Mayor’s Open
Government Task Force
Report
December 2, 2014
Attachment 2
1 TABLE OF CONTENTS
TASK FORCE MEMBERS BIOS ............................................................................................................. 2 LETTER FROM THE CO-CHAIRS ........................................................................................................... 6 INTRODUCTION................................................................................................................................ . 7 EXECUTIVE SUMMARY ...................................................................................................................... 8 RECOMMENDATIONS ........................................................................................................................ 9
1. Immediate Actions Recommended for Council .......................................................................................9
1.1. Set Council Goal of “Open and Transparent Government”
1.2. Set three strategic objectives for the municipal organization Hire a Communications Director
Adopt a Sunshine Ordinance based on Task Force recommendations Create a City mission statement which embraces Community Engagement
2. Develop a Culture that Values Public Engagement ............................................................................... 10
2.1. Genuinely engage and partner with neighborhoods, volunteers, businesses, institutions, and other organizations which support our community
2.2. Establish Santa Rosa as a leader in civic engagement with the goal of increasing Openness, Transparency and Accountability
2.3. Close the communication loop - Acknowledge the value of community input, wisdom, and participation
2.4. Increase opportunities for diverse community engagement and effective participation
2.5. Build a strong civic infrastructure – educate people about how best to engage
3. Develop a Culture Focused on Communication .................................................................................... 16
3.1. Create a Communications Director Position
3.2. Overhaul City’s website to create an effective tool for residents
4. Develop Policies that Promote Openness............................................................................................. 19
4.1 Draft and adopt a Sunshine Ordinance that supports transparency and open government through policies that exceed minimum requirements and statutes for meetings and public records
4.2 Policy Recommendations that exceed minimum requirements and statutes for meetings and public records
4.2 Recommendations for “Policy Recommendations that exceed minimum requirements and statutes for meetings and public records.”
ATTACHMENTS ............................................................................................................................... 21
1. Community Engagement Subcommittee Recommendations and Supporting Information
2. Policy Subcommittee Recommendations and Supporting Information
3. Policy Subcommittee Tables
4. Supplemental Information
2 TASK FORCE MEMBERS BIOS
Co-Chair: Vice Mayor Robin Swinth
Robin Swinth was a ppointed to the Santa Rosa City Council in January 2013. Robin was appointed Vice Mayor for November 2013 -December 2014. She is a native of Santa Rosa and worked locally in the high tech industry as an electrical engineer for 14 years. Currently, she and her husband own a small sales and consulting business which provides assistive technology to people with disabilities. Prior to her appointment to the City Council, Robin volunteered extensively in local government.
She served for five years on the Santa Rosa Board of Public Utilities and for four years on the Santa Rosa Planning Commission. Robin also served on the Santa Rosa Program Management Team for the General Plan Update of 2000. Robin's priorities include working to ensure the longer term fiscal sust ainability of the City budget, regional water issues, and economic development.
Co-Chair: Councilmember Erin Carlstrom
Erin Carlstrom was elected to the City Council in December 2012. She served as the Vice Mayor until November 2013. Erin is a busine ss owner and practicing business attorney. Prior to being elected, Erin served on the Measure O Citizens Oversight Committee and on the Planning Commission. Erin has been an active member of Santa Rosa’s community, having served on a number of non-profit and organization boards including as the past -President of the Redwood Business Alliance and as an executive board member of the Accountable Development Coalition. Erin is also a swimmer with the Santa Rosa Masters team which trains at Santa Rosa’s Ridgway pool. Erin’s priorities include supporting local businesses, pedestrian and cyclist safety, and maintaining and expanding park and recreation opportunities throughout Santa Rosa.
Tony Alvernaz
Mr. Alvernaz retired from the City of Santa Rosa in 2011 a fter a 27 year career as a Computer Programmer/Analyst. At the time of his retirement he was President of the Santa Rosa City Employees Association (SRCEA). During his time at the City he has served on many committees such as Strategic Planning, Internal C ommunications, Domestic Partners sub-committee, Financial Stabilization sub-committee, Healthcare Coalition and Pension Task Force to name a few. He is active in the Community serving on the Board of Directors of The Luther Burbank Rose Parade & Festival f or the last 11 years, serving as President in 2008, 2009 and 2013. He is a member of the Sonoma County Alliance serving as President in 2007. He serves on the Board of Directors, the Executive Committee and the Political Action Committee. Mr. Alvernaz served on the City of Santa Rosa 2011/2012 Charter Review Committee.
3 Dee Dee Bridges
Dee Dee was an educator for over twenty years as an elementary school teacher, junior high school computer applications teacher and most recently teaching English in the Business Core at Windsor High School. During her time as a teacher, she was a Technology Mentor for Gilroy Unified School District and she served on the Site Council of Windsor High School. After retiring she became active in the League of Women Voters of Sonoma County and has participated in numerous forums, served as Editor of The Voter, participated on the Sonoma County Commission on the Status of Women, was the leader on Voter Registration Day for two years, worked on Smart Voter, served as Voter Service Chair and was League President. During her tenure as President, the LWVSC cosponsored the RUN workshop on Community Involvement, How to Get Appointed to Boards, Commissions and Committees. Currently she is serving as a LWVSC representative to the Task Force for the Homeless. She is also a member of the Sonoma County Forum, a Tutor for the Sonoma County Library Literacy Program, a member of the Fountaingrove II Landscaping Committee and a member of the Santa Rosa Quilt Guild. After living in several communities in northern California, she feels that being a resident of Santa Rosa has been and continues to be a wonderful place to live.
Ashle Crocker
Ashle is an attorney specializing in environmental, land use, and natural resource law, including compliance with the California Environmental Quality Act. Ashle currently serves on the Advisory Board for the Children’s Museum of Sonoma County and, as the past Vice President of the Board of Directors, she worked with the City of Santa Rosa to sec ure necessary entitlements and CEQA review for the Museum’s new permanent location. Ashle was appointed to the City of Santa Rosa Planning Commission in February 2014 and currently serves as a member of the Commission. In March 2014, Ashle was appointed b y the Mayor of Santa Rosa to serve on the Mayor’s Open Government Task Force and currently serves as a representative for the City’s Boards and Commissions. Prior to her appointment to the Planning Commission, Ashle served on the City of Santa Rosa Bicycl e and Pedestrian Advisory Board.
Shirleen DeRezendes-Claiche
Shirleen L. DeRezendes -Claiche's family has lived in Sonoma County for five generations that included the Bollinger's of Sebastopol, as well as the Faccini's and Pattengill's. Since preschool she attended local schools including Santa Rosa High School and Santa Rosa Junior College. She earned her B.S. Degree in Business at Pacific Union College in Angwin Napa, and is completing her final year of law school at John F. Kennedy University in Pleasant Hill. She worked for six years at Mary's Pizza Shack with her first official customer after her training being "Mary" herself.
Shirleen relocated to Lake County in 1997 with her husband and two young children and was elected to the Lakeport City Council at the age of 29 from 1998 - 2002, she served on numerous local and regional boards and committee's including representing Lakeport at the League of California Cities annual meeting. She moved back to her hometown of Santa Rosa with her two son's Benjamin and Devon in 2005
4 to be closer to her extended family and to complete educational goals. Both boys attended schools in the Rincon Valley School District. In addition to her political experience while in Lake County Shirleen worked as Program Manager for the Health Department, a Newspaper Reporter and after moving back to Santa Rosa has worked at the Disability Services Legal Center assisting disabled clients.
While she has enjoyed her participation in the Open Government Task Force immensely and hopes to someday continue to serve her community in some capacity, her immediate goal is to focus on completing her educational goals and beginning her law career.
Rabbi George Gittleman
Rabbi Gittleman has been the spiritual leader of Congregation S homrei Torah, in Santa Rosa, since 1996.He holds a B.A. in American History from the University of Vermont, a Masters in Hebrew Letters as well as Rabbinic Ordination from the Hebrew Union College - Jewish Institute of Religion. Rabbi Gittleman is a Senior Rabbinic Fellow of the Shalom Hartman Institute in Jerusalem and a graduate of the Rabbinic Leadership Program of the Institute of Jewish Spirituality. Rabbi Gittleman is married to Laura Gittleman, a nurse and the Director of the Emergency Department at Kaiser Hospital in Santa Rosa. They are blessed with twins, Levi and Sophia who are both freshman in college.
Bruce Kyse
Bruce Kyse is a consultant in the newspaper industry. He was Publisher of The Press Democrat Media Group from 2005-2013, and Executive Editor of the Press Democrat from 1990-1999. In 1999, Bruce left the newspaper to be publisher of the New York Times’ website Winetoday.com, a start-up website he founded in 1997. From 2001- 2005, Bruce was Vice President for the New York Times Regional Newspaper Group.
Bruce has served twice as a jurist on the Pulitzer Prize selection committee and during his tenure as editor The Press Democrat won the Pulitzer Prize. Bruce and his wife, Robin, reside in Santa Rosa with their daughter Taylor, 18.
Peter Stanley
Peter’s career has spanned much of the design and development process. He started in construction before moving over into managing design and development projects for Simons & Brecht and later AXIA Architects. In 2001, he started his own facilities management and development consulting practice where his understanding of project management and development helped shape complex plans into reality. In 2006 he founded ArchiLOGIX, a design and development strategies consulting firm with a concentration on private development, commercial, institutional and mixed - use projects. Since 2007, the focus of his partnership in ArchiLOGIX with award winning architect Mitch Conner is the implementation of infill and smart growth development aligned with c ommunity engagement principles that inclu de all interested stakeholders.
Complimenting his career, Peter contributes his time and expertise to nonprofit organizations like the Santa Rosa Chapter of Rebuilding Together; as well as Vice
5 Chair of the City of Santa Rosa’s Planning Commission; also he is the Development Director for a community building project in Nicaragua that has funded, designed and constructed a neighborhood of low -income homes including infrastructure, schools and a community center. Peter is now Board Chair for Clinica Verde a medical focused international nonprofit committed to the development and operation of sustainable medical clinics in Central America and which will b e expanding into the United States in 2015. Their first clinic was opened in January 2012 in Boaco, Nicaragua and has seen over 30,000 underserved patients since it opened its doors.
Karen Weeks
Karen was employed for almost 29 years by the City of Santa Rosa, working first as a Housing Specialist in the Economic Development and Housing Department developing the Neighborhood Revitalization Program, working on homeless programs as well as affordable housing projects. Her second position was as the Administrative Services Office in the Police Department responsible for the budget, facilities and council relations. During her tenure with the city she participated in a number of community events/activities including serving as a fund leader for the employee fund drive; facilitating DINE events; Citizens Police Academy; Santa Rosa Citizens Academy; participating in Leadership Santa Rosa Class 9 and facilitating community budget workshops. She has always valued being an active part of the community she loves and has served on the Boards of numerous organizations including Forgotten Felines of Sonoma County, American Association of University Women, World Affairs Council of Sonoma County, Sonoma County Taskforce on the Homeless, and Sonoma County Law Enforceme nt Chaplaincy. She has also volunteered in the Schools of Hope program. Upon her retirement she was appointed by Vice Mayor Robin Swinth to serve on the Measure O Citizens Oversight Committee. Currently she is on the Board of Directors of Habitat for H umanity Sonoma County, as well as volunteering at the California Welcome Center/Santa Rosa Visitors Center.
Supporting Members
We also want to acknowledge and thank Arnie Barragan and Katie Barr for their help and support on the Task Force. Arnie and Katie both served on the OGTF initially, and their work was extremely valuable in helping the Task Force move productively forward.
