COUNCIL POLICY MANUAL
CITY OF STOCKTON, CALIFORNIA
TITLE
TITLE 1 - INTRODUCTION
Chapter 1.01 - Role and Development of Council Policy
TITLE 2 -ADMINISTRATION AND GENERAL
Chapter 2.01 - Proclamations, Gifts, Awards
Chapter 2.02 - Conflict of Interest for City Officials
Chapter 2.03 - Code of Ethics for City Officials
Chapter 2.04 – City Council Travel and Expenses
Chapter 2.05 - Voting Delegation
Chapter 2.06 - City Council Communication Guidelines
TITLE 3 - GOVERNANCE
Chapter 3.01 - Ordinances, Resolutions, Motions & Contracts Chapter 3.02 - City Council And Mayoral Appointments to Committees, Boards, And Commissions
3.02.010 - Attendance Policy For Appointees To Committees, Boards, And Commission
3.02.020 - Removal Of Members From Committees, Boards, And Commissions Chapter 3.03 - Role of City Council
Chapter 3.04 - City Council Committees, Boards, and Commissions
3.04.050 – Council Audit Committee Charter
3.04.060 - Measure W Oversight Committee
3.04.070 – Measure A Citizens Advisory Committee
3.04.080 – Measure M Strong Communities Oversight Committee and Allocating Positions to the Community Services Department
Chapter 3.05 - Orientation of New Members
Chapter 3.06 - Orientation of New Commissioners
TITLE 4 MEETINGS AND HEARINGS
Chapter 4.01 – City Council Meetings
4.01.010 – City Council Meetings - Agendas
4.01.020 – City Council Meetings - Schedule and Location
4.01.030 – City Council Meetings - Closed Sessions
ATTACHMENT B
4.01.040 – City Council Hearings - Land Use
Chapter 4.02 - Roles and Rules
Chapter 4.03 - Decorum
TITLE 5 FIANCIAL MANAGEMENT
Chapter 5.01 – Reserve Policy
Chapter 5.02 – Interfund Loan Policy
Chapter 5.03 Investment Policy
Chapter 5.04 – Debt Management
Chapter 5.05 – District Formation and Financing
Chapter 5.06 Debt Forgiveness Policy
Chapter 5.10 Mayor & Council Discretionary Funding
ATTACHMENT B
SUBJECT: CITY COUNCIL, POLICY,
RESOLUTION
NUMBER: Title 1, Chapter 1.01
ADOPTED DATE:
8/29/77
RESOLUTION NUMBER:
34,456
LAST AMENDED:
1/26/16
RESOLUTION NUMBER:
2016-01-26-1203
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
City Clerk
POLICY
1) As the legislative body of the City of Stockton, the City Council is charged with the responsibility of establishing policies to guide the various municipal functions of the City and, where necessary, to establish procedures by which functions are performed. Regulatory policies established by the City Council usually are adopted by ordinance and included in the Municipal Code. However, other policies also are established which by their nature do not require adoption by ordinance. These policy statements adopted by resolution of the City Council need to be consolidated in a reference document for easy access.
2) The Council Polic
y Manual will contain all City policy statements adopted by resolution of the City Council.
3) It is the purpos
e of this policy to:
i) Clearly state and compile policies of the City Council not covered by ordinance; ii) Provide for the distribution of these policies to all concerned; and iii) Establish procedures for the preparation, distribution, and maintenance of Council policies and the Council Policy Manual.
4) Generally, polic
y statements in this Council Policy Manual will incorporate only such municipal matters by which the responsibility of decision is vested in the City Council by virtue of the City Charter, the Municipal Code, or specific ordinances and resolutions. 5) All policy st
atements of the City Council shall be prepared in writing and approved by resolution.
Once approved, statements of policy will be reproduced, distributed, and included in the Council Policy Manual accompanied by resolution number and date of adoption.
ROLE AND DEVELOPMENT OF COUNCIL POLICY CHAPTER 1.01
ATTACHMENT B
6) To waive a provision of a Council policy requires five votes of the City Council. 7) Each policy s
tatement shall include: a) a brief background description of the problem, b) the purpose of the policy, c) the policy statements, and d) other criteria or procedural sections as required. 8) The City M
anager shall be responsible for the preparation and continuing maintenance, of the Council Policy Manual.
9) Copies of t
he Council Policy Manual shall be distributed to each Councilmember, each department head, the City Manager, the City Attorney, and filed with the City Clerk, and to each of their representatives as they may direct.
10) Copies of t
he Council Policy Manual shall be available to the general public at a cost established by resolution of the City Council.
PROCEDURES
1) City Councilmembers, or Council Committees, the City Manager, the City Attorney, City Clerk, department heads, or City Boards and Commissions may originate draft policy proposals for formal consideration by the City Council.
2) Requests f
or proposed Council policies and amendments to existing policies shall be referred to the City Manager. It shall be the responsibility of the City Manager to prepare a draft of each proposed policy statement and to assign tentative and final policy numbers and titles to the drafts. Once completed, the City Manager shall refer the draft of the proposed policy statement to the City Council.
Such drafts may be referred by the City Council to a Council Committee for discussion, analysis, and recommendation.
3) Before pres
entation to the City Council for adoption, the draft policy shall be delivered to the City Attorney for preparation of a resolution for consideration by the City Council. 4) After off
icial adoption by the City Council, the City Clerk shall be responsible for duplication and distribution of the statement of policy.
5) The City C
lerk shall update the Table of Contents and Cross Reference in the Council Policy Manual as required.
ATTACHMENT B
RESPONSIBILITIES
City Manager
Prepare and maintain the Council Policy Manual
City Clerk
Update and maintain the Council Policy Manual
RELEVANT AUTHORITY
City Charter Sections 400, 500 & 504; Stockton Municipal Code 2.04.010
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE None applicable
RELATED FORMS, DOCUMENTS, OR LINKS
None applicable
FREQUENTLY ASKED QUESTIONS
None applicable
UPDATE HISTORY
8/29/77 – Adopted by Resolution 34,456
2/6/84 - Amended by Resolution No. 40,379
4/23/90 - Amended by Resolution No. 90-0253
ATTACHMENT B
SUBJECT: PROCLAMATION, CERTIFICATE,
PLAQUE, GIFT, AWARD
NUMBER: Title 2, Chapter 2.01
ADOPTED DATE:
3/23/87
RESOLUTION NUMBER:
87-0173
LAST AMENDED:
1/26/16
RESOLUTION NUMBER:
2016-01-26-1203
COUNCIL POLICY CONTACT:
Mayor
CITY DEPARTMENT CONTACT:
City Manager
POLICY
1) The City of Stockton shall proclaim certain periods of time and recognize individuals and/or organizations for their outstanding performance. The City shall adhere to the policy set forth below to respond to numerous requests received by the Mayor and City Council for the issuance of Proclamations, Gifts, and Awards.
2) Requests f
or proclamations, certificates or plaques from City Councilmembers, City Departments, residents, and local organizations must be submitted to the Mayor’s Office or City Manager’s Office as appropriate by at least two weeks in advance of the time period for which they seek recognition.
Requests should specify:
i) Reason why recognition should be granted; and
ii) Historical information that will assist the Mayor, City Council or City Manager in arriving at a decision.
3) Requests f
or plaques, gifts or awards, to visiting officials/dignitaries, elected officials, individuals or organizations (except to City employees), shall be approved by the Mayor or City Council. In the event a decision is unfavorable, the person requesting will be afforded an appeal process before a Review Panel consisting of the Mayor, Chairperson of the Legislation/Environmental Committee and a Councilmember as designated by the Mayor.
Requests f
or plaques, gifts or awards to City employees shall be approved by the City Manager.
Notwithstanding any other provisions of this policy, Councilmembers upon leaving office at the conclusion of their terms, shall be allowed to select as a recognition award, one of the items of the Councilmember’s choice from among the full range of items above (Procedure #8), available to the longest serving City employee.
