.
• Role of the City Attorney [Policy Section G]. If a question arises, the Mayor/Chair, or Councilmembers, can request clarification of the rules from the City Attorney.
• Appeal of Points of Order [Policy Section A.2 and Section E]. . Through a process of appeal on points of order, a majority of the body reserves the right to overrule the Mayor/Chair.
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Governance & Ethics Committee Meeting POST MEETING MATERIAL 3 Key Provisions (cont’d)
5 • Order of Consideration of Agendized Items [Policy Section B]. Policy includes an order for consideration of agendized items consistent with current practices --Item introduced
--Staff presentation
--Questions from Council
--Public Testimony (more detailed rules below)
--Council deliberations and action (more detailed rules below) Key Provisions (cont’d)
6 • Rules for Public Comment for Agendized and Non-Agendized Items [Policy Section C]. Rules include:
(1) comments to be directed to City Council as a body,
(2) public testimony time limits consistent with City Council Policy 029 [3 minutes for non-agendized, 2 minutes for agendized items],
(3) only one opportunity to speak except in special circumstances (4) prohibitions on disruptive/unruly behavior
(5) special rules for public presentations, including Brown Act compliant limits on Council action and the ability of the Mayor to bifurcate public presentations, with a second round at the end of the meeting as circumstances may warrant, and 5 6
Governance & Ethics Committee Meeting POST MEETING MATERIAL 4 Key Provisions (cont’d)
7 • Procedures and Protocols for Council Deliberations [Policy Section D].
Rules include:
(1) provision for additional questions and commencement of deliberations without a motion/second
(2) process for taking turns,
(3) discussions to be limited to item under consideration (4) recognition/comments to be made through the presiding officer (5) protocols for focus on matter at hand, maintaining an open mind, prohibition on personal attacks, avoidance of repetition and interruptions.
Key Provisions (cont’d)
8 • Terms for Main Motions and Secondary Motions [Policy Section E].
Based primarily on procedures set forth in Rosenberg’s and other existing/best practices. Provisions include:
(1) procedures for both “main motions” and “secondary motions” (2) maker’s right to withdraw a motion
(3) no formal limits on number of times to speak or time limits; equal treatment (4) express provisions for “friendly” amendments
(5) process for/distinction between amended and substitute motions (6) simplified process for managing multiple motions
(7) process for reconsideration (City Council Policy 042) (8) list and explanation of “secondary” motions (e.g., personal privilege, table/continue an item, call for the question, etc.)
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Governance & Ethics Committee Meeting POST MEETING MATERIAL 5 Key Provisions (cont’d)
9 • Standards for Decorum [Policy Section F].. Includes reference to existing City Council Behavioral Standards.
• Enforcement of Rules and Appeals [Policy Section G], presiding officer has primary responsibility, with input from the City Attorney; determinations subject to appeal by the Council.
• Reference to Other Relevant City Council Policies [Policy Section H], including Council Policy 029-Time Limits for Speakers at Council, Council Policy 030 - Adding an Item on the Agenda; and C ouncil Policy 042 - Reconsideration of Council Action; and City of Santa Clara Program in Ethics & Values, Behavioral Standards for Councilmembers.
Possible Discussion Points
• Should public presentations rules be specified regarding limits on amount of time ceded/aggregated (proposed 20 minutes in Section C.2) or left to discretion of presiding officer? • Should number of speakers triggering reduction on time limits and/or a second (end of meeting) round of testimony be
specified (proposed 10 speakers in Section C.6) or left to discretion of presiding officer?
• Any time guidelines for City Council comments?
• Application to Boards and Commissions?
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10 Governance & Ethics Committee Meeting POST MEETING MATERIAL 6 Next Steps
• Discuss draft policy and consider any proposed modifications the Committee would like incorporated
• As the Committee may direct, the policy will be brought forward to the full City Council for its consideration.
Note: Possible longer-term project: Assemble a
comprehensive, integrated set of City Council
Procedures and Protocols
11 Governance &
Ethics Committee
Item #3 Action on a Policy
for Meeting Management
Protocols
RTC #24-707
October 4, 2024
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Governance & Ethics Committee Meeting POST MEETING MATERIAL 1 Governance &
Ethics Committee
Item #4 Review and
Discussion of Mayoral
Certificates of Recognition
RTC #24-704
October 4, 2024
Background
• September 10, 2024 – The City Council approved
amendments to Council Policy 020
(“Proclamations, Commendations and
Certificates of Recognition”)
• The approved policy includes:
– City Council signatures on Pr oclamations & Commendations – City Council District Cert ificates of Recognition
• Committee requested further discussion on Mayoral Certificates of Recognition
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2 Governance & Ethics Committee Meeting POST MEETING MATERIAL 2 Governance &
Ethics Committee
Item #4 Review and
Discussion of Mayoral
Certificates of Recognition
RTC #24-704
October 4, 2024
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