Arnie Barragan, Human Resources specialist at St. Joseph's Health System, has 20 years of experience as a community organizer and facilitator in Santa Rosa in support of community lead initiatives which promote social change and foster community engagement and leadership capacity. His volunteer work includes the Roseland Cinco de Mayo Festival, Santa Rosa Community Advi sory Board, and Santa Rosa Together.
Katie Barr, Career Technology Education Grant Director for the Sonoma County Office of Education and former Executive Director for Tomorrow's Leaders Today, has volunteered extensively in Santa Rosa including as Board Trustee for the Rincon Valley Unified School District, Elsie Allen High School Foundation Board Member, and Youth Empowerment Council Facilitator. (Picture not available.)
6 LETTER FROM THE CO-CHAIRS
Dear Mayor Bartley and members of the Santa Rosa City Council, We are pleased to submit the Mayor’s Open Government Task Force’s (Task Force) report and recommendations.
As Co-Chairs, we were extremely impressed by the dedication of the Task Force members and the interest of the public in our work. We purposefully asked the Task Force members to drive the conversation at the meetings, and we covered a wide range of topics regarding open government. We feel confident that our report presents a constructive beginning to a new era of transparency, openness, and collaboration for Santa Rosa.
The recommendations reflect the deliberations and robust conversations of the dedicated and diverse members of the Task Force as well as of the community. We have actively met for eight months, held two community forums, worked as subcommittees, conferred with David Vossbrink (San Jose’s Communication’s Director), listened to and met with speaker Matt Leighninger (Deliberative Democracy expert) in coordination with Santa Rosa Together, and worked with Santa Rosa City staff members.
This report contains three general areas of recommendations for improving the transparency and openness of our local City government: improving community engagement, increasing communication, and strengthening policy related to transparency. While the Task Force believes all recommendations contained in the report need to be implemented, we also acknowledge that budget and legal constraints may hinder some efforts. We have thus sought to prioritize the recommendations for your, and the Council’s, consideration.
We are deeply appreciative of the hard work and perseverance of the Task Force members, City Attorney Caroline Fowler, City Clerk Terri Griffin, Community Engagement Coordinator Jennifer Tuell, former Assistant City Manager Jennifer Phillips, and Administrative Secretary Catherine Noceti. We also want to acknowledge Santa Ros a’s engaged citizenry for taking our work seriously, engaging productively to move this effort forward, attending our forums and Task Force meetings, submitting proposals, and broadcasting our work to the broader community.
Finally, we want to thank you, Mayor Bartley, for getting this effort started, working to bring the members of the Task Force together, and supporting our efforts during the last year.
Sincerely,
Co-Chairs: Erin Carlstrom and Robin Swinth
7 INTRODUCTION
In January 2014, Mayor Scott P. Bartley convened the Mayor’s Open Government Task Force (Task Force), a diverse group of Santa Rosa residents, to obtain recommendations about how to improve openness and transparency in Santa Rosa municipal government.
The Task Force began bi-monthly public meetings in
April 2014, utilizing a process of community
engagement, informal discussions, and hearing from
local and state leaders on the subject s of
communication and community engagement.
Through this process the Task Force concluded that
the City already connects in many constructive ways
with residents. Task Force members were educated
about City policies and outreach programs used to
promote open government, and concluded that staff
works diligently to follow state and federal
requirements for openness.
Through meetings and open forums it became
apparent, however, that within our community there
is a growing sense of mistrust and frustration with
City government. Community members who
addressed the Task Force asked for improved
communication, collaboration and access to decision
makers. Residents expect that their voices will be
acknowledged and their efforts will be respected
during governmental decision-making processes.
The Task Force concluded that the City – despite
adhering to, and sometimes exceeding, the state’s
legal requirements – still has critical work to do.
Openness and engagement should become a City
priority in order to meet the changing expectations
of the community.
The Mayor and the City Council, through th e Open
Government Task Force, have taken the first step to
analyze the problem and to identify specific desired
outcomes. Now community leadership must find
innovative ways to allocate the resources to achieve
these desired goals. We do not intend to imply that
this process is either simple or fast, or that
government is the only problem. The solutions to
these issues will be solved through a comprehensive
community engagement strategy that invites
everyone to the table.
To move forward, the Task Force has compiled a list
of recommendations categorized in four sections.
From the highest strategic level, the Task Force’s first recommendation is that the City Council
demonstrates its commi tment to openness by
adopting “Open Government” as an official Council
Goal. This assures the citizenry that open
government has been established as a high priority
for the Council, City Manager and City staff. It also
creates a sense of imperative for action.
To that purpose, the Task Force is recommending
several specific actions the City can take to improve
communication, access and public engagement. This
report provides guidance for the City to fulfill its goal of greater transparency and openness. Effective
change can only be accomplished through a long -
term approach and with the dedication of City
officials towards the adoption of policy changes,
public engagement protocols, feedback to the
community, and the monitoring of measurable
outcomes that are outlined in this final report of the
Mayor’s Open Government Task Force.
8 EXECUTIVE SUMMARY
Mayor Scott P. Bartley convened the Mayor’s Open Government Task Force, a diverse group of Santa Rosa residents , to obtain recommendations about how to improve openness and transparency in Santa Rosa municipal government. The Task Force met for eight months, held two community forums, hosted guest speakers, worked with staff, and conducted independent research.
Through this process the Task Force concluded that
the City already connects in many constructive ways
with reside nts and that staff works diligently to
follow state and federal requirements for openness.
It also became apparent through this process that
within our community there is a growing sense of
mistrust and frustration with City government.
Community membe rs asked for improved
communication, collaboration and access to decision
makers. Residents expect that their voices will be
acknowledged and their efforts will be respected
during governmental decision-making processes.
The Task Force concluded that the City – despite
adhering to, and sometimes exceeding, the state’s
legal requirements – still has critical work to do.
Openness and engagement should become a City
priority to meet the changing expectations of the
community.
The Task Force’s report and recommendations fall
into four groups:
1. Immediate Actions For Council
1.1 Set a Council goal of “Open and Transparent
Government”
1.2 Set three strategic objectives for the
organization
Hire a communications director
Adopt a sunshine ordinance based on
Task Force recommendations
Create a City mission statement which
embraces community engagement
2. Develop a Culture that Values Public
Engagement
3. Develop a Culture Focused on Communication
4. Develop Policies that Promote Openness
Establishing a Council “goal” wi th strategic
objectives establishes priority and accountability for
the important work of creating a more open and
transparent Santa Rosa City government.
Developing a municipal culture that values
community engagement creates openness. While
we have a n elected City Council, community
members affected by City policies want substantively
greater opportunity to be part of the process.
Developing a municipal culture focused on
communication is foundational with regard to
creating openness and transparency . Openness and
transparency are fundamentally about
communication – two-way communication.
Developing specific policies that promote openness
and transparency codify the best practices that
establish the basis for openness and transparency.
“Help us learn about each other and figure
out a way to be part of an active
partnership.”
- Participant in public forum
9 RECOMMENDATIONS
1. Immediate Actions Recommended for Council
There are numerous recommendations and detailed suggestions contained in this report. Although we feel that each specific recommendation has value and importance, there are four actions the Task Force is recommending for immediate action by Council. These first steps will begin to move Santa Rosa City government forward toward more openness and transparency.
1.1. Set Council Goal of “Open and
Transparent Government”
Establishing such a goal ensures that City staff and
Council members prioritize the important work of
creating a more open and transparent Santa Rosa
City government. As a goal, the City Council would
take measurable action that would be reviewed
quarterly during City Council meetings.
1.2. Set three strategic objectives for the
municipal organization
Hire a Communications Director:
The most important step the City could take towards
developing an organizational culture which values
public engagement and communicates more openly
and tr ansparently would be to hire a
Communications Director. The Task Force envisions
the Communications Director as a position that
champions open and transparent government within
the municipal organizat ion. Currently, no one in
Santa Rosa’s 1200 person municipal organ ization
holds sole responsibility or accountability for setting clear expectations and developing municipal wide
processes about consistent and constructive
community engagement and communication. No
one person is accountable for setting clear and
measurable expectations about communication. It
is important that the Communications Director value
communication between the City and the public as a
two way process: providing information to the public
and promoting the opportunities for the community
to provide input to the City. This position must have
the authority and standing, which comes from
participating at an executive level within the City
organization, to prioritize the value of
communication, community engagement, and
sunshine policy during the or ganization’s executive
level decision making. Details are contained in
section 3.1 of the recommendations.
Adopt a Sunshine Ord inance based on Task Force
recommendations:
Clearly outline in one procedural document all of the
City’s open government proc esses, procedures and
policies (referred to as a “Sunshine Ordinance”)
along with considering the recommended
improvements in this report, with the goal of
increased transparency, restored public trust and a
higher degree of public participation. Details are
contained in section 4 of the recommendations.
Create a City mission statement which embraces
Community Engagement:
Formulate a mission statement for community
engagement and work to create a pervasive culture
of open and collaborative partnerships b etween
elected officials, city staff, and the community.
Details are contained in S ection 2 of the
recommendations.
10 2. Develop a Culture that Values Public Engagement
Developing a municipal culture that values
community engagement is one of the most
impactful actions that Santa Rosa City government
can take to increase government openness.
Community engagement is the mechanism or
process by which citizens engage in their democracy.
There was a strong sense from the Task Force that
Santa Rosa needs to do more to engage and listen to
the diverse voices and stakeholder s within our
community. While we have an elected City Council,
the community desires and expects to participate in
the process es which create policy choices and
recommendations to Council - especially when the
community faces tough problems which require a
more diverse perspective for resolution . The
following sections describe more specific strategies
for strengthening community engagement.
2.1. Genuinely engage and partner with neighborhoods, volunteers, businesses, institutions, and other organizations which support our community
Residents’ knowledge, wisdom and experience is the
backbone of any successful community. Santa Rosa
is an amazing City of talented and engaged
citizens. Decision m akers – both elected and
employed by the City – should acknowledge,
embrace, and invite the input from all stakeholders
with the understanding that by addressing social
equity, environmental sustainability and economic
development, we have the potential to shift decision
making from an adversarial to a collaborative
process. Genuinely engaging and partnering will
result in better decisions which have more buy in
from the community and, by virtue of the process,
will also result in increased trust and equi ty as well as reduced frustration for both the public and public
officials.
Through public/private partnerships as well as
engaging nonprofits, neighborhood organizations
and the business community, we increase our
opportunities for success. Those who are willing to
honestly and respectfully engage with their
community and government must be assured that
their input is at the very least being considered in the decision making process.
There is already an infrastructure in place that can be enhanced, improved and utilized to help implement
this goal. The Santa Rosa Violence Prevention
Partnership (formerly known as the “Mayor’s Gang
Prevention Task Force”) utilizes an integrated
network of neighborhood groups, interagency
relationships and regular meetings in order to create
an infrastructure that is very effective in bringing
various groups together to problem solve. The City
would be well served in emulating that same model
in partnering with a broader cross section of
community organizations to help enga ge and
encourage community participation. The
Community Advisory Board (CAB) is also a City board
that is already engaged and should be better utilized
to engage and educate the community.
There was a strong sense from Task Force members
that the conversation about Open Government must
continue for Santa Rosa. There should be a forum
where staff and residents can collaboratively work
together to move ideas for improving openness and
transparency forward.
“Create an environment that we can
all learn and share from.”