PROCLAMATIONS , GIFTS, AWARDS CHAPTER 2.01
ATTACHMENT B
PROCEDURES
1) The Mayor or Mayor’s designee will either present the Proclamation or Certificate at the City Council meeting or at a special occasion as requested. Copies of all Proclamations will be provided to the Mayor, City Council, News Media, City Clerk, City Attorney, and City Manager. A summary sheet outlining the particulars of the event will be given to the Mayor and/or Mayor’s designee when Proclamations or Certificates are presented at a function.
Proclamations
2) A proclamation is an official decree awarded to local residents, organizations, dignitaries, members of the Council, and Boards/Commissions for special service to the City of Stockton. 3) All
requests for proclamations are subject to approval of the Mayor. 4) Should t
he Mayor’s decision be unfavorable on City Council requests, a panel of three City Councilmembers consisting of the Mayor, Chairperson of the Legislation/Environmental Committee and Councilmember making the request shall review the Mayor’s decision.
Certificates
5) Certifications of Appreciation or Recognition are awarded at the discretion of the Mayor and/or City Council to honor City employees or other individuals for special services rendered to the City of Stockton.
6) All
requests for certificates shall be approved by the Mayor or City Council. In the event a decision is unfavorable, the person requesting will be afforded an appeal process before a Review Panel consisting of the Mayor, Chairperson of the Legislation/Environmental Committee and a Councilmember as designated by the Mayor.
Plaques, Gifts, or Awards
7) Plaques , gifts or awards are awarded at the discretion of the Mayor or City Council to visiting officials/dignitaries, elected officials, individuals or organizations, or at the discretion of the City Manager to current or retiring City employees to commemorate an event or outstanding accomplishment/contribution.
8) Gift
s or Awards shall consist of the following or comparable items listed below:
i) Key to the City;
ii) Wooden pen/pencil set;
iii) Gift packs symbolic of the City of Stockton/County of San Joaquin;
ATTACHMENT B
iv) City of Stockton stick/lapel pin;
v) City of Stockton pens/pencils;
vi) Hardcover book - “Stockton-Heart of the Valley”;
vii) Key ring with City seal;
viii) Plaques;
ix) City retirement/distinguished service program awards/gifts; x) Other awards or gifts of comparable distinction as approved by the appropriate official pursuant to Policy #3 above.
RESPONSIBILITIES
Mayor
• Review requests for proclamations as well as review requests for certificates, plaques, gifts or awards
• Participate in the appeal process for unfavorable decisions to these requests • Present or designate another individual to present Proclamations or Certificates at the City Council meeting or at a special occasion as requested
City Council
• Review requests for certificates and requests for plaques, gifts or awards except to City employees • Participate in the appeal process for unfavorable decisions to requests of certificates, plaques, gifts or awards as designated by the Mayor
City Manager
• Review requests for plaques, gifts or awards to City employees
RELEVANT AUTHORITY
None applicable
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE None applicable
RELATED FORMS, DOCUMENTS, OR LINKS
None applicable
ATTACHMENT B
FREQUENTLY ASKED QUESTIONS
None applicable
UPDATE HISTORY
3/23/87 - Adopted by Resolution No. 87-0173
9/26/88
- Amended by Resolution No. 88-0637
12/12/94 - Rescinded previous policy and adopted new policy by Resolution No. 94-0598
ATTACHMENT B
SUBJECT: CONFLICT; INTEREST; COUNCIL;
BOARD; COMMITTEE; COMMISSION
NUMBER: Title 2, Chapter 2.02
ADOPTED DATE:
June 30, 1980
RESOLUTION NUMBER:
37, 414
LAST AMENDED:
1/26/16
RESOLUTION NUMBER:
2016-01-26-1203
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
City Clerk
POLICY
1) Members of Stockton City Council are subject to the City’s Conflict of Interest Code adopted and amended by City Resolution.
2) Members of Boards, Commissions and Committees of the City of Stockton are subject to the City’s Conflict of Interest Code adopted and amended by City Resolution. 3) The City Clerk is authorized by Government Code section 91013 as the Filing Official for the City of Stockton.
RESPONSIBILITIES
City Council Members and Members of Boards, Commissions, and Committees Comply with the City’s Conflict of Interest Code
RELEVANT AUTHORITY
California Code of Regulations, Title 2, Section 18000, et seq. and Section 18730 Political Reform Act, Government Code section 81000, et seq. and Section 91013 City of Stockton, Resolution No. 2014-09-09-1201
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE Administrative Directive 11.02, 11.03
RELATED FORMS, DOCUMENTS, OR LINKS
Statement of Economic Interest Form 700
CITY COUNCIL CONFLICT OF INTEREST CODE C HAPTER 2.02
ATTACHMENT B
FREQUENTLY ASKED QUESTIONS
Not applicable
UPDATE HISTORY
Conflict of Interest Code updated biannually as required by California Code of Regulations 9/9/14 - Amended
by Resolution No. 2014-09-09-1201
ATTACHMENT B
SUBJECT: ETHICS, TRAINING NUMBER: Title 2, Chapter 2.03 ADOPTED DATE:
10/31/77
RESOLUTION NUMBER:
34,620
LAST AMENDED:
1/26/16
RESOLUTION NUMBER:
2016-01-26-1203
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
City Clerk
POLICY
1) State law (commonly known as AB 1234) requires mandatory ethical training on all elected local officials and those Commissions eligible to receive a stipend or reimbursement. 2) Each Commissioner to which this Article applies must receive two hours training in ethics within the first year of his/her appointment and, thereafter, must receive two hours of ethics training every two years.
3) The City will endeavor to provide this training live, and Commissioners are strongly encouraged to attend the live training in order to have interaction with, and to ask questions of, the presenter. The training may, however, also be taken online.
4) Failure to meet this training requirement within the applicable timeframe is cause for removal.
RESPONSIBILITIES
Locally elected officials
Attend required ethics training or take training online Commissioners eligible for a stipend
Attend required ethics training or take training online
RELEVANT AUTHORITY
Assembly Bill No. 1234, AB 1234
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE None applicable
CODE OF ETHICS FOR EL ECTED OFFICIALS CHAPTER 2.03
AND COMMISSIONERS
ATTACHMENT B
RELATED FORMS, DOCUMENTS, OR LINKS
California Office of the Attorney General- Free online ethics training courses http://oag.ca.gov/ethics
FREQUENTLY ASKED QUESTIONS
None applicable
UPDATE HISTORY
10/31/77 - Adopted Resolution No. 34,620
2/6/84 - Amended by Resolution No. 40-380
8/25/86 - Amended by Resolution No.86-0549
11/7/88 - Amended by Resolution No. 88-0696
1/3/89 - Amended by Resolution No. 89-0017
3/19/90 - Amended by Resolution No. 90-0174
4/1/91 - Amended by Resolution No. 91-0211
5/28/91 - Amended by Resolution No. 91-0390
2/22/93 - Amended by Resolution No. 93-0070
10/10/95 - Amended by Resolution No. 95-0490
6/10/96 - Amended by Resolution No. 96-0303
5/01/07 - Amended by Resolution No. 07-0172
8/24/10 - Amended by Resolution No.10-0271
6/28/11 - Amended by Resolution No.11-0175
12/13/11 - Repealed and replaced by Resolution No. 11-0332 10/09/12 - Amended by Resolution No. 2012-10-09-1203
ATTACHMENT B
SUBJECT: TRAVEL, EXPENSES, REIMBURSE NUMBER: Title 2, Chapter 2.04 ADOPTED DATE:
8/19/85
RESOLUTION NUMBER:
85-0544
LAST AMENDED:
1/26/16
RESOLUTION NUMBER:
2016-01-26-1203
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
City Manager
POLICY
1) The City hereby expressly acknowledges its responsibility to wisely administer limited public re- sources and to expend them only when there will be a substantial benefit to the City and its residents. To conserve City resources and keep expenses within community standards for public officials, expenditures shall adhere to the rules and guidelines set forth in this policy and shall govern reimbursement to City Councilmembers for actual and necessary expenses incurred in the performance of official duties.