- Participant in public forum
- Participant in public forum
11 Opportunities to accomplish this include:
2.1 Recommendations: Genuinely engage and partner with neighborhoo ds, volunteers, business es, institutions, organizations and other local government agencies
a. Shift definition of partnership to include Community Involvement b. Coordinate use of volunteers City-wide
c. Look for opportunities to form partnerships with other community organizations and neighborhood groups
d. Create opportunities for partnerships and ask for help in getting people engaged e. Further incorporate the Community Advisory Board (CAB) in civic engagement practices Clarify role and mission
Education and outreach about participatory government Work with Teen Council
Emergency preparedness
Regular communication with Council
f. Explore reassessing and restructuring CAB so that it can help facilitate and activate more effective practices for community engagement
g. Build on excellent engagement model of the Santa Rosa Violence Prevention Partnership (formerly known as the Mayor’s Gang Prevention Task Force) h. Make use of key strategies outlined in Matt Leighninger’s discussion (also contained in National League of Cities Document entitled “Planning for Stronger Local Democracy: A Field Guide for Local Officials” ) to effectively engage the community during decision making Actively recruit diverse viewpoints.
Involve those citizens in structured, facilitated small-group discussions, interspersed with large forums for amplifying shared conclusions and moving from talk to action. Give the participants in these meetings the opportunity to compare values and experiences, and to consider a range of views and policy options. Produce tangible actions and outcomes.
12 2.2. Establish Santa Rosa as a leader in civic engagement with the goal of increasing Openness, Transparency and Accountability
The Task Force recommends establishing Santa Rosa
as a leader in civic engagement with the goal of
increasing openness, transparency and
accountability. Accomplishing thi s requires a
cultural shift for our local government and,
therefore, the commitment of the City Council and
the City organization.
The Task Force also believes that the organization
needs to develop a City mission statement aligned
with this goal and which clearly articulates the intent of the organization -something to the effect of: "The
City of Santa Rosa is an engaged, open and
transparent government; hearing, valuing and
honoring all those who live in the community is our
goal." This Mission Statement should be at the root
of all City decisions thereby sending a message to the
community that openness and transparency are not
just goals for the City, but are both cultural and
organizational imperatives.
This can be accomplished by acknowledging the
great work done to date while realizing that despite
these accomplishments, negative perceptions,
whether real or imagined, will drive the relationship
between the community and its
government. Building on what works, and fixing that
which doesn't, requi res bringing diverse
stakeholders together for community conversations
which produce tangible outcomes and actions.
Learning from the past and focusing on advancing
new ideas will inform this process.
Opportunities to accomplish this include:
2.2 Recommendations for Increasing Transparency
a. Develop a cross -departmental framework in order to institutionalize a more collaborative approach to public engagement, including a mission statement and measurable outcomes b. Expand the use of City mailing lists
c. Increase direct communication from the City Council and City Manager Brown bag lunches
Electronic newsletters
Coffee with Council member or local leader
Listening forums
d. Create strategically located, electronic, and bilingual kiosks for public information e. Overhaul City Website – see Section 3.2
f. Encourage next charter review committee to explore
District elections
Pay for Council
13 2.3. Close the communication loop - Acknowledge the value of community input, wisdom, and participation
There is a strong perception in the community that
residents’ input is not valued by City staff or Council members. This sentiment has been expressed to
Task Force members by people who engage
productively and care about the community. When
decision makers fail to acknowledge input, residents
assume it has been disregarded. It is critical that the community members who engage with City
processes be assured that their input, whether
followed or not , has been heard and considered.
Residents’ efforts to engage need to be
acknowledged; we need to find ways to close the
communication loop. Critical and difficult decisions
deserve a meaningful public engagement process .
This will foster a spirit of colla boration within
government and further promote an engaged
population.
Opportunities to accomplish this include:
2.3 Recommendations for Acknowledging the value of Public Input a. Make time at the beginning of Council meetings for public comment b. Close the communication loop
Standard Operating Procedures for all questions and complaints, central point of contact Address all inquiries (Close the feedback loop)
Find ways to improve active listening by Council members and staff c. Foster a spirit of collaboration in problem solving and decision making d. Communication in times of crisis needs significant improvement Move from “We are in compliance with the law.” to “Are we meeting the spirit of the law?” Town Hall meetings should be convened as soon as possible to improve communication City should focus on two-way communication in times of crisis e. Start critical conversations earlier with the community and hold such meetings at times and places conducive to public participation
Chance for community to deliberate, discuss and help develop solutions Establish Participatory Budget Process
Council Goal Setting Process
Community input for hiring key City Officials, such as executive level staff f. Find ways to demonstrate that public input has been heard . Track complaints and resolutions – make visible online
g. Find ways to make it easier to get City information
h. Encourage City Staff to utilize best practices in customer service with the goal of helping the customers or residents solve the problem, achieve the goal or explain why it cannot be accomplished; adopt an earnest approach of “How may I help you?” i. Central point of contact- ombudsman to help citizens navigate City processes such as Planning
14 2.4. Increase opportunities for diverse community engagement and effective participation
Community members want meaningful
opportunities to participate in and influence
planning and decision making. In order to promote
inclusive, collaborative and robust community
involvement, especially for under-served and under-
represented individuals, the City should evaluate
best practices and experiment with a wide variety of
tools for public engag ement and effective
participation.
New and creative engagement opportunities are
going to require new and creative ideas.
Empowering residents as well as City staff to
experiment with new strategies for community
engagement requires shifting to a learnin g and
knowledge based approach. Constructive feedback
through community engagement opportunities will
engender a communication paradigm that supports
working together to solve problems. The necessity of
capitalizing on the strong social networks within the
City and bringing diverse interests to the same table
cannot be over emphasized.
Residents expect opportunities to work together to
bring constructive ideas to the table in order to
address the issues we face as a community. The
notion that "democracy is messy" is true, but
without respectful interaction and setting and
monitoring of goals through measurable outcomes,
we will only succeed in closing down and missing the
important opportunities we need in order to move
forward.
Opportunities to accomplish this include:
2.4 Recommendations to “Increase opportunities for diverse community engagement and effective participation”
a. Give the “Comm unications Director” the responsibility and authority to work within the City organization to activate and promote more effective public engagement. b. Hold meetings at various locations throughout the City (other than Council Chambers) c. Go beyond conventional feedback tools of community meetings and surveys Regular DINE events (Discussions Inspiring Neighborhood Engagement, a program that brings small groups of people together at homes or community centers for a potluck dinner to discuss challenges facing our City.)
d. Assist Neighborhood Groups to organize and engage
e. Make use of neighborhood apps, such as Nextdoor
f. Schedule quarterly public forums/Town Hall Meetings with City Council g. Increase outreach through media, events webcasts, surveys, newsletters (English/Spanish) h. In times of crisis focus on two way communication
i. Make public noticing understandable – move away from “government speak” j. Explore how technology can increase accessibility at Council meetings k. Explore organizing City government in a way that better meets the needs of residents l. Make the website resident-centric
15 2.5. Build a strong civic infrastructure – educate people about how best to engage.
Daniel Lathrop and Laurel Ruma, in their book Open
Government, state, “Open government without a
corresponding increase in an informed, concerned,
and engaged citizenry is no solution; in fact, it makes no sense .” Educating the public in how City
government works is not a luxury but a necessary
goal to engaging and informing our citizenry. The
Task Force recognizes that it is essential to develop
and support civic structures and processes that
encourage active and meaningful community
involvement. This approach would strengthen the
capacity of individuals and the community to
participate in budget allocations, planning processes,
permitting, volunteering, and other decisions
impacting civic life in Santa Rosa.
Opportunities to accomplish this include:
2.5 Recommendations: Build a Strong Civic Infrastructure - Helping people know how, when and where to engage
a. Launch an educational series to build the civic skills and capacity of those who live in Santa Rosa through technology (YouTube, website, social media)
“Citizen Guides”
How to request Public Records
How to participate in a Council meeting
Local Government 101
General Plan
Citizen’s Academy to actively involve all community stakeholders in their government b. Encourage and support school districts to include curriculum focused on local government Support Student Curriculum by providing speakers and information to districts Partner with existing organizations to reengage the Teen Council and explore expanding the reach
Explore with educational institutions best way to partner to encourage engagement Design youth contests for City Apps
Youth Council (Teen)
Working with State Legislators on Curriculum that focuses on local government Utilization of Internships with credit
Job shadowing
16 3. Develop a Culture Focused on Communication
Developing a municipal culture focused on
communication is foundational with regard to
creating openness and transparency. Openness and
transparency are fundamentally about
communication – two-way communication.
The City has dedicated and diligent staff that have
worked to follow the law with regard to
communication. Yet, the City organization is
perceived as holding information tight and resistant
to public engagement. When the City is ineffective
at or seemingly unwilling to communicate basic
decisions or clear explanations for their decisions -
when managing legal limits and liability define
communication - the intent of the communication is
actually lost, and th e lack of communica tion
damages the relationship between the City
government and community members. The City
needs to do a better job of communicating with its
residents.
Communication between the City and the public
should be a two-way process: providing information
to t he public and promoting the opportunities for
the community to provide input to the City. In the
City of Santa Rosa, a 1200 person municipal service
organization, there should be municipal wide
processes to enable consistent and constructive
communication with the public.
The following sections describe specific strategies
for strengthening communication between the City
and its residents.
3.1. Create a Communications Director Position
The most important step the City must take towards
developing a municipal culture which values public
engagement, communicates more clearly with the
community, and champions open and transparent
government policy would be to hire a
Communications Director . Residents expect their
City government to communicate, listen,
acknowledge their input, and respect their role in
participating in decisions which affect them. Yet,
presently, no one person in Santa Rosa’s 1200
person municipal organization is tasked with or
accountable for developing municipal wide
processes about consistent and constructive
community engagement and communication. No
one person is accountable for setting clear and
measurable expectations about communication, and
there is not a champion at the executive level of the
organization for transparency.
It is important for the City as an organization to
create effective two -way communication with the
community so that information is provided to the
community and effective channels are established
and promoted to receive input from the community.
Even i n the City’s best attempts to communicate
17 clearly about impactful decisions, the City has found itself under fire from the community. Currently,
communication and community engagement is
handled on a case-by-case basis within each
department. The Communic ations Director should
be responsible, at a strategic level and across the
organization, for developing and facilitating the
organizational tools , processes, and structure
necessary to promote effective and robust public
engagement strategies.
The Commun ications Director must have the
authority, which comes from participating on the
City Manager’s executive team , to prioritize the
value of communication , community engagement ,
and open and transparent government in the
organization’s executive level decisi on making. The
Task Force envisions the Communications Director as
a position that champions transparency and
openness at the executive level within City
Government.
Opportunities to accomplish this include:
3.1 Recommendations for “Create a Communications Director Position” a. Executive management level authority
b. Oversee community engagement
c. Oversee website
d. Partner with local media and neighborhood groups
e. There needs to be a more consistent and resident-focused approach to the communication from the 1200 person service organization of Santa Rosa City f. Oversee communications efforts in all departments
“I found it very refreshing to listing to the
meetings of this task force… gives me hope
about the democratic process.”
- Participant in public forum
- Participant in public forum
“We need to think differently about
ways to engage the public.”
- Participant in public forum
18 3.2. Overhaul City’s website to create an effective tool for residents
We he ard from the commu nity and staff that the
current website is a significant barrier for residents who want City information. The website is
cumbersome and difficult to navigate - even for
simple tasks. Many other communities design their
websites to help citizens work effectively with City
government, inform the public, attract visitors ,
showcase resources and community events, and
manage legislative information . Openness and
Transparency necessitate an intuitive website where
everyone can find up to date information easily.
Creating a website that is an effective informational
tool for residents must a top priority of the City.
Opportunities to accomplish this include:
3.2 Recommendations for “Overhaul City’s Website to create an effective tool for residents” a. Focus website on how residents get information, not how the City is structured b. Investigate how technology can help with openness and transparency (i.e. Open Data, Public Records, and resident participation during Council meetings) c. Make City policies and procedures available on website d. Employ diverse community feedback during design process e. Up-to-date City Wide calendar on City’s website
f. Make City information available to and understandable by residents on the website – i.e. improve Public Noticing
g. Focus communication on how people actually get their information Social media
Video
19 4. Develop Policies that Promote Openness
The Policy Subcommittee of the Task Force is
recommending several steps the City can take to
improve transparency and open government. These
findings and recommendations are the result of
extensive review of open government policies from
several cities and counties that have adopted
Sunshine Ordinances. While the Policy
Subcommittee determined the City strives to comply
with – and in some cases exceed – requirements of
the state and federal open government laws, there
are opportunities to create a more transparent and
accessible City government by revising select policies
and proce dures. In forming its recommendations,
the Policy Subcommittee reviewed many of the
“Sunshine Ordinances” that have been adopted by
cities and counties in California. Detailed analysis of the several Sunshine Ordinances are included in the
Policy Subcommittee’s full report. (Attachment 2)
4.1 Draft and adopt a Sunshine Ordinance that supports transparency and open government through policies that exceed minimum requirements and statutes for meetings and public records
At the forefront of the Policy Subc ommittee’s
recommendations is the creation and adoption of a
Santa Rosa “Sunshine Ordinance.” The statute would
serve as an open -government policy document for
the City, as well as a tool to inform the public on ways to engage with the City. The Subcommitt ee further
recommends that the City Council appoint a Task
Force comprised of Council, City and public
representatives to develop the comprehensive open
government statute.
A Sunshine Ordinance, however, is only as effective
as the policies contained within the document. Such
an ordinance should focus on policies and
procedures that exceed openness statutes in the
Brown Act and California Public Records Act. It
should also codify any existing procedures and
practices that provide greater access and more
openness than required state and federal law.
“Give weight and importance to decision
making roles, it is going to take more than
one person.”
- Participant in public forum
“Safety, connection, resilience and
communication will all be fostered if our
neighborhoods are organized.”
- Participant in public forum
20 4.2 Policy Recommendations that exceed minimum requirements and statutes for meetings and public records
The Policy Subcommittee also recommends several
specific policy and procedure changes. Th ese
recommendations represent “best practices” from
cities that have adopted Sunshine Ordinances as a
method to establish more open governance and
enhance community engagement. The
Subcommittee’s recommendations are important, if
not essential, elements of a Sunshine Ordinance.
However, the list is not exhaustive, and the City
should be open to any reasonable procedure or
policy that serves to inform or engage its citizenry.
The full report by th e Policy Subcommittee
(Attachment 2) provides a more detailed list of policy
recommendations and explanations. Following are
some of the key areas the City Council should
address in a new Sunshine Ordinance.
Opportunities to accomplish this include:
4.2 Recommendations for “Policy Recommendations that exceed minimum requirements and statutes for meetings and public records.”
Council agendas and comment:
Formally adopt and codify existing practices and procedures to provide earlier notice of City Council agendas, as well as supporting documents, staff recommendations and potential impact on budget and City services.
Publish written guidelines – in print and on the website – to help the citizenry interact more effectively with the City, including public comments at City Council meetings. Establish time-certain periods for public comment that are more accommodating to the public, while balancing the need for time -certain schedule of public hearings. (Numerous examples are included in the Policy Subcommittee’s full report.)
Move Council reports to the end of the meeting or at a more flexible time.
Closed meetings:
Require that the governing body disclose the reason for any closed meeting as part of the agenda, or verbally announce the reason for emergency items being discussed prior to the closed session. Expand requirements for disclosure of settl ed litigation, including a quarterly public report identifying settlement agreements over a certain size.
Public records:
Hire or designate a public records coordinator to ensure each department is compliant with open- government statutes, and expedite response times.
Provide clear guidelines on how to make a request for public records, maintain a public records index that identifies records that are maintained by the City, and establish a formal appeals process when the request for a public record is denied.
Website:
Revise and update the City website to make it easier for the public to find information about the City, including guidelines for public access and participation. Make City policies and procedures available on website.
21 ATTACHMENTS
1. Community Engagement Subcommittee Recommendations and Supporting Information
2. Policy Subcommittee Recommendations and Supporting Information
3. Policy Subcommittee Tables
4. Supplemental Information
Attachment 1: Community Engagement Subcommittee Report Page 1 Attachment 1
Community Engagement Subcommittee
Recommendations and Supporting Information
Subcommittee Members:
Rabbi George Gittleman, Dee Dee Bridges, Karen Weeks and Peter Stanley
PREAMBLE
There is an inherent difficulty in addressing an issue as complex and layered as government transparency and openness. Clear, affective policies that foster Open Government are essential, yet policy alone will not ensure Open Government. Simpl y put, one cannot legislate good behavior. Legislation and policy give us an outline of what an open, engaged and transparent government can look like but for the policy to be effective you need something more: a clear statement of values that fills in the picture of the true intent of the policy.
Why is this important? Despite compliance with State law and the Brown Act and a commitment from elected officials and city staff to offer superior service to its constituents, there is still a perception in the community that local government does not make open, transparent and engaged government a priority. Our analysis suggests that the only way to change this perception which we believe is rooted in experience, is, along with new policies, to change the city culture as well.
A culture of openness and engagement with the community must be a part of the DNA of the city and must be nurtured through a Vision Statement and Key Performance Indicators (KPI’s) that are the basis for evaluation of all decisions the City makes. Establishing KPI’s is an excellent way of measuring whether intended outcomes are being achieved and helping evaluate how to adjust if they aren’t. The measure isn't simply "are we following the rules?” the greater more important question is, "are we being effective at it?" This Vision must be a part of the leadership model that begins with Council and is embraced by the City Manager’s office and then throughout the entire organization. Only through a systemic, long term change in public eng agement can the community feel as if they are an integral part of the decision making process. This cultural and operational value system must be strong enough to transcend political and staffing changes within the City.
In order to try and understand h ow other municipalities addressed similar problems, the Community Engagement Subcommittee looked at approaches from other Cities including Portland Oregon. The City of Portland has taken a proactive approach to involving its citizenry in local governance. The Portland Public Involvement Principles are a series of objectives that go beyond a policy approach. The Principles set the ground work for a cultural shift in the way political leadership and City staff, educate, inform and continuously engage with t heir residents. The following goals, based on those principles are in no way intended to create an
Attachment 1: Community Engagement Subcommittee Report Page 2 exhaustive list of priorities but the beginnings of cultural change that can strengthen the engagement process and trust within the City.
Vision Statement
The City of Santa Rosa is an engaged, open and transparent government; Hearing, valuing and honoring all those who live in the community is our goal.
GOAL 1: Community Involvement as a Partnership
The City and our neighborhoods should work together as genuine partners. The City should build and maintain relationships and communication with individuals, neighborhoods, businesses, organizations, institutions and governments. Decision makers should be connected to the community, and they should inspire others, including staff and residents, to act together toward common goals.
GOAL 1: Implementation
Despite many efforts on the part of Council and staff this goal has been difficult to achieve in a consistent manner yet it is potentially the most importan t objective in bringing the community together. There is already an extensive infrastructure in place that can be enhanced, improved and utilized to help implement this goal. The Mayor’s Gang Prevention Task Force utilizes an integrated network of neighb orhood groups, interagency relationships and regular monthly meetings in order to create an infrastructure that is very effective as a preventative measure in addressing education and gang prevention related solutions. The City would be well served in emulating that same model in partnering with neighborhood groups to help engage and encourage community participation. CAB is also a City board that is already engaged and could be better utilized to inform and educate the community. This would require better defining goals and outcomes expected of the neighborhood representatives as well as nominating and appointment structure that ensures the greatest level of community engagement and participation.
GOAL 2: Transparency and Accountability
City planning, policy, investment and development decision -making processes are clear, open, documented and work to balance a variety of community interests. The City makes it clear to the community who is responsible for making decisions, and how community input was ta ken into account in decisions made. It is critical that the community members who engage with the City process be assured that their input, although not always followed, is heard, considered and communicated through a feedback loop. Public apathy begins when the public feels that what they have to say is unimportant to the conversation and decisions that are made.
GOAL 2: Implementation
Transparency and accountability must be a communicated goal of the City Council. This is the institutional structure that provides direction and leadership for staff and residents. It is no small task to communicate consistently that informing the public is of the highest priority within the City. But it is also incumbent upon the citizenry to educate themselves to the issues the City
Attachment 1: Community Engagement Subcommittee Report Page 3 faces. It is hard to take seriously complaints that are not informed by an understanding of any and all obstacles a regulating body must follow.
City Council members should engage with the community through regular Town Hall meetings that take place in different venues throughout the City. These meetings can give residents an opportunity to educate themselves as well as provide direct access to elected officials. The City Manager is also a critical member of this engagement principal s ince he/she is the day -to-day face of the leadership structure of our City. The City Manager needs to be known and visible in the community and easily accessible to those who wish to address the office. The basic philosophy of the City structure should b e that when it comes to information and engagement, we should always err on the side of transparency and openness.
In times of crisis Town Hall meetings should be convened as soon as possible to allow information to be shared by all affected. This will al low the City to see how best it can help the community and also make the community aware of what the City can do.
GOAL 3: Value of Community Wisdom and Participation
Ensure that community members that provide knowledge and input receive some response from decision-makers, including a feedback loop with the rationale for final decisions. It is critical to the process when inviting public participation that there be a system by which information that is provided by the public can be effectively evaluated and addressed by the City.
GOAL 3: Implementation
This is another way in which the City website could be used to post and respond to public feedback. It is not to say that all public suggestions and solutions will be implemented but it is critical to an e ngaged citizenry that they know they have been heard. There are many implementation strategies outlined throughout this document that would be helpful in acknowledging the important input from the community. It is also important to have a system by which complaints from the community are tracked and addressed.
GOAL 4: Accessible and Effective Participation
City planning, policy, investment and development decision-making processes are designed to be accessible and effective, evaluating best practices and using a wide variety of tools to promote inclusive, collaborative and robust community involvement including under -served and under - represented individuals. Community members have meaningful opportunities to participate in and influence all stages of p lanning and decision making. The City shall be proactive in helping the community navigate processes, planning and permitting with the objective in all interactions with the public being; “How may we help you”.
GOAL 4: Implementation
One of the most difficult barriers to simply getting information about the City is the structure and format of the City’s website. This is potentially an incredible tool for informing the public of what is happening and yet virtually everyone who commented on the website, including staff and task force members, say it is impossible to navigate easily. The website as an effective informational tool must be made a top priority of the City.
Attachment 1: Community Engagement Subcommittee Report Page 4 Effective participation and robust community involvement can be achieved through a methodical adherence to the notion that directly engaging with the community is imperative. Town Hall meetings as suggested in Goal 2 implementation strategy is one way to provide accessibility to City governance. The Community Engagement Subcommittee a lso feels strongly that the City needs a dedicated “Community Engagement Director” tasked with creating a robust outreach program with both budget and staff support needed for success. This position, assigned to the City Manager’s office, must have the au thority, and be part, of the Executive Team reporting directly to the City Manager to implement strategies and empowered, and protected, to implement and test engagement solutions. In order to ensure that these implementation strategies remain a part of the ongoing goals of the City, it is recommended that Council continue a form of the OGTF that will review, monitor and report back to Council on a regular basis.