2) If ex
penses are incurred that exceed these guidelines, the cost reimbursed by the City shall be limited to the expenses that fall within the guidelines. 3) This
policy shall apply when City Councilmembers act in their official capacity as members of the Council. This policy conforms to the requirements of California Government Code sections 53232 through 53232.4 to the extent that such requirements are applicable to charter cities under the California Constitution.
4) For pur
poses of this policy, the following definitions shall apply:
i) “City” means the City of Stockton.
ii) “Councilmember” means each member of the City Council and the Mayor or a member of any other entity or body duly created by the Stockton City Council. iii) A “local” conference, meeting, educational seminar, event, or activity means one that occurs within a 50-mile radius of the City of Stockton.
iv) A “non-local” conference, meeting, educational seminar, event or activity means one that occurs beyond a 50-mile radius of the City of Stockton.
CITY COUNCIL TRAVEL AND EX PENSES CHAPTER 2.04
ATTACHMENT B
5) City Councilmembers, as defined above, shall adhere to the City’s Administrative Directive and Citywide Policies and Procedures with the exceptions below. 6) TRAVEL FORM
S
Council member will sign as traveler
No additional approval from department head will be required 7) AUTHORIZ
ED EXPENSES
i) Expenses incurred by Councilmembers in connection with the following activities or events constitute authorized and reimbursable expenses, provided that the other requirements of this policy are also met:
(1) Communicating or meeting with representatives of regional, state and national government and their various agencies and entities on policy positions adopted by the City; (2) Attending educational seminars designed to improve Councilmembers’ skill and information levels;
(3) Participating in regional, state and national organizations whose activities affect the City’s interests (e.g., League of California Cities, National League of Cities, California Redevelopment Association);
(4) Attending City-sponsored events;
(5) Meeting to implement a strategy approved by the City for attracting businesses to the City or retaining businesses already established in the City.
8) TRANSPORTA
TION
(1) Councilmembers shall travel using government and group rates when available. (2) Except as provided below, travel expenses shall be reimbursed only for days actually spent on City business. Accordingly, allowable expenses generally are those incurred for the days on which conference/event activities are scheduled.
(3) Expenses may be reimbursed for travel days not to exceed one day before and one day after the event only if circumstances prevent travel at reasonable hours on the actual beginning and ending days of a conference. Reasonable hours are defined as between 7:00 a.m. and 11:00 p.m. Reimbursement for more than one day of travel to or from the destination must be approved in advance by the City Council. 9) TELEPHONE
/FAX/CELLULAR/INTERNET
(1) When away from City Hall, Councilmembers shall be entitled to reimbursement for actual telephone and fax expenses incurred in the performance of their duties as Councilmembers.
Telephone records should identify which calls were made on City business. When a Councilmember has a particular number of minutes included in his or her cellular phone
ATTACHMENT B
plan, the Councilmember may identify, for reimbursement, the percentage of calls made on City business.
(2) Councilmembers shall be reimbursed, in an amount not to exceed $15.00 per day, for internet access connection and usage fees incurred on City business while away from City Hall. However, no reimbursement will be allowed unless such internet access is necessary to carry out City business.
10) CASH A
DVANCE REQUIREMENTS
From time to time, it may be necessary for a Councilmember to request a cash advance to cover anticipated expenses while traveling or doing business on the City’s behalf. Request for cash advance maybe made using City of Stockton – Extended Travel Request Form. 11) REPO
RTS TO THE CITY COUNCIL
Councilmembers shall provide a brief report on meetings and conferences they have attended at City expense. The report, which may be oral or written, must be presented at the next regular meeting of the Council following the event. The report may be presented as part of Council Comments or specifically placed on the agenda, as appropriate. If multiple Councilmembers attended the same event, they may make a joint report. Councilmembers should confer with the City Attorney regarding legal issues that may arise under the Brown Act when they prepare and present joint reports.
12) DEADL
INE FOR SUBMITTING EXPENSE REPORTS
Councilmembers must submit their expense reports within 30 days of an expense being incurred. If a Councilmember does not provide the expense report and accompanying receipts and documentation within the specified time, the Councilmember may be personally responsible for the expense.
13) COMP
LIANCE WITH LAWS
Councilmembers should be aware that some expenditures may be subject to reporting under the Political Reform Act and other laws. In addition, all agency expenditures are public records subject to disclosure under the Public Records Act.
14) POLIC
Y VIOLATIONS
Violations of this policy, including falsifying expense reports, may result in any or all of the following:
i) loss of reimbursement privileges;
ii) a demand for restitution to the City;
iii) reporting the expenses to state and federal tax authorities as income to the Councilmember; iv) civil penalties of up to $1,000.00 per day and three times the value of the resources used; and
ATTACHMENT B
v) Criminal prosecution for misuse of public resources.
RESPONSIBILITIES
City Councilmembers
Adhere to the policies outlined above as well as administrative directive and citywide policies and procedures regarding travel and expenses
RELEVANT AUTHORITY
California Government Code sections 53232 through 53232.4
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE Administrative Directive – Travel and Expenses for City Employees and Officials <VIII.K> City Wide Policy – Travel and Expense Policy <VIII.K.a>
RELATED FORMS, DOCUMENTS, OR LINKS
City of Stockton Daily Travel Form
City of Stockton Extended Travel Request Form
FREQUENTLY ASKED QUESTIONS
None applicable
UPDATE HISTORY
8/19/85 - Adopted by Resolution No. 85-0544
6/9/86- Amended by Resolution Nos. 86-0336, 86-0337, 86-0338, 86-0339 9/8/86- Amended by Resolution No. 86-0591
3/23/87- Amended by Resolution Nos.87-0171, 87-0172
4/27/87- Amended by Resolution No.87-0237
11/2/87- Amended by Resolution No.87-0604
7/31/89- Amended by Resolution No. 89-0501
9/11/89- Amended by Resolution No. 89-0598
9/25/89- Amended by Resolution No. 89-0628
1/7/91- Amended by Resolution No. 91-0027
4/22/91- Amended by Resolution No.91-0294
3/1/93- Amended by Resolution No.93-0085
3/13/95-Amended by Resolution No.95-0095
5/16/00- Amended by Resolution No.00-0243
3/27/01- Amended by Resolution No.01-0138
7/17/01- Amended by Resolution No.01-0392
ATTACHMENT B
4/18/06- Amended by Resolution No.06-0205
9/27/11- Amended by Resolution No.11-0273
ATTACHMENT B
SUBJECT: VOTING, DELEGATE, NATIONAL
LEAGUE, CALIFORNIA LEAGUE, CITIES
CONFERENCE
NUMBER: Title 2, Chapter 2.05
ADOPTED DATE:
2/22/82
RESOLUTION NUMBER:
38,888
LAST AMENDED:
1/26/16
RESOLUTION NUMBER:
2016-01-26-1203
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
City Manager
POLICY
1) This policy establishes uniform guidelines for the selection of City representation before the National League of Cities Congress and California League of Cities Conference.
The League’s constitution provides that each city is entitled to one vote in matters affecting municipal or League policy. To be eligible to vote in the General Business Session, each city must designate a Voting Delegate and an Alternate who will be present at the Conference. 2) Each year the M
ayor of the City of Stockton appoints a Voting Delegate and Alternate to attend the National League of Cities Congress and California League of Cities Conference. 3) The delegates par
ticipate in the decision making process by voting in the General Business Session of the League on Conference resolutions. This participation allows Voting Delegates to respond immediately to legislative issues on behalf of the City Council during the General Business Session as well as make recommendations on issues which help to guide cities and the League in improving the quality, responsiveness, and vitality of local government within the State and Nation. 4) TRANSMITT
AL OF LEAGUE RESOLUTIONS TO CITY COUNCIL
The Resolution to be acted upon at both the National League of Cities Congress and the Annual League of California Cities Conference shall be transmitted to the City Council in advance of these conferences for review.
5) DESIGNATI
ON OF VOTING DELEGATE AND ALTERNATE
Concurrently with the submittal of the Resolutions, the Mayor shall present for Council consideration a Resolution designating the Voting Delegate and Alternate.
VOTING DELEGATION CHAPTER 2.05
ATTACHMENT B
The Mayor’s authority to designate the Voting Delegate and Alternate has been specified by the adoption of past Resolutions.