GOAL 5: Building Strong Civic Infrastructure
The City recognizes that it is essential to develop and support civic structures and processes that encourage active and meaningful community involvement and strengthens the capacity of individuals and communities to participate in budget allocations, planning processes and civic life in Santa Rosa.
GOAL 5: Implementation
Daniel Lathrop and Laurel Ruma in their book Open Government state that, “Open government without a corresponding increase in an informed, concerned, and engaged citizenry is no solution; in fact, it makes no sense”. Educating the public in how City government works is not a luxury but a necessary goal to engaging and informing our citizenry. Leadership training for staff is critical as well as classes for the community to teach those interested in how various mechanisms within the City structure work; budget, planning, permitting, volunteering, etc. This is an excellent opportunity to not only educate but also connect with the community in a meaningful way. It not only empowers the community, it can empower staff to better understand the issues and concerns of those whom they serve. There are a variety of ways to accomplish the implementation of this goal. In the past the city hosted a Citizens Academy which was essentially a Santa Rosa Government 101 class, some ongoing form of th is program is recommended.
Conclusions
As stated earlier, this is not an exhaustive list of recommendations and issues related to a public engagement approach. It is intended as a first step to understanding and implementing a strategy that can be teste d and evaluated through measurement of Key Performance Indicators. There is an ideation philosophy that says; in order to identify and solve problems we must be willing to “Fail fast and fail often”, not for the sake of failing but for the sake of learning. Government by nature is risk adverse, generally for very good reason, making mistakes is amplified in the public eye. Failure is often interpreted as incompetence even though any successful person or organization will tell you that their failures were their greatest lessons, not learning from those lessons is the fatal error. Creativity requires us to think differently and in order to succeed with this goal we need to empower and protect City staff if we hold any hope
Attachment 1: Community Engagement Subcommittee Report Page 5 of moving down a path of creative solutions. The community is looking for access, education, a feeling that their voice is important and means something to the decision -making process.
Implementing a strategy through policy along with the less tangible elements outlined above can help move our community to a position of trust.
Culture, values and character are critical human characteristics that help define public trust; it's a gauge by which people evaluate their leaders. We will need to implement a process that inculcates a value sys tem that can connect with the community in order to begin to overcome current obstacles. Geoff Smart’s book Leadocracy condenses the implementation process to three critical elements:
Analyze: and determine the desired outcomes.
Allocate: scarce resources; money, people and time.
Align: resources to achieve the desired goals.
The City Council through the Open Government Task Force has taken the first step in beginning to analyze the problem and to identify certain desired outcomes. Now community leadership must find a way to allocate the resources needed and apply them to achieve these desired goals. We do not intend to imply that this process is either simple or fast, or that government is the only problem. The solutions to these issues will be solved through a comprehensive community engagement strategy that invites everyone to the table.
Attachment 2: Policy Subcommittee Report Page 1
Attachment 2
Policy Subcommittee
Recommendations and Supporting Information
Subcommittee Members:
Ashle Crocker, Bruce Kyse, Tony Alvernaz, Shirleen DeRezendes-Claiche
ISSUE
Should the City Council consider adopting additional policies and procedures designed to improve transparency and open government in the City of Santa Rosa?
BACKGROUND
The City of Santa Rosa currently complies with the Brown Act and the Public Records Act, as required by State law. The City also has enacted Council Policy 000-35, which sets forth additional requirements prim arily focused on proper noticing for meeting agendas. The Subcommittee notes this Policy was enacted in 1999 and is therefore quite out of date and does not reflect the current state of technology for public access to information via the internet.
In ad dition, the City currently implements a number of unofficial practices and procedures focused on transparent governance. These procedures have not been formally adopted by the City and are not codified in any document accessible by the public.
The Policy Subcommittee of the Open Government Task Force was created to review the requirements of the Brown Act and the California Public Records Act, and to consider whether the City of Santa Rosa should adopt additional policies focused on transparency and open government. As part of its review process, the Policy Subcommittee reviewed a number of Sunshine Ordinances to determine whether the policies and recommendations contained therein, or similar policies, should be considered by the City of Santa Rosa.
Specifically, the Policy Subcommittee reviewed Sunshine Ordinances adopted by the cities of Alameda, Oakland and San Francisco and the County of Contra Costa. In addition, the Open Government Task Force invited David Vossbrink from the City of San Jose to attend the Task Force meeting on July 7, 2014, to discuss San Jose’s various policies and procedures focused on open government. Of particular interest to the Policy Subcommittee was the city’s Sunshine Ordinance which includes policies and procedures desig ned to enhance the State’s open government requirements as set forth in the Brown Act and the Public Records Act.
The information reviewed by the Policy Subcommittee was voluminous. In order to summarize the policies enacted by various jurisdictions, t he Subcommittee prepared a spreadsheet to
Attachment 2: Policy Subcommittee Report Page 2
compare Santa Rosa to the above -referenced jurisdictions. This comparison spreadsheet, attached hereto as Exhibit A, summarized the following data:
1. The requirements of the Brown Act, focused on the following categories:
Required Notices and Agendas; specifically addressing regular meetings, special meetings, emergency meetings, closed session agendas and agenda exceptions. Closed Sessions; specifi cally addressing personnel exemption, public security, pending litigation, labor negotiations and real property negotiations. Public Rights; specifically addressing public testimony, non -discriminatory facilities, copy of recordings, public vote, closed me eting actions, taping or broadcasting, conditions to attendance and public records.
2. The policies enacted by Santa Rosa to exceed the Brown Act in the above-referenced categories, and
3. The Sunshine Ordinances enacted by, or under consideration by, other jurisdictions to exceed the Brown Act and Public Records Act in the above-referenced categories.
As described further below, the Policy Subcommittee concluded that, while Santa Rosa exceeds the Brown Act requirements in a handful of the areas mentioned above, both through Council Policy 000-35 and through unofficial City practices and procedures, there are a number of areas in which the City would benefit by strengthening its existing policies.
ANALYSIS
After comparing various jurisdictions, the Poli cy Subcommittee determined that Santa Rosa exceeded the Brown Act in the following categories, either by and through Council Policy 000-35 or through unofficial City practices and procedures:
Required Notices and Agendas - Regular Meetings, Special Meeting s and Agenda Exception.
Public Rights - Public Testimony, Non -discriminatory Facilities, Copy of Recording, Public Vote, Condition to Attendance and Public Records.
In other areas, Santa Rosa meets but does not exceed the Brown Act requirements. Given Santa Rosa’s population and government structure, as well as the political climate surrounding transparency at City Hall, the Policy Subcommittee believes the City of Santa Rosa should consider enhancing current policies and procedures and adopting new polic ies aimed at improving open government.
RECOMMENDATIONS
The City of Santa Rosa exceeds the Brown Act by and through Policy 000 -35 and through the City’s unofficial practices and procedures. The Policy Subcommittee recommends creating one
Attachment 2: Policy Subcommittee Report Page 3
procedural docu ment to institutionalize and consolidate all of the City’s open government processes, procedures and policies along with considering the recommended procedural improvements which are designed to increase transparency, restore public trust and encourage public participation.
The spirit of an open and transparent government will embrace innovative methods of exchanging information with the public, continue to increase community engagement and involvement, develop sustainable practices of operation to be eff ective and efficient in the functions of city business. These city functions include budget development, providing essential services such utilities and public safety matters, improving policies and procedures to strive to be reflective of the diverse need s of the community and making decisions that effectuate trust and security of the public.
It is the request of the Policy Subcommittee that the City of Santa Rosa leadership embrace the principles of an open and transparent government. While the Subcomm ittee was unable to articulate specific policies in the limited time provided, the Subcommittee identifies the following issues as being of utmost importance and makes the following recommendations.
The Subcommittee recommends that the City formally adopt the following practices and procedures; while the City currently adheres to these practices to the extent feasible, the Subcommittee believes it is important to codify these practices into formal policy, either as part of a Sunshine Ordinance or other policy document aimed at improving transparency:
Post preliminary agendas on the website 12 days prior to city meetings (Policy 000 -35 requires posting 9 days prior to the meeting).
Provide more detailed agenda summaries to better inform the public about the issue being considered by the council, the proposed recommendations and potential budget impacts (Brown Act requires 20 word summary, Policy 000-35 does not address). Post preliminary agenda packets, including supporting documents, on the website 12 days prior to the meeting date (Policy 000 -35 requires publication and posting the packet at the public counter 9 days prior to meeting date).
Post final agenda packets, including su pporting documents, 5 days before the meeting (Brown Act requires 3 days).
In addition, the Subcommittee recommends the City adopt formal policies to address the following issues, none of which is currently addressed by policy or by unofficial practice an d procedure:
Public Education: Provide written guidelines for members of the public, explaining the City’s policies regarding public participation, public comment.
The purpose of this policy would be to enhance public knowledge of the City’s policies and to better inform the public as to its important role in City government.
Attachment 2: Policy Subcommittee Report Page 4
Public Access to Information: Hire a public records coordinator and/or public information officer to work in coordination with the City Clerk, City Manager, City Council and le gal counsel to ensure each department is compliant with any Sunshine policies or ordinances that may be adopted by the council, including responding to requests for information under the Public Records Act.
The Subcommittee believes this is an important step toward improving transparency, and from the Subcommittee’s research on this issue it appears that where other cities have hired an information officer it has been very successful.
Closed Session Agenda: Prior to closed session, the governing body should disclose reason for the closed meeting as part of the agenda, or verbally announce the reason for emergency items being discussed in close session.
Such a policy would serve to reduce supposition or suspicion as to topics discussed by the council in closed sessions.
Agenda Exceptions (Non -agenda items) : In addition to Santa Rosa’s current policy regarding agenda exceptions, provide a detailed explanation of the reason the material could not be provided to council or public with normal advance notice.
Public Testimony: There are numerous examples on how the city council and city entities can accommodate public comment, providing time-certain opportunities to comment on agenda and non -agenda items. Fo r public comments on matters not on the agenda, consider a policy whereby the order of speakers is chosen by random drawing and the speakers are limited to three minutes each for a total comment period of 15 minutes; after the close of the 15 minute comment period, any speakers that did not get to speak but wish to address matters not on the agenda can provide those comments at the end of the council meeting, after the public hearing.
The purpose of this policy would be to better inform the public regard ing the time for public comment and ensuring the public arrives at meetings at the proper time and with reasonable expectations for providing comments. This policy would also provide certainty regarding the start of public hearings, because when members of the public provide lengthy testimony on matters not on the agenda, the result can be to delay public hearings and thereby create uncertainty for those persons attending to speak on matters on the agenda.
Access to Online Meeting Recordings : For online v ideo recordings of council hearings, provide an index and date stamp to show where each matter on the agenda begins on the video. For example, provide an index showing that the public hearing on “XYZ Project” begins at hour 2 on the video, and provide a li nk by which the public can click on “XYZ Project” and the video will automatically jump to the start of the hearing item.
Attachment 2: Policy Subcommittee Report Page 5
The purpose of this policy is to improve the public’s ability to quickly and easily access information regarding the council item of most interest.
Closed Meeting Actions : Expand requirements for disclosure of settled litigation.
Litigation settlement currently goes unreported (unless someone inquires directly) when the final approval of settlements rests with the other party. There are numerous options, including a list of reported settlements included monthly on the council agenda. Suggest the City provide a quarterly report identifying any settlement agreements entered into by the City with a settlement amount over $50,000.
The purpose of this policy is to provide access to important information and to thwart the appearance of secrecy in settlements.
Access to Public Records: Provide a clear guide for the public, explaining how to make a request for public records; post this guide on the website and at the City Manager’s office.