6) RESOLUTIO
NS OF CONCERN TO CITY MANAGER
In the event the Resolutions under consideration contain items of significant concern to the City Manager, these items will be highlighted to so indicate. 7) RESOLUTIO
NS OF CONCERN TO CITY COUNCIL
If any Councilmember has concern over a particular Resolution under consideration, the Councilmember may bring the matter up for discussion and secure direction from the City Council to the Voting Delegate as to how the Delegate shall vote the issue at the conference.
RESPONSIBILITIES
Mayor
Appoint a voting delegate and an alternate to attend the National League of Cities Congress and California League of Cities Conference and present these selections as a Resolution to City Council City Council
Consider Resolution designating voting delegate and alternate
RELEVANT AUTHORITY
None applicable
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE None applicable
RELATED FORMS, DOCUMENTS, OR LINKS
None applicable
FREQUENTLY ASKED QUESTIONS
None applicable
ATTACHMENT B
UPDATE HISTORY
2/22/82 – Adopted by Resolution No. 38, 888
ATTACHMENT B
SUBJECT: COMMUNICATION, MEDIA NUMBER: Title 2, Chapter 2.06 ADOPTED DATE:
9/29/98
RESOLUTION NUMBER:
98-0409
LAST AMENDED:
1/26/16
RESOLUTION NUMBER:
2016-01-26-1203
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
City Manager
POLICY
1) The City has a responsibility to clearly report to the public it serves the actions and conduct of city government in all of its complexity. This policy intends to ensure that relevant information is communicated to the public and that it is timely, accurate, and distributed properly. 2) The Cit
y will use media coverage to generate interest, encourage involvement, increase understanding, and provide a vital link between all citizens and their governments. 3) The Ci
ty will dedicate sufficient staff to initiate and maintain contacts with media representatives, develop and distribute information, plan and implement information campaigns, monitor media reports, and look for opportunities to highlight the positives of our community. 4) City
leaders will be available for interviews, respond promptly to requests for information in order to facilitate effective communication with citizens and to ensure that news reports are timely and accurate.
5) The May
or, Councilmembers, City Manager, and department heads shall make major announcements and respond to questions when the issues or policies are controversial or sensitive. 6) Communi
ty Relations and Public Information staff will help the media gain access to elected officials, employees, and public records.
7) The Ci
ty Manager shall develop and maintain an administrative directive to guide City of Stockton communications.
CITY COUNCIL COMMUNICATION GUIDELI NES C HAPTER 2.06
ATTACHMENT B
RESPONSIBILITIES
Mayor, Councilmembers, City Manager, and Department Heads Make major announcements
Respond to questions regarding controversial or sensitive issues or policies
RELEVANT AUTHORITY
None applicable
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE Administrative Directive – Communications <IV.A> (MAN-23) Administrative Directive – Public Information <IV.C> (TBD) Citywide Policy – Media Contact Reporting <IV.C.a> (MAN-04)
RELATED FORMS, DOCUMENTS, OR LINKS
None applicable
FREQUENTLY ASKED QUESTIONS
None applicable
UPDATE HISTORY
9/29/98 – Adopted by Resolution No.98-0409
ATTACHMENT B
SUBJECT: FLAGS, FLAGPOLES, DISPLAY NUMBER: Title 2, Chapter 2.07 ADOPTED DATE: RESOLUTION NUMBER:
LAST AMENDED:
Not applicable.
RESOLUTION NUMBER:
Not applicable.
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
City Manager
POLICY
1) PURPOSE
The purpose of this policy is to provide procedural guidance for the displays of National, State, and other flags. In adopting this policy, the City Council declares that City of Stockton flagpoles, flagpoles located at City-owned buildings and facilities, are not intended to serve as a forum for free expression of the public.
2) FLAGS
i) United States Flag and State of California Flag. The United States Flag and the State of California Flag shall be displayed in accordance with Federal and State law, including Title 4 and Title 36 of the United States Code and Sections 430 through 439 of the California Government Code. ii) City of Stockton Flag. The City of Stockton Flag, if displayed on a City flagpole with the United States Flag and California State Flag, shall be placed in the third position of honor below the United States Flag and California State Flag.
iii) Sister City Flags. The flags of the City of Stockton’s Sister Cities (“Sister City Flags”) may be displayed in accordance with this policy.
iv) Commemorative Flags.
(1) “Commemorative Flag” shall mean any flag which identifies with a specific date, historical event, cause, nation or group of people, whereby the City honors or commemorates the date, event, cause, nation or people by flying the flag.
(2) The City shall display Commemorative Flags only if authorized by the City Council as an expression of the City’s Official speech in accordance with the procedures outlined in this policy.
FLAG DISPLAY POLICY CPM 2.07
11/5/2019 2019-11-05-1103
ATTACHMENT B
3) CITY FLAGPOLES
i) The City’s flagpoles are not intended to serve as a forum for free expression by the public. ii) Display of Flags
(1) City flagpoles will only display flags that may be safely accommodated on the respective pole. (2) The City Council may, by resolution, direct City staff to display Commemorative Flags as an expression of the City’s official sentiments.
(a) Commemorative Flags may be displayed on the flagpole(s) outside of Stockton City Hall provided a flagpole(s) is available for such use.
(b) Other than those flagpoles identified in section (a) above, no other City flagpoles shall fly Commemorative Flags.
(c) Commemorative Flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no longer than seven (7) continuous days.
(d) Commemorative Flags shall be of sufficient quality for outdoor display. Commemorative Flags will not be displayed on days when the weather is inclement, except when all- weather flags are used.
(e) If a Commemorative Flag is displayed with the United States Flag or the State of California Flag, it shall not be larger in size than the United States Flag or the State of Cali fornia Flag.
(f) The City Council shall only consider a request to display a Commemorative Flag if the request is made by a member of the Stockton City Council. Requests to display Commemorative Flags may be placed on the City Council’s meeting agenda in accordance with City Council Policy 4.01.010. The City will not display a Commemorative Flag based on a request from a third party.
iii) The City Manager shall maintain a policy to provide uniform guidelines for flying flags at half-staff.
This half-staff policy will be consistent with Federal laws, including Title 4 of the United States Code.
4) FLAGS INSIDE CITY HALL LOCATIONS
i) Flags inside Stockton City Hall Lobby
(1) The United States Flag and Sister City Flags may be displayed in the lobby area of Stockton City Hall, provided there is sufficient space available to display the flags. (2) Other than the flags identified in section (1) above, no Commemorative Flags shall be displayed in the lobby area of Stockton City Hall.
ATTACHMENT B
ii) Flags inside City Council Chambers
(1) The United States Flag, the California State Flag, the City of Stockton, and a Military Service Support Flag shall be the only flags displayed in the City Council Chambers. (2) The flags in the City Council Chambers shall be displayed in the following order:
(a) The United States Flag shall be displayed on the Mayor and City Council’s right as they face the audience.
(b) The California State Flag shall be displayed on the Mayor and City Council’s left as they face the audience.
(c) The City of Stockton flag shall be displayed between the United States Flag and the California State Flag.
(d) A Military Service Support Flag shall be displayed to the left of the California State Flag, to the Mayor and City Council’s far left as they face the audience.
RESPONSIBILITIES
Public Works
Maintain the City flagpole located at City Hall. Raise and lower flags in accordance with City policies and/or Council resolution.
Clerk’s Office
Display Sister City Flags in the City Hall Lobby and provide City of Stockton flags for display.
City Manager
Maintain a policy to provide uniform guidelines for flying flags at half-staff.
City Council
Request, consider, and adopt resolutions for the display of Commemorative Flags as government speech.
RELEVANT AUTHORITY
United States Code, Title 4 and Title 36
California Government Code Sections 430 through 439
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE Administrative Directive – Flying Flags at Half Staff <AD.11.06> RELATED FORMS, DOCUMENTS, OR LINKS
City of Stockton, Sister Cities, http://www.stocktongov.com/discover/sister.html
ATTACHMENT B
[Type here]
FREQUENTLY ASKED QUESTIONS
Not applicable.