Provide training to City staff so they are well versed on this topic and can provide efficient service to the public. The City should also maintain a public records index that identifies the types of records that are maintained by all departments and offices.
The purpose of this policy is to ensure the public and the City staff are both informed regarding the City’s process and to improve communication between the parties and increase access to records.
Response to Public Records Act Requests : Provide a written acknowledgement of all requests for public records within one business day. Where the request for documents is fairly routine, respond by providing the requested documents within three business days.
For more complex matters, the Brown Act provides guidance regarding responses that are required within ten days.
The purpose of this policy is to let the public know their request(s) have been heard and the City is endeavoring to fulfill the request, and also to ensure the City is using its best efforts to timely reply.
Appeals Process to Gain Access to Public Records . Provide a formal pro cess by which a person making a public records act request can appeal a determination by the City Attorney that the requested documents cannot be provided.
This policy is important because it ensures that any request that is denied by City staff or by the City Attorney’s office may be appealed to a higher body, and thereby provide the public with a mechanism to pursue their request.
Attachment 2: Policy Subcommittee Report Page 6
New Website. The City should devote substantial effort and resources to revising and updating its website to make it more user -friendly. The Subcommittee finds the current website to be difficult to navigate and difficult to find information, even where we know such information exists.
This should be a top priority for the City as it is essential to fostering community engagement and access to information.
CONCLUSION
The City of Santa Rosa can improve community involvement by providing information in an accessible method, being proactive in anticipating concerns and addressing those matters in an appropriate manner, inviting input from members of the community, and using that input to make decisions so that the citizenry feels their voice is heard. A positive step toward improving the cooperation and collaboration between the members of the public and the City of Santa Rosa is to strive to govern by going beyond the minimum of what the local, state or federal law requires. To this end, the Policy Subcommittee stron gly recommends the City adopt a Sunshine Ordinance designed to improve transparency and openness in governance.
Brown Act Santa Rosa Oakland San Francisco Contra Costa Alameda Regular Meeting Brief general description (approx 20
words). Posted at least 72 hours prior
to meeting. Posted at least 72 hours
prior to meeting.
(3 day’s)
(=/+)
Advanced (preliminary) agenda
posted 12 days prior to meeting. Staff
/ consultant reports available on CM
public counter 12 day’s prior. Provide
background information for report
items, prior actions taken by Council,
Name of parties, location of
properties, budget impacts, sources
of funding, contract amounts and
recommendations. Agenda packet on
website 24/7 at no charge and
available for inspection at Central
library and CMO. QR code prior to
every meeting for electronic access to
agenda packet. Meeting agenda on
website, bulletin board (2) and
meeting location
(+) Provides for a greater noticing
period For Redevelopment Agency,
Board of Port Commissioners, Public
Ethics Commission, and Their
Standing Committees for City Council -
post online and in accessible location
10 days before meeting date, unless
supplemental agenda which is 72-
hours before meeting date. Other
local bodies not specified in 10 day
requirement, must provide 72 hour
notice. (Secs. 2.20.080(A) & (C).)
(=) Post agenda on website with
meaningful description of each item
on agenda 72 hours before meeting.
Sec. 67.7(a).
(+) Provides for a greater noticing
period. All such staff material must
be distributed to the policy body and
be made available to the public 96
hours before a scheduled meeting or
24 hours prior to a meeting when the
agenda item has been added to the
agenda at a previous meeting of the
policy not more than 7 days prior to
the scheduled meeting. Records
which are releasable and which are
distributed during a public meeting
but prior to commencement of their
discussion shall be made available for
public inspection prior to and during ,
their discussion. (Sec. 2.206(A) & (c)
(=/+) 12 day’s for City Council ; 7
day’s for all other policy bodies (2-
91.5a) Agenda posted on website ;
cable channel & available @ library (2-
91.5d) Agenda packet on website
(fiscally + technologically feasible)
and reviewable at library & City
Clerks office during normal business
hrs
(2-91.5d) Agenda available ‘upon
request’ to speech & hearing
impaired thru telecommunication
relay services or equivalent systems
and ’upon request’ to sight impaired
thru Braille or enlarged type. (2-
91.5h) Include ‘Know your rights
under sunshine ordinance’
(2-91.5i) Limit ceremonial
presentations & proclamations to no
more than 15
Minutes (2-91.5j) Agenda covered by
Sunshine ordinance
‘Shall’ include the address, area code,
phone#, fax#, email address and a
contact persons name for the Open
Government Commission.
(2-91.5k)
Attachment 3
Policy Subcommittee: Review and Comparison
Required Notices
Attachment 3: Policy Subcommittee Tables Page 1
Brown Act Santa Rosa Oakland San Francisco Contra Costa Alameda Special Meeting 24 hour notice to members of
legislative body and media outlets.
Brief general description.
(=)
Special meeting notice is typically
greater than 72 hours
(+) Provides for a greater noticing
period. 48 hour notice to media,
legislative body, agenda subscribers
and publicly posting. Sec.
2.20.070(A).
(=) 72 hour notice to legislative body
and local media. Sec 67.6(f).
(=) Not specifically addressed. (=/+) Delivering personally or by written mail notice to each member
of the policy body and the local
media who have requested written
notice to each of special meetings in
writing. Notice shall be delivered as
described in 2-91.4 (e) at least 7 days
before, with the exception of any
urgent matter beyond the control of
the City. (2-91.4f)
Emergency Meeting 1 hour notice in case of work
stoppage or crippling activity except
in the case of a dire emergency.
(=) (=) Not specifically covered.
Ordinance provides that Brown Act
fills gaps. (Sec. 2.20.050.)
(=) Not specifically covered.
Ordinance provides that Brown Act
fills gaps.
(=) Not specifically addressed. (=) Not specifically covered. Possibly covered in 2-91.4d and reference to
Gov. code sec. 54956
Closed Session
Agenda
Described in the notice or agenda for
the meeting. Generally must report
the action at the conclusion of the
closed session.
(=) (=) Described in notice or agenda for
the meeting. (Sec. 2.20.100(A).) Must
announce in open session the reason
for the closed session. Sec.
2.20.110(A). Must report action taken
at conclusion of closed session under
specified circumstances. Sec.
2.20.130(B).
(=) Described in notice or agenda for
the meeting. (Sec. 87.8.) Prior to the
closed session, policy body must state
reason for closed session and specific
statutory authority for it. Sec. 67.11.
Must report action taken at
conclusion of closed session related
to real property negotiations,
litigation, settlements, employee
actions, and collective bargaining.
Sec. 67.12(b).
(+) Requires disclosure of justification for
closed session Prior to holding a closed
session pursuant to this section, the
policy body shall disclose the justification
for its closure either by entries in the
appropriate categories on the agenda or,
in the case of an item added to the
agenda based on the finding of necessity
and urgency, by oral announcement
specifying the same information. Sec.
2.402 (e) Agenda items that involves
existing litigation ‘shall’ identify the
court, case # and date the case was filed
on the written agenda. For each agenda
item for a group that involves anticipated
litigation, the city attorney’s office or the
policy body ‘shall’ disclose at any time
requested and to any member of the
public whether such anticipated litigation
developed into litigation and
(=/+) Specify and disclose the nature
of any closed session by providing
specific information
(2-91.7a 1-7) Minutes of all closed
sessions, except on charter officer
performance ‘shall’ be taken by the
city clerk or designee. City attorney
‘shall’ semi-annually (6 months) make
a determination whether disclosure
would be detrimental to the city, and
‘shall’ provide a report to council (2-
91.8a)
‘shall’ identify the court, case # and the
date the case was filed, unless the city
attorney determines that lifting the
exemption from disclosure would be
detrimental to the city. (2-91.8b)
Required Notices
Attachment 3: Policy Subcommittee Tables Page 2
Brown Act Santa Rosa Oakland San Francisco Contra Costa Alameda Agenda Exception Proceed without an agenda in the
case of emergency circumstances or
where a need for immediate action
came to the attention of the
governing body after posting of the
agenda.
(=/+) Item not on prelim agenda can
be added to agenda if: it appears on
final agenda at least 72 hours prior to
meeting, council finds that due to
exceptional circumstances outside
control of council compliance would
impose substantial burden on the
city’s ability to conduct business or
result in prejudice to private party.
Requires five council members
unanimous vote if less than seven
members are present
(+/=) Provides detail regarding how
agenda exceptions are implemented.
Proceed if: 1) Majority vote of local
body that matter is an emergency; or
2) 2/3 vote of local body present or if
less than 2/3 unanimous vote that
matter is urgent and came to
attention after agenda was posted.
2.20.080(E).
(+/=) Provides detail regarding how
agenda exceptions are implemented.
Proceed if: 1) Majority vote of local
body that matter is an emergency; or
2) 2/3 vote of local body present or if
less than 2/3 unanimous vote that
matter is urgent and came to
attention after agenda was posted; or
3) the matter was continued from a
previous agenda. Sec. 67.7(e).
(+/=) Provides detail regarding how
agenda exceptions are implemented.
2.206 (a). The policy body may, by a
æ vote, waive these times when, in
its judgment, it is essential to do so,
providing that the County
Administrator, appropriate
Department Head or staff member
furnishes the Board of Supervisors or
other policy body a written
explanation as to why the material
could not be provided to the Board or
other policy body and the general
public within the (otherwise
required) time limit.
(=/+) Majority vote that an accident,
natural disaster or work force
disruption poses a threat to public
health and safety. Two-thirds (2/3)
vote or less than 2/3 present then
unanimous vote of those present that
the need to take action is so
imperative as to threaten serious
injury to public interest (2-91.5g 1
and 2). 9191.5g1,2)
Required Notices
Attachment 3: Policy Subcommittee Tables Page 3
Brown Act Santa Rosa Oakland San Francisco Contra Costa Alameda Personnel Exemption To consider appointment,
employment, evaluation of
performance, discipline or dismissal
of an employee. With respect to
complaints or charges against an
employee brought by another person
or another employee, the employee
must be notified, at least 24 hours in
advance, of his or her right to have
the hearing conducted in public. (Cal.
Gov. Code Sec. 54957.)
(=) Same as Brown Act (=) Sec. 2.20.120 (D) incorporates Cal.
Gov. Code Sec. 54957 by reference.
(+/=) Provides additional provisions
regarding use of closed sessions for the
review of municipal executive
compensation A body may consider the
appointment, employment, evaluation of
performance, or dismissal of a City
employee, if the policy body has the
authority to appoint, employ, or dismiss
the employee, or to hear complaints or
charges brought against the employee by
another person or employee unless the
employee complained of requests a
public hearing. (Sec. 67.10 (b).) Executive
compensation Committee established
pursuant to an MOU with the Municipal
Executives Association may meet in a
closed session when evaluating an
individual subject to the MOU, or when
establishing performance goals
(=) Nothing substantially different
than Brown Act.
(=) Same as Brown Act
(2-91.10g)
requires discussing the individual’s
performance. (Sec. 67.10(c).)
Public Security A body may meet with law
enforcement or security personnel
concerning the security of public
buildings and services. (Cal. Gov.
Code Sec. 54957.)
(=) Same as Brown Act (=) Sec. 2.20.120 (D) incorporates Cal. Gov. Code Sec. 54957 by
reference.
(=) A body may meet with the
Attorney General, district attorney,
sheriff, or chief of police, or their
respective deputies on maters posing
a threat to the security of public
buildings or a threat to the public’s
right of access to public services or
public facilities.
(Sec. 67.10 (a).)
(=) Nothing substantially different
from Brown Act.