UPDATE HISTORY
ATTACHMENT B
SUBJECT: SINGLE-USE PLASTICS NUMBER: 12.08
ADOPTED DATE:
2022-09-13
RESOLUTION NUMBER:
2022-09-13-1205
LAST AMENDED:
N/A
RESOLUTION NUMBER:
N/A
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
City Manager
PURPOSE
The purpose of this policy is to promote environmentally sustainable practices in the City of Stockton through a reduction of single-use plastics.
POLICY
1. No City officer, official, or employee shall purchase, sell, or distribute any single-use plastic foodware accessories, single-use plastic water bottles, or polystyrene products while acting on behalf of the City.
2. City representatives, agents, and contractors who are acting pursuant to any contract or agreement with the City are encouraged to refrain from the purchase, sale, or distribution of any single-use plastic foodware accessories, single-use plastic water bottles, or polystyrene products while acting pursuant to such contract or agreement.
3. The products identified above may be provided as an accommodation to any person with a disability who requests such in order to enjoy equal access to the food or beverages.
4. This policy will not be applied where prohibited by local, state, or federal regulations or where the application would constitute a risk to health and safety.
DEFINITIONS
“Polystyrene” means a synthetic resin which is a polymer of styrene, used chiefly as lightweight rigid foams and films. Polystyrene foam sometimes called Styrofoam™ is generally used to make cups, bowls, plates, trays, meat trays, and egg cartons. “Single-use” means designed to be used once and then discarded, and not designed for repeated use and sanitizing.
“Foodware accessory” means all items provided alongside ready-to-eat food, including all of the following:
(1) Utensils, which is defined as forks, knives, spoons, and sporks; SINGLE-USE PLASTICS 2.08
ATTACHMENT B
(2) Chopsticks;
(3) Condiment cups and packets;
(4) Straws;
(5) Stirrers;
(6) Splash sticks;
(7) Cocktail sticks.
RESPONSIBILITIES
Locally Elected Officials
Promote environmentally sustainable practices in the City of Stockton through a reduction of single-use plastics.
Staff and Agents of the City
Promote environmentally sustainable practices in the City of Stockton through a reduction of single-use plastics.
RELEVANT AUTHORITY
None applicable
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE Administrative Directive: 12.02 – Standards of Conduct and Safety
17.05 – Procurement and Contract Management
17.06 – Grant Administration
RELATED FORMS, DOCUMENTS, OR LINKS
None applicable
FREQUENTLY ASKED QUESTIONS
None applicable
UPDATE HISTORY
<Date> – Major Revisions
ATTACHMENT B
SUBJECT: ORDINANCES, RESOLUTIONS,
MOTIONS, CONTRACTS
NUMBER: Title 3, Chapter 3.01
ADOPTED DATE:
3/16/81
RESOLUTION NUMBER:
38,095
LAST AMENDED:
1/26/16
RESOLUTION NUMBER:
2016-01-26-1203
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
City Manager
POLICY
1) PREPARATION OF ORDINANCES
All ordinances shall be prepared by the City Attorney. No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council, or requested in writing by the presiding officer or City Manager, or prepared by the City Attorney on his or her own initiative.
2) APPROVAL BY ADMINIST
RATIVE STAFF
All ordinances, resolutions and contract documents shall, before presentation to the Council, have been approved as to form and legality by the City Attorney or his or her authorized representative, and shall have been examined and approved for the administration by the City Manager or his or her authorized representative, where there are substantive matters of administration involved. 3) INTRODUCIN
G FOR PASSAGE OR APPROVAL
Ordinances, resolutions, and other matters or subjects requiring action by the Council must be introduced and sponsored by a member of the Council, except that the Mayor, City Manager, or City Attorney may present ordinances, resolutions and other matters or subjects to the Council, and any Councilmember may assume sponsorship thereof by moving that such ordinances, resolutions, matters or subjects be adopted; otherwise they shall not be considered.
RESPONSIBILITIES
City Attorney
Review all ordinances, resolutions and contract documents prior to Council presentation ORDINANCES , RESOLUTIONS , MOTIONS , & CONTRACTS CHAPTER 3.01
ATTACHMENT B
City Manager
Approve all ordinances, resolutions and contract documents prior to Council presentation
RELEVANT AUTHORITY
City Charter Section 1201 & 1303
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE Administrative Directive – City Manager’s Agenda to the City Council (MAN-13)
RELATED FORMS, DOCUMENTS, OR LINKS
RESOLUTION TEMPLATE
SAMPLE AGENDA
PUBLIC HEARING TEMPLATE.
FREQUENTLY ASKED QUESTIONS
Populated by clarification or follow-up with policy contact.
UPDATE HISTORY
Excerpt from CPM 100-3
3/16/81 - Adopted by Re
solution No. 38,095
2/22/82 - Amended by Resolution No. 38,894
4/21/86 - Amended by Resolution No. 86-0222
10/26/87 – Amended by Resolution No. 87-0583
5/7/90 – Amended by Resolution No. 90-0286
2/4/92 - Amended by Resolution No. 91-0110
6/7/93 – Amended by Resolution No. 93-0377
2/23/10 – Amended by Resolution No. 10-0041
12/17/13 – Amended by Resolution No. 2013-12-17-1213
ATTACHMENT B
SUBJECT: APPOINTMENTS, VACANCY,
APPLICATION
NUMBER: TITLE 3, CHAPTER 3.02
ADOPTED DATE:
10/31/77
RESOLUTION NUMBER:
34,620
LAST AMENDED:
11/02/2021
RESOLUTION NUMBER:
2021-11-02-1212
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
City Clerk
POLICY
1) In 1975 the State Legislature amended Government Code Section 54957 of the Brown Act, removing “public officer” from those appointees that the Council could consider in executive session. This action resulted in the requirement that all discussions and deliberations by the City Council regarding appointments or confirmation of appointments are to take place in public at regular or special meetings of the City Council as opposed to closed executive sessions. This amendment was placed into effect January 1, 1976.
2) To comply with this new requirement, the City Council on January 19, 1976 adopted Resolution No. 32,937 establishing procedures for interviewing and confirming appointments in open Council session.
The resolution additionally incorporated the existing informal procedures of the City Council regarding such appointments.
3) On January 1, 1977, the Maddy Local Appointive List Act of 1975 (Section 54970 et seq. Government Code) became effective requiring, among other things, that:
On or before December 31st of each year, each legislative body shall prepare an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency. The appointees’ list shall contain the following information:
A) A list of all appointive terms which will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position.
B) A list of all boards, commissions, and committees whose members serve at the pleasure of the legislative body, and the necessary qualifications for each position.
C) These requirements are contained in this Council policy.
CITY COUNCIL AND MAYORAL APPOINTMENTS C HAPTER 3.02
TO COMMITTEES , BOARDS, AND COMMISSIONS
ATTACHMENT B
4) The purpose of this policy is to establish an orderly process to provide all citizens of Stockton equal access to specific and current information about the many regulatory and advisory boards, commissions, and committees appointed by the City Council and/or the Mayor, to provide for equal opportunity to be informed of vacancies which, from time to time, shall occur, and to provide for open sessions in the interview or confirmation appointment process. Hereafter, for sake of simplicity, all boards, commissions and committees appointed as set forth in the following Policy shall be referred to as “Commission” or “Commissions.” A member of a board, commission or committee shall be referred to as a “Commissioner.”
5) APPOINTMENTS LIST
A) Each year, on or before December 31, the City Clerk shall prepare and provide to the City Council an appointments list of all regular and ongoing Commissions which are appointed by the Stockton City Council, a Stockton City Councilmember or by the Mayor. The appointment list shall set forth the following information:
A list of all current Commission vacancies and of all appointive terms which will expire during the next calendar year with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position.
B) The appointments list shall be made available to members of the public on the City’s website for free or a hard copy for a reasonable fee as indicated on the City’s Fee Schedule. 6) VACANCY ANNOUNCEMENTS
In mid-January and mid-July, where a vacancy on a Commission exists or where by June 30 or December 31, respectively, a Commissioner’s term of office will expire, the City Clerk shall announce through the news and social media, and post notice thereof on the City’s website and in the Office of the City Clerk, that a vacancy exists or that a term of office will expire. Announcements/postings shall indicate:
A) Title of the position;
B) Minimum qualifications;
C) Special residency requirements, if any;
D) Frequency of meetings of the Commission;
E) Remuneration, if any;
F) Where to submit an application;
G) Final date for submission of an application; and
H) Term of office.
7) APPLICATIONS
ATTACHMENT B
A) All applicants for Commission membership, including persons currently serving on a Commission who seek to be reappointed, shall complete and submit a uniform public service application form to the City Clerk’s Office prior to the final time and date for submission of the application. An applicant may submit for consideration to more than one Commission, depending on the applicant’s qualifications and interest
B) The City Council may appoint a person then serving on a Commission to serve on a different Commission after taking into account the number of other qualified application seeking appointment and whether the person’s appointment to the different Commission is compatible with the person’s current Commission service or creates the potential for overlapping subject matter jurisdiction.
C) The application shall identify the membership on the Commission or Commissions being sought, the applicant’s background and qualifications and may include any additional material deemed relevant by the applicant. Additional material will not be accepted after the filing deadline.
D) The advertisement will remain open until the City Clerk has received one more application than the number of vacancies to be filled or 45 days from the date of the advertisement, whichever comes earlier, at which time the City Clerk will proceed to fill vacancies with the available applicants.
E) The City Clerk or other staff will review the applications to determine the applicant’s compliance with this Policy and any other requirements specified in the Commission’s Roster.
F) The City Clerk’s office shall keep applications on file and applications shall be considered active for one year from the date received.
G) All applications shall be deemed to be public documents and shall be available for public inspection. Nothing herein shall preclude the Mayor or an individual Councilmember from requesting additional or clarifying information of an applicant prior to the Council’s consideration of the applicants for appointment as provided in this Policy. 8) STOCKTON RESIDENCY
Absent specific qualifying requirements to the contrary, all applicants and appointees to Commissions shall be residents of the City of Stockton during the term of their appointment. 9) PROHIBITION OF CITY EMPLOYEES
City Employees Prohibited. Because of potential conflicts between City employment and an employee serving on City Commissions, no City employee, with the exception of the staff person appointed to serve on the Successor Agency to the Redevelopment Agency, shall be appointed to a Commission. 10) APPLICANT INTERVIEWS
ATTACHMENT B
A) Except as provided below, the City department or affected agency that staffs a Commission for which there is a vacancy or for which a term of office will expire during the recruitment period shall prepare interview questions, reviewed and approved by the City Manager’s Office, and forward the questions to the City Clerk. To the extent feasible, questions should be open-ended and limited to no more than five key queries. The City department or affected agency that staffs a Commission, in consultation with the City Manager’s Office, will determine whether to provide the interview questions to the applicants ahead of the interview itself.
B) The City Clerk will notify the Council and the applicants regarding the date and time of the interviews. The interviews will be streamed live. This will allow the Council the opportunity to view the interviews live via streamed video or at any time prior to the date on which the Council will make its appointment. The video stream of the interviews will remain on the City’s website only until the Council concludes the appointment process.
C) The City Clerk shall notify all applicants of the time and place of the interviews, the amount of time allowed for the interview and the method by which the Council appointment shall be made. If notifying the candidates by electronic mail, the City Clerk shall also follow up with a phone call to the applicant. Applicants who desire to withdraw from consideration shall notify the City Clerk, preferably in writing.
D) On the date and time of the interview, applicants will arrive at the designated location, date and time as set by the City Clerk.
E) Applicants will assemble in the designated location where the City Clerk/designee will pro-vide the applicants with the following information:
1. Instructions regarding the interview procedure; and
2. The date and time of the meeting at which the Council will be voting on the appointment; applicants may be asked by the Council to appear at this meeting.
F) Applicants will be interviewed one at a time. Candidates yet to be interviewed will be instructed to wait in a lobby or other designated location until such time that s/he is invited to the location of the interview. Applicants not present for the interview will automatically be removed from further consideration for that recruitment period.
G) During the interview, the City Clerk/designee will give the opportunity for the applicant to make a two-minute opening statement; the City Clerk/designee will read each question aloud from the list of prepared questions. Each interview is timed and limited to no more than 10 minutes per applicant. Applicants will be excused at the end of the interview.
H) Interviews for applicants to the Central Parking District Authority Board, Cultural Heritage Board and Public Art Advisory Committee shall be conducted by committees of the respective Boards or Committee and the committee’s recommendation then considered by the full Boards and Committee. The Boards’ and Committee’s recommendations will be forwarded to the City Council for Council action. The City Council may appoint or not appoint the recommended applicant. An appointment to fill an unexpired term shall become effective immediately. Other appointments
ATTACHMENT B
shall become effective as of July 1st or January 1st respectively. In the latter case, then serving Board or Committee members will continue to serve until the effective date of the new appointment. If the City Council does not appoint the recommended applicant, the Boards or Committee shall make another recommended appointment.
I) The City Council shall not appoint the City Council Salary Setting Commission. Applicants for that Commission shall be interviewed by the Civil Service Commission which will make the appointment (as provided in Charter Section 1912) and the Director of Human Re-sources shall notify the City Council of the appointment.
11) CITY COUNCIL APPOINTMENTS
A) Subsequent to the interviews, the City Clerk will immediately notify the Council that the interviews have been conducted and the date the Council will be voting on the appointments. The Council will have the opportunity to view the interviews during the live stream or may view the video stream at any time prior to the date set for Council appointment. Councilmembers shall limit conversation regarding the applicants amongst each other consistent with the Brown Act.
B) The City Clerk will prepare a staff report relative to the interviews conducted; this report will be placed on a regular meeting agenda for Council consideration on the date indicated to the applicants. The applicants are not required to appear at this meeting unless requested by a Councilmember before the appointment date. Any Councilmember may ask additional questions of the applicant(s) if the applicant has been requested to appear and has appeared at the meeting.
C) At the meeting at which the City Clerk has prepared a staff report relative to the persons who have been interviewed for an appointment to a Commission, for each Commission on which there is a vacancy or for which a term of office will expire, the City Clerk will provide to the City Council a list of those persons who have been interviewed.
D) All discussions by the City Council regarding appointments or confirmation of appointments shall be conducted in compliance with the Brown Act. The appointment process shall not require a public hearing; however, persons desiring to comment on the applicants may do so prior to Council action. A Councilmember may ask questions or seek clarification from any applicant present at the meeting before the Council takes action.
E) If there is at least one more applicant than the number of vacancies from the list(s) so provided to the Council, each Councilmember, including the Mayor, will rank the applicants for each Commission such that the number of applicants that each Councilmember ranks will be one number greater than the number of vacancies and/or the number of Commission members whose terms will be expiring. (This will likely avoid tie votes.) For example, if there is only one vacancy or only one term expiring, the Councilmember’s first choice for appointment will be ranked with the number “2” and the Councilmember’s second choice with the number “1.” If because of a vacancy and/or because of an expiring term, there is more than one appointment to a Commission, the
ATTACHMENT B
Councilmember will assign to the Councilmember’s first choice the higher(est) number and lesser number(s) to the Councilmember’s other choice(s). For example, if there were one vacancy and one term expiring, each Councilmember would rank three applicants, assigning the number “3” to the Councilmember’s first choice, the number “2” to the Councilmember’s second choice and the number “1” to the third choice.
1. After the Council has ranked the applicants, the City Clerk will tally the rankings and the applicant(s) receiving the highest number(s) would, subject to Council ratification, be appointed. If there is a tie, then the process described in E above will be repeated only as to the applicants who are tied.
2. In instances where there are a vacancy and an expiring term and the term of the vacant office is less than the new term of office, the applicant with the highest number will serve the new term of office and the applicant with the next highest number will serve the lesser term.
F) If the number of applicants is less than or equal to the number of vacancies, Council may direct staff to open a recruitment or proceed to fill any number of vacancies from the available list of applicants.