(=/+) Meet with Attorney General,
district attorney, City Attorney or
chief of police or their respective
deputies, or a security consultant or a
security operations manager on
matters posing a threat to the
security of public buildings, a threat
to the security of essential public
services, including water, drinking
water, wastewater treatment, natural
gas service and electric service or a
threat to the publics right of access to
public services or public facilities.
Closed Session
Attachment 3: Policy Subcommittee Tables Page 4
Brown Act Santa Rosa Oakland San Francisco Contra Costa Alameda Pending Litigation A body may meet in closed session to receive advice from its legal counsel
concerning existing litigation,
initiating litigation, or situations
involving a significant exposure to
litigation are expressly defined in
section 54956.9(b)(3). (Cal. Gov. Code
Sec. 54956.9.)
(=) Same as Brown Act (=) Sec. 2.20.120 (D) incorporates Cal.
Gov. Code Sec. Cal. Gov. Code Sec.
54956.9 by reference.
(+) Provides additional provisions
regarding the prohibition of closed
sessions to evaluate independent
contract attorney services A body
may, based on advice of its legal
counsel, and on a motion and vote in
open session to assert the attorney-
client privilege, to confer with, or
receive advice rom, its legal counsel
regarding pending litigation when
discussion in open session concerning
those matters would likely and
unavoidably prejudice the position of
the City in litigation. Pending
litigation includes: (1) An adjudicatory
proceeding; (2) there is significant
exposure to litigation against the City.
A closed session may not be held
however, to evaluate independent
contract attorney or law firm to
engage in services or otherwise. (Sec.
67.10 (d).)
(+) Provides additional requirements
regarding reporting of legal action or
settlements. Sec. 2.406 (a) A policy
body shall publicly report any final
action taken in closed session and the
vote or abstention of every member
present thereon, as follows: 1)
Litigation: Direction or approval given
to the policy body’s legal counsel to
prosecute, defend or seek or refrain
from seeking appellate review or
relief, or to otherwise enter as a
party, intervener or amicus curiae in
any form of litigation as the result of
a consultation under govt. code
54956.9 shall be reported in open
session as soon as given, or at the
first meeting after the adverse parties
have been served if, in the opinion of
legal counsel, earlier disclosure would
jeopardize the county’s ability to
effectuate service of process or
(=) Same as Brown Act
(2-91.10c,d,e)
to conclude existing settlement
negotiations to its advantage.
Closed Session
Attachment 3: Policy Subcommittee Tables Page 5
Brown Act Santa Rosa Oakland San Francisco Contra Costa Alameda Labor Negotiations A body may meet in closed session
with its negotiator to consider labor
negotiations with represented and
unrepresented employees. Issues
related to budgets and available
funds may be considered in closed
session, although final decisions
concerning salaries of unrepresented
employees must be made public.
(Cal. Gov. Code Sec. 54957.6.)
(=) Same as Brown Act (=) Sec. 2.20.120 (D) incorporates Cal.
Gov. Code Sec. 54957.6 by reference.
(=) To meet with the City’s designated
representatives regarding collective
bargaining or meeting with public
employee organizations when a
policy body has authority over such
matters. (Sec. 67.10(e).)
(+) Provides additional wording
regarding reporting of closed
sessions. Sec. 2.406 (a): After a closed
session, a policy body may in its
discretion and in the public interest,
disclose to the public any portion of
its discussion the disclose of which is
not prohibited by federal or state
law. The body shall, by motion and
vote in open session, elect either to
disclose no information or to disclose
the information which a majority
deems to be in the public interest.
(=) Same as Brown Act
(2-91.10h)
Real Property
Negotiations
A body may meet in closed session
with its negotiator to consider price
and terms of payment in connection
with the purchase, sale, exchange or
lease of real property. (Cal. Gov. Code
Sec. 54957.8.)
(=) Same as Brown Act (=) Sec. 2.20.120 (D) incorporates Cal.
Gov. Code Sec. 54957.8 by reference.
(=) A body may meet in closed
session with its negotiator to consider
price and terms of payment in
connection with the purchase, sale,
exchange or lease of real property.
(Sec. 67.8(a)(2), citing Cal. Gov. Code
Sec. 54957.8.)
(+) Provides additional wording
regarding disclosure Sec, 2.406 (1) :
Real Property Negotiations: Direction
or approval given to the policy body’s
negotiator concerning real estate
negotiations pursuant to GC 54956.8
shall be reported as soon as the
agreement is final. If its own approval
renders the agreement final, the
policy body shall report that
approval, the substance of the
agreement and the vote thereon in
open session immediately. If the final
approval rests with the other party to
the negotiations, the county shall
disclose the fact of that approval, the
substance of the agreement and the
policy body’s vote or votes thereon
upon inquiry by any person, as soon
as the other party or its agent has
informed the county of its approval.
(=/+) Same as Brown Act
(2-91.10b) With an applicant and
applicant’s attorney, if any, when a
policy body determines it is necessary
to discuss and determine whether an
applicant for a license or license
renewal, who has a criminal record,
insufficiently rehabilitated to obtain
the license, and consistent with the
requirements of Gov Code Sec.
54956.7
(2-91.10a)
Closed Session
Attachment 3: Policy Subcommittee Tables Page 6
Brown Act Santa Rosa Oakland San Francisco Contra Costa Alameda Public Testimony On agenda items before or during
consideration. Time must be set aside
for public to comment on any other
matters under the body’s jurisdiction.
(=/+) Public Comment on non-agenda
items: Prior to 1st public hearing at
5:00 pm if time allows otherwise
after all other city business is
completed on any issue. When item
is taken up on the Agenda. Time limit
set by mayor. Currently 3 minutes
(+) Prohibits limitations on public
criticism. Provides specific time
limitations and presiding officer’s
discretion in enforcing time
limitations. Must provide time for
public comment on any matter within
body’s jurisdiction. Presiding officer
may request speakers representing
similar views to designate a
spokesperson in the interest of time.
Minimum of two minutes per person
per agenda items. No local body shall
abridge or prohibit public criticism.
(Sec. 2.20.150.)
(+) Prohibits limitations on public
criticism. Provides specific time
limitations and presiding officer’s
discretion in enforcing time
limitations. Must provide time for
public comment on any matter within
body’s jurisdiction. Minimum of three
minutes per person per agenda
items. No local body shall abridge or
prohibit public criticism. (Sec. 67.15.)
(+) Public comment must be allowed
on each agenda item and during a
general comment period. Sec. 2.205
(B)
(=/+) Public to directly address a
policy body on items of interest to
the public that are within the policy
body’s jurisdiction providing that no
action shall be taken on any item not
appearing on the agenda unless the
action is otherwise authorized by
section 2-91.5e. The agenda shall
provide 15 minutes for this use. The
agenda does not have to provide time
if an item was considered by a
subcommittee made up of council
members only at a public meeting
unless the item has been
substantially changed since the
subcommittee heard the item. The
council will determine whether the
item has been changed. If the
number of speakers exceeds the 15
minute period under public comment
additional time will be made
available at the end of the meeting.
When more speakers than can be
accommodated
within 15 minutes the Clerks office
will randomly select the order in
which speakers will be chosen to
speak at the beginning of the
meeting. Regular and special meeting
agenda to provide opportunity to
address council before they take
action. Public comment on closed
session items shall be taken before
closed session is convened. Presiding
official may request speakers
representing similar views to
designate a spokesperson in the
interest of time.
Public Rights
Attachment 3: Policy Subcommittee Tables Page 7
Brown Act Santa Rosa Oakland San Francisco Contra Costa Alameda Non-Discriminatory
Facilities
Meetings may not be conducted in a
facility that excludes persons on the
basis of their race, religion, color,
national origin, ancestry or sex or that
is inaccessible to disabled persons or
where members of the public may
not be present without making a
payment or purchase.
(=) Same as Brown Act Agenda
provides contact information if
accommodation is needed. All
Council, PC and BPU meetings are
closed captioned on cable broadcast
and on archived video on website.
(=) Meeting may not be held in any
location that is inaccessible to
persons with physical disabilities, or
where members of the public may
not be present without making a
payment or purchase. (Sec.
2.20.140(A).)
(+) Provides additional accessibility
options for the hearing impaired and
whose English-speaking abilities are
limited. No local body shall conduct a
meeting that excludes persons on the
basis of actual or presumed class
identity or characteristics, or which is
inaccessible to persons with physical
disabilities. Sign language
interpreters or note takers should be
provided at each meeting, provided
that a request is received at least 48-
hours before a meeting. Translators
may be provided where translation is
necessary to enable city residents
with limited English proficiency to
participate. (Sec. 67.13.)
(+) No policy body shall conduct any
meeting, conference or other
function in any facility that excludes
persons on the basis of actual or
presumed class identity or
characteristics, or which is
inaccessible to persons with physical
disabilities, or where members of the
public may not be present without
making a payment or purchase.
(Sec. 2.602
(=/+) Provide sign language
interpreters or note takers provided
that a request to the clerk at least 48
hours before the meeting. Monday
meeting deadline is 4:00 pm of the
last business day of the preceding
week. Chemical sensitivity statement
on each agenda. Translators for
non/limited English speaking citizens
when requested 48 hours in advance.
For Monday and Tuesday request
made by noon on last business day of
preceding week. Meeting can
proceed w/o one. Meetings to
adjourn no later than 11:00 pm
unless extend by majority vote.
(2-91.13a-f)
Copy of Recording Public may obtain a copy, at cost, of an existing tape recording made by
the legislative body of its public
sessions and to listen to or view the
body's original tape on a tape
recorder or viewing device provided
by the agency.
(=/+) Video retained 2 years on DVD
Archived Meeting content on
website:7 years meeting videos, 11
years of agenda packets, 16 years of
resolutions, ordinances and minutes
Paperless agenda packet.
(=) Every meeting must be recorded.
The video tape must be available for
copying and inspection without
charge on player or computer
provided by the local body. Sec.
2.20160(B).)
(=) Every meeting must be recorded.
The video tape must be available for
copying and inspection without
charge on player or computer
provided by the local body. (Sec.
67.14(b).)
(=) No substantial change from Brown
Act.
(=/+) No cost for recording (2-91.14b)
Available 72 hours after the meeting
on website. Digitally archived for a
period of 10 years. (2-91.14c)
Public Vote All votes, except for those cast in
permissible closed session, must be
cast in public. No secret ballots,
whether preliminary or final, are
permitted.
(=) Same as Brown Act Council
Chamber voting system publicly
displays how each member voted.
(=) Immediately following the closed
session a local body shall publicly
report any action taken in closed
session and the vote or abstention of
every member present thereon. (Sec.
2.20.130.)
(=) A policy body shall publicly report
any action taken in closed session
and the vote or abstention of every
member present thereon. (Sec.
67.12.)
(=) No substantial change from Brown
Act
(=)
Same as Brown Act
Public Rights
Attachment 3: Policy Subcommittee Tables Page 8
Brown Act Santa Rosa Oakland San Francisco Contra Costa Alameda Closed Meeting
Actions
At an open session following a closed
session, the body must report on final
action taken in closed session under
specified circumstances. Where final
action is taken with respect to
contracts, settlement agreements
and other specified records, the
public may receive copies of such
records upon request.
(=) Same as Brown Act (=) Public has right to comment on any closed session item before closed
session convenes. (Sec. 2.20.110(D).)
Local body must disclose action taken
with respect to real property
negotiations, litigation and
settlements. (Sec. 2.20.130(B).) Local
body must state prior to the closed
session the statutory authority and
reason for the closed session. (Sec.
2.20.110(A).)