G) Should a vacancy occur within the first year of an appointment, the remainder of the unexpired term may be filled from the current, active pool without running a recruitment.
H) An appointment to fill an unexpired term shall become effective immediately. Other appointments shall become effective as of July 1st or January 1st, respectively. In the latter case, the serving Commissioners will continue to serve until the effective date of the new appointments. 12) APPOINTMENTS TO THE PLANNING COMMISSION
As to the Planning Commission, where a vacancy exists or a term of office is expiring from a particular Councilmember’s District, the Councilmember from that District shall make the appointment subject to City Council approval; for the at-large Planning Commissioner, the Mayor shall make the appointment subject to City Council approval.
13) MAYORAL APPOINTMENTS
As to any appointments made by the Mayor (other than the Mayor’s appointment to the Planning Commission), they shall be submitted on the next regular City Council meeting agenda. The City Council shall confirm or not confirm the appointment(s). 14) TERM OF OFFICE
No person shall serve more than two terms on any Commission other than the following: Port Commission; San Joaquin Commission on Aging; San Joaquin County Mosquito/Vector Control Board; and San Joaquin Regional Transit District Board. If a person is appointed to a vacancy and there are more than two years remaining on that term, that shall count as one term.
ATTACHMENT B
RESPONSIBILITIES
City Clerk
Prepare and provide to the City Council an appointments list of all regular and ongoing Commissions in compliance with the Maddy Act.
RELEVANT AUTHORITY
City Charter Section 601; Government Code Section 54957 of the Brown Act Maddy Local Appointive List Act of 1975 (Section 54970 et seq. Government Code)
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE None applicable
RELATED FORMS, DOCUMENTS, OR LINKS
Information on the city’s Boards and Commission, and Application:
http://stocktongov.com/government/boardCom/default.html
FREQUENTLY ASKED QUESTIONS
None applicable
UPDATE HISTORY
10/31/77 - Adopted by Resolution No. 34,620
2/6/84 - Amended by Resolution No. 40-380
8/25/86 - Amended by Resolution No.86-0549
11/7/88 - Amended by Resolution No.88-0696
1/3/89 - Amended by Resolution No. 89-0017
3/19/90 - Amended by Resolution No. 90-0174
4/1/91 - Amended by Resolution No. 91-0211
5/28/91 - Amended by Resolution No. 91-0390
2/22/93 - Amended by Resolution No. 93-0070
10/10/95 - Amended by Resolution No. 95-0490
6/10/96 - Amended by Resolution No. 96-0303
5/01/07 - Amended by Resolution No. 07-0172
8/24/10 - Amended by Resolution No. 10-0271
6/28/11 - Amended by Resolution No. 11-0175
ATTACHMENT B
12/13/2011 - Repealed and replaced by Resolution No. 11-0332 10/09/2012 - Amended by Resolution No. 2012-10-09-1203
01/26/2016 - Amended by Resolution No. 2016-01-26-1203
06/28/2016 - Amended by Motion No. 2016-06-28-1202
08/22/2017 - Amended by Resolution No. 2017-08-22-1104
ATTACHMENT B
SUBJECT: ATTENDANCE, APPOINTMENT NUMBER: Title 3, Chapter 3.02.010 ADOPTED DATE:
10/31/77
RESOLUTION NUMBER:
34,620
LAST AMENDED:
1/26/2016
RESOLUTION NUMBER:
2016-01-26-1203
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
City Clerk
POLICY
1) For any Board, Commission and Committee (hereafter “Commission”) that meets regularly more than once a month, a Commissioner’s unexcused absence from either three consecutive regular meetings or five or more regular meetings in any 12-month period shall result in the position being vacated, subject to City Council ratification as provided in this Article. For any Commission that meets regularly once a month or less frequently, a Commissioner’s unexcused absences from 25% or more of the regular meetings in any 12-month period shall result in the position being vacated, subject to City Council ratification as provided in this Article.
2) Excused absences shall include illness or other medical reasons, work related conflicts and scheduled vacations when notice is provided at least 30 days in advance. The Chairperson of the particular Commission shall determine if the absence is excused; provided a commissioner, prior to the meeting, provides reasonable notice, including 30 days’ notice of scheduled vacation, of the absence to the Chairperson or to the staff person assigned to the Commission. In the case of a Chairperson’s absence, the Vice-Chair shall make the determination.
3) The staff person assigned to the Commission shall record the attendance of Commissioners in a uniform format as shown on Board/Commission/Committee Attendance Report. As to any Commissioner who is required to be a resident of a Councilmember’s district, if the attendance record of that Commissioner is such that additional unexcused absences would result in the position being vacated, the staff person assigned to the Commission shall notify the Councilmember from that district of the Commissioner’s attendance record. If the attendance records indicate that any Commissioner has exceeded the number of unexcused absences as provided in Section 1 above, the staff person shall prepare a report to the City Council so stating and recommending that the City Council ratify that the position has been vacated. The City Council, at a regular meeting, shall consider the recommendation and take whatever action the City Council deems appropriate. If the City Council ATTENDANCE POLICY FOR APPOINTEES CHAPTER 3.02.010
TO COMMITTEES , BOARDS, AND COMMISSIONS
ATTACHMENT B
ratifies that the position has been vacated due to unexcused absences, the staff person shall notify any outside agency on which the Commissioner sat of the Council action.
RESPONSIBILITIES
Members of Boards, Commissions and/or Committees
Adhere to the established attendance policy
RELEVANT AUTHORITY
City Charter Section 2400; Stockton Municipal Code
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE None applicable
RELATED FORMS, DOCUMENTS, OR LINKS
Board/Commission/Committee Attendance Report
FREQUENTLY ASKED QUESTIONS
None applicable
UPDATE HISTORY
10/31/77 - Adopted by Resolution No. 34,620
2/6/84 - Amended by Resolution No. 40-380
8/25/86 - Amended by Resolution No.86-0549
11/7/88 - Amended by Resolution No.88-0696
1/3/89 - Amended by Resolution No. 89-0017
3/19/90 - Amended by Resolution No. 90-0174
4/1/91 - Amended by Resolution No. 91-0211
5/28/91 - Amended by Resolution No. 91-0390
2/22/93 - Amended by Resolution No. 93-0070
10/10/95 - Amended by Resolution No. 95-0490
6/10/96 - Amended by Resolution No. 96-0303
5/01/07 - Amended by Resolution No. 07-0172
8/24/10 - Amended by Resolution No. 10-0271
ATTACHMENT B
6/28/11 - Amended by Resolution No. 11-0175
12/13/11 - Repealed and replaced by Resolution No. 11-0332 10/09/2012 - Amended by Resolution No. 2012-10-09-1203
ATTACHMENT B
SUBJECT: MEMBERS, REMOVAL, BOARDS,
COMMITTEES, COMMISSIONS
NUMBER: Title 3, Chapter 3.02.020
ADOPTED DATE:
10/31/77
RESOLUTION NUMBER:
34,620
LAST AMENDED:
1/26/16
RESOLUTION NUMBER:
2016-01-26-1203
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
City Clerk
POLICY
1) A person appointed by the City Council to any Board, Commission or Committee (hereafter, “Commission”) shall continue to serve as a member thereof except when:
A) The person’s term of office expires and a different person has been appointed.
B) The person voluntarily resigns from the Commission.
2) A majority vote of the City Council may remove any member of a Commission for any reason including, but not limited to, conduct unbecoming a public official, violating the City’s conflict of interest ordinance or failing to comply with statutory requirements such as the filing requirements under the Political Reform Act. Conduct unbecoming a public official includes the kind of conduct that any reasonable commissioner would know is incompatible or inimical to public service, would indicate a lack of fitness to perform the functions of a Commissioner or would discredit or cause embarrassment to the City.
3) Any member of the City Council may initiate a person’s removal from a Commission by requesting at a regular City Council meeting that consideration of the person’s removal be placed on the Council’s agenda at a regular or special meeting for discussion and potential action. If there is Council majority support to place the item on an agenda, the item will be scheduled at a meeting date acceptable to a Council majority. The City Clerk shall notify the person affected of the time and place of the meeting.