(=) Prior to the closed session, policy
body must state reason for closed
session and specific statutory
authority for it. (Sec. 67.11.) Must
report action taken at conclusion of
closed session related to real
property negotiations, litigation,
settlements, employee actions, and
collective bargaining. (Sec. 67.12(b).)
(=) No substantial change from Brown
Act.
(=/+) At policy body’s discretion and
in the public interest may disclose
any portion that is not confidential
under federal or state law, the
charter or non-waivable privilege.
Made by presiding officer or designee
present in closed session. (2-91.12a)
Shall publicly report any action taken
and the vote or abstention of every
member present based on criteria
outlined in 2-91.12b 1-4. Reports
required to made immediately with
supporting documents provided to
any person who has made a written
request or who has a standing
request. (2-91.12c) Summary posted
at the close of business on the next
business day (2-91.12d) City
Attorney shall prepare and present
on consent calendar a list of
documents which have been
determined to be public after
previously being determined to be
unavailable to the public. Presented
at least semi-annually and available
on the website. (2-91.13e)
Taping or
Broadcasting
Meetings may be broadcast, audio-
recorded or video-recorded so long
as the activity does not constitute a
disruption of the proceeding.
(=) Same as Brown Act (=) Any person may record,
photograph or broadcast a meeting
unless the activity constitutes a
persistent disruption (Sec.
2.20.140(B).)
(=) Any person may record,
photograph or broadcast a meeting
unless the activity constitutes a
persistent disruption. (Sec. 67.14(a).)
(=) Not addressed. (=) Same as Brown act (2-91.14a)
Conditions to
Attendance
Public may not be asked to register or
identify themselves or to pay fees in
order to attend public meetings.
(=) Same as Brown Act Speaker card
indicates that completion and
submission is voluntary.
(=) Public may not be asked to pay
fees in order to attend meetings.
(Sec. 2.20.140.) All other gaps in
Oakland Sunshine Ordinance are
filled-in by the Brown Act (Sec.
2.20.010(C).)
(=) Public may not be asked to pay
fees in order to attend meetings.
(Sec. 67.13(a).) All other gaps filled in
by the Brown Act (Sect. 67.5.)
(=) See non-discriminatory Facilities (=) Same as Brown act (2-91.14a) Public Rights
Attachment 3: Policy Subcommittee Tables Page 9
Brown Act Santa Rosa Oakland San Francisco Contra Costa Alameda Public Records Materials provided to a majority of a
body which are not exempt from
disclosure under the Public Records
Act must be provided, upon request,
to members of the public without
delay.
(=/+) All Agenda material for public
inspection in public binder in CMO
and available for download 24/7 at
no charge from website. Materials
provided to majority of body prior to
meeting are provided simultaneously
to public for inspection in public
binder and website (time permitting).
Provided to the public immediately
upon
Request when possible; otherwise
provided without delay and in
compliance with PRA
(+/=¬) Clarifies public disclosure
requirements for materials provided
to the majority of a body. Request to
inspect or copy public records must
be responded to within three days. If
additional time is required, that must
communicated to the requesting
individuals in no event shall it take
longer than 14 days after the
extension is communicated. Sec.
2.20.030(A) & (B).
(=) Agendas and documents
distributed to members of a policy
body must be made available as soon
as possible. (Sec. 67.9(a).)
(+) Additional wording to expand on
CPRA 25- 4.608: Justification of
withholding:
b) No records or information shall be
withheld on the basis of the public
interest balancing test in Govt. Code
Sect 6255, Or by citing any case law
application of that statute.
c) A withholding on the basis that
disclosure is prohibited by law shall
cite the statutory
authority of the Publics Record Act or
elsewhere:
(=/+) Records subject to disclosure
shall be made available to public.
Except for exempt material. May
charge direct cost for a copy. No
charge for digital versions. (2-91.9a-
e)
Public Rights
Attachment 3: Policy Subcommittee Tables Page 10
Attachment 4: Supplemental Information Report Page 1
Attachment 4
Supplemental Information
Presentations:
Open Meeting and Due Process Presentation: Santa Rosa City Clerk and City Attorney (April 17, 2014) http://srcity.org/doclib/agendas_packets_minutes/Documents/3.%20Brown%20Act%20%20Du e%20Process%20Presentation2.pdf
David Vossbrink, City of San Jose Communications Director (July 17, 2014) Open Government webpage:
http://www.sanjoseca.gov/index.aspx?NID=220
Sunshine Reform Task Force:
http://www3.sanjoseca.gov/clerk/TaskForce/SRTF/SunshineOrdinances.asp Draft Open Government Ordinance:
https://www.piersystem.com/external/content/document/1914/2195554/1/06-30- 14CLERK.pdf
San Jose Media Policy:
http://www.sanjoseca.gov/DocumentCenter/View/16106
Presentation Notes from July 17, 2014:
http://srcity.org/doclib/agendas_packets_minutes/Documents/20140717%20OGTF%20Notes% 20of%20Guest%20Speaker%20Vossbrink.pdf
Matt Leighninger: Community Engagement (September 25, 2014) Planning for Stronger Local Democracy:
http://www.nlc.org/find-city-solutions/city-solutions-and-applied-research/governance-and- civic-engagement/democratic-governance-and-civic-engagement/planning-for-stronger-local- democracy
PowerPoint Presentation:
http://www.slideshare.net/mattleighninger
Community Meeting Notes:
Task Force Brainstorming Meeting: May 15, 2014
http://srcity.org/doclib/agendas_packets_minutes/Documents/May%2015%20Categories%20fr om%20Breakout%20BRAINSTORMING%20DRAFT%20(1).pdf
Public Forum Brainstorming Meeting: May 27, 2014
http://srcity.org/doclib/agendas_packets_minutes/Documents/May%2027%20Categorization% 20from%20Public%20Forum%20DRAFT.pdf
Attachment 4: Supplemental Information Report Page 2
Public Forum Notes: September 29, 2014
Community Engagement Subcommittee
http://srcity.org/doclib/Documents/Engagement%20Subcommittee%20Public%20Forum%20N otes%20092914.pdf
Policy Subcommittee
http://srcity.org/doclib/Documents/Policy%20Subcommittee%20Notes%20092914.pdf
Resource Information:
ABC’s of Open Government Laws (Institute for Local Government) http://ci.santa-
rosa.ca.us/doclib/agendas_packets_minutes/Documents/1.%20ilg_abc_br_2010_web_no_wat er_mark.pdf
California Newspaper Publisher Association
http://www.cnpa.com/legislative_and_legal/legislative_bulletin/public_records/
City and County of San Francisco - Sunshine Ordinance (Section 67) http://www.sfbos.org/index.aspx?page=4463
City of Alameda - Sunshine Ordinance (Chapter II – Article VIII) https://library.municode.com/index.aspx?clientId=16753&stateId=5&stateName=California
City of Oakland – Sunshine Ordinance (Article II)
https://library.municode.com/HTML/16308/level3/TIT2ADPE_CH2.20PUMEPURE_ARTIIPUACM E.html
City of Portland, Oregon – Community Connect Final Report https://www.portlandoregon.gov/oni/article/182408
City of Santa Rosa Policies and Ordinances
City Council Manual of Procedures and Protocols
http://ci.santa-
rosa.ca.us/doclib/agendas_packets_minutes/Documents/5.%20Manual%20of%20Procedures% 20and%20Protocols.pdf
Policy No. 000-35 – Early Agenda Policy
http://ci.santa-
rosa.ca.us/doclib/agendas_packets_minutes/Documents/4.%20Council%20Policy%20000-
35.pdf
Policy No. 000-23 – Procedure for Filling Council Vacancies (Provided to Policy Subcommittee) http://cityweb.srcity.org/departments/citymanager/Council/City%20Council%20Policy%20Libra ry/Council%20Vacancies,%20Procedure%20for%20Filling%20(000-23).pdf
Attachment 4: Supplemental Information Report Page 3
Ordinance No. 3954 – Lobbying
http://srcity.org/doclib/agendas_packets_minutes/Documents/Ord.%203954%20Regulating%2 0Lobbying%20Activities.pdf
Community Engagement Program: DINE V Feedback
http://srcity.org/doclib/Documents/DINE%20V.pdf
Contra Costa County – Better Government Ordinance (Chapter 25) https://library.municode.com/index.aspx?clientId=16286
First Amendment Coalition
Sunshine Ordinances
http://firstamendmentcoalition.org/public-records-2/california-sunshine-ordinances/ Open Meetings
http://firstamendmentcoalition.org/open-meetings-3/
Getting the Most Out of Public Hearings: An Idea Inventory (Institute for Local Government) http://srcity.org/doclib/agendas_packets_minutes/Documents/ILG%20Getting%20The%20Mos t%20of%20Public%20Hearings.pdf
Open and Public IV: A Guide to the Ralph M. Brown Act (League of California Cities) http://www.cacities.org/Resources-Documents/Resources-Section/Open- Government/OpenPublic2010.aspx
9/2013 Supplement
http://www.cacities.org/Resources-Documents/Member-Engagement/Professional- Departments/City-Attorneys/Publications/OP-IV-Supplement_Final_2013-09-16.aspx
Public Engagement (Institute for Local Government)
http://www.ca-ilg.org/public-engagement
Sonoma County and Community Engagement
http://www.sonoma-county.org/health/community/
Best Practices in Action: Strategies for Engaging Latinos, Seniors and Low -income Residents of Sonoma County
http://www.sonoma-county.org/health/community/pdf/report.pdf
The People’s Business: A Guide to the California Public Records Act (League of California Cities) http://www.cacities.org/Resources/Open-Government/THE-PEOPLE%E2%80%99S-BUSINESS-A- Guide-to-the-California-Pu.aspx
8/2011 Supplement
http://www.cacities.org/Resources/Open-Government/The-People-s-Business_August-2011- Supplement.aspx
Attachment 4: Supplemental Information Report Page 4
Transparency, Sunshine and Public Engagement Presentation (City Clerks Association of California) http://srcity.org/doclib/agendas_packets_minutes/Documents/Presentation%20for%20August %207.pdf
Understanding the Basics of Public Service Ethics Laws (Institute for Local Government) http://ci.santa-
rosa.ca.us/doclib/agendas_packets_minutes/Documents/2.%20understandingbasicsethicslaws _finalproof_0.pdf
Newspaper Articles:
March 21, 2014: PD Editorial: The need for a Santa Rosa sunshine law http://www.pressdemocrat.com/news/1859604-181/pd-editorial-the-need-for
April 2, 2014: Santa Rosa open-government task force meets Thursday http://www.pressdemocrat.com/news/1793406-181/santa-rosa-open-government-task-force
May 26, 2014: Santa Rosa open government task force hosts public forum http://www.pressdemocrat.com/news/1863517-181/santa-rosa-open-government-task
September 27, 2014: Santa Rosa hosts open government forum Monday http://www.pressdemocrat.com/news/2891207-181/santa-rosa-hosts-open-government
October 6, 2014: Government Wilting from Too Much Sunshine http://www.pressdemocrat.com/opinion/2919637-181/government-wilting-from-too-much
October 15, 2014: PD Editorial: Open forum on Santa Rosa council openness http://www.pressdemocrat.com/opinion/editorials/2974961-182/pd-editorial-open-forum-on
October 19, 2014: Close to Home: Changed by Andy Lopez tragedy http://www.pressdemocrat.com/opinion/closetohome/2988840-184/close-to-home-changed-by
Correspondence:
In the months that the Task Force met, we received a number of correspondence from residents and have combined them all into one document viewable at:
http://srcity.org/doclib/Documents/All%20Public%20Emails%20in%20one%20File.pdf