When the item is on the City Council agenda, the City Council may, by majority vote, remove the person from a Commission.
RESPONSIBILITIES
City Clerk
Notify the person being considered for the removal of the time and place of the meeting REMOVAL OF MEMBERS FR OM CHAPTER 3.02.020
COMMITTEES , BOARDS, AND COMMISSIONS
ATTACHMENT B
RELEVANT AUTHORITY
Stockton Municipal Code (numerous provisions)
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE None applicable
RELATED FORMS, DOCUMENTS, OR LINKS
None applicable
FREQUENTLY ASKED QUESTIONS
None applicable
UPDATE HISTORY
10/31/77 - Adopted by Resolution No. 34,620
2/6/84 - Amended by Resolution No. 40-380
8/25/86 - Amended by Resolution No.86-0549
11/7/88 - Amended by Resolution No.88-0696
1/3/89 - Amended by Resolution No. 89-0017
3/19/90 - Amended by Resolution No. 90-0174
4/1/91 - Amended by Resolution No. 91-0211
5/28/91 - Amended by Resolution No. 91-0390
2/22/93 - Amended by Resolution No. 93-0070
10/10/95 - Amended by Resolution No. 95-0490
6/10/96 - Amended by Resolution No. 96-0303
5/01/07 - Amended by Resolution No. 07-0172
8/24/10 - Amended by Resolution No. 10-0271
6/28/11 - Amended by Resolution No. 11-0175
12/13/11 - Repealed and replaced by Resolution No. 11-0332 10/09/2012 - Amended by Resolution No. 2012-10-09-1203
ATTACHMENT B
SUBJECT: CHAIR’S ANNUAL REPORT TO
COUNCIL
NUMBER: Title 3, Chapter 3.02.030
ADOPTED DATE:
10/31/77
RESOLUTION NUMBER:
34,620
LAST AMENDED:
6/28/16
RESOLUTION NUMBER:
2016-06-28-1202
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
City Clerk
POLICY
1) In order for the City Council to oversee the progress, accomplishments and challenges of the Commissions, each Commission Chairperson shall submit annually to the City Council a report that includes, at a minimum, the Commission’s meeting dates, an attendance sheet, a summary of the Commission’s duties and responsibilities, its accomplishments in the past 12 months, its goals for the next 12 months, its progress and challenges in meeting those goals, and the Commission members’ compliance with the Fair Political Practices Act and its Ethics training.
2) A standard report form shall be provided by the City Clerk. 3) In addition, the Chair of each Commission may provide a written report. The City Clerk will schedule these reports on the Council’s regular agenda over the course of the year.
RESPONSIBILITIES
City Clerk
Coordinate annual report with each board or commission chair, schedule placement on Council agenda as Information Item.
RELEVANT AUTHORITY
None applicable
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE None applicable
COMMISSION CHAIR’S ANNUAL REPORT CHAPTER 3.02.030
COMMITTEES , BOARDS, AND COMMISSIONS
ATTACHMENT B
RELATED FORMS, DOCUMENTS, OR LINKS
None applicable
FREQUENTLY ASKED QUESTIONS
Q: Is this the same report as the committee’s, board’s or commission’s annual financial report, when one is required?
A: No, this report is to provide information to the City Council on the health and performance of the committee and its membership.
UPDATE HISTORY
10/31/77 - Adopted by Resolution No. 34,620
2/6/84 - Amended by Resolution No. 40-380
8/25/86 - Amended by Resolution No.86-0549
11/7/88 - Amended by Resolution No.88-0696
1/3/89 - Amended by Resolution No. 89-0017
3/19/90 - Amended by Resolution No. 90-0174
4/1/91 - Amended by Resolution No. 91-0211
5/28/91 - Amended by Resolution No. 91-0390
2/22/93 - Amended by Resolution No. 93-0070
10/10/95 - Amended by Resolution No. 95-0490
6/10/96 - Amended by Resolution No. 96-0303
5/01/07 - Amended by Resolution No. 07-0172
8/24/10 - Amended by Resolution No. 10-0271
6/28/11 - Amended by Resolution No. 11-0175
12/13/11 - Repealed and replaced by Resolution No. 11-0332 10/09/2012 - Amended by Resolution No. 2012-10-09-1203
ATTACHMENT B
SUBJECT: GOVERNING, CITY COUNCIL, NUMBER: Title 3, Chapter 3.03 ADOPTED DATE:
3/16/81
RESOLUTION NUMBER:
38,095
LAST AMENDED:
1/26/16
RESOLUTION NUMBER:
2016-01-26-1203
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
City Manager
POLICY
1) The City of Stockton is a Charter City operating under the Council-Manager form of government.
Under this form of government, all legislative policy decisions are made by the City Council in the form of ordinances, resolutions, and motions.
2) Pertinent provis
ions of the City Charter, Stockton Municipal Code Chapter 2.04, and Council Resolutions are hereby consolidated and presented for reference. i) General: Applicable City Charter, Article IV, Sections:
(1) SECTION 400. Powers. The City Council shall be the governing body of the municipality. All powers of the City shall be vested in the Council, subject to the provisions of this Charter, the Constitution of the State of California, and the Constitution of the United States. The Council may establish the method or methods by which any of such powers may be exercised.
(2) SECTION 401. Membership. The Council shall consist of seven members, six Councilmembers and the Mayor, each of whom shall have the right to vote on all matters coming before the Council.
(3) SECTION 402. Meetings. The Council shall call and hold regular and special meetings in such manner and at such time and place within the City of Stockton as it may prescribe. (4) SECTION 403. Open Sessions. All legislative sessions of the Council, whether regular or special, shall be open to the public except for sessions closed to the public as permitted by law. The public shall have access to the minutes and records of sessions open to the public at all reasonable times in accordance with applicable law. (5) SECTION 404. Quorum. A majority of the members of the Council shall constitute a quorum for the transaction of business. Every member when present, must vote upon all propositions.
ROLE OF CITY COUNCIL CHAPTER 3.03
ATTACHMENT B
(6) SECTION 407. Qualifications of Members. The Council shall be the judge of the election and qualifications of its members. Except as otherwise provided in this Charter, the Council shall determine its rules of procedure. It may punish or expel any member for violation of its rules.
RESPONSIBILITIES
None applicable
RELEVANT AUTHORITY
City Charter
Stockton Municipal Code Chapter 2.04
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE None applicable
RELATED FORMS, DOCUMENTS, OR LINKS
None applicable
FREQUENTLY ASKED QUESTIONS
None applicable
UPDATE HISTORY
3/16/81 - Adopted by Resolution No. 38,095
2/22/82 - Amended by Resolution No. 38,894
4/21/86 - Amended by Resolution No. 86-0222
10/26/87 – Amended by Resolution No. 87-0583
5/7/90 – Amended by Resolution No. 90-0286
2/4/92 - Amended by Resolution No. 91-0110
6/7/93 – Amended by Resolution No. 93-0377
2/23/10 – Amended by Resolution No. 10-0041
12/17/13 – Amended by Resolution No. 2013-12-17-1213
ATTACHMENT B
SUBJECT: COUNCIL, COMMITTEES NUMBER: Title 3, Chapter 3.04 ADOPTED DATE:
7/6/81
RESOLUTION NUMBER:
38.402
LAST AMENDED:
1/26/16
RESOLUTION NUMBER:
2016-01-26-1203
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
City Clerk
POLICY
1) The purpose of this policy document is to explicitly state mayoral authority to establish Council Committees and make appointments as well as create policies/procedures to provide for establishment of and appointments to Council Committees and other committees/ organizations/ boards. 2) ESTABLISHMENT OF COUNCIL COMMITTEES
Council committees shall be established by the Mayor with City Council concurrence. Five (5) standing committees and four (4) special committees are established. Council Committees shall be comprised of a Chairperson, Vice-Chairperson, one regular member, and an alternate member appointed by the Mayor with concurrence of the Council. In addition, there are committees/organizations/boards to which one or two Councilmembers are appointed. A roster of appointments shall be updated and revised as new appointments occur and are confirmed by City Council resolution. The Mayor shall not be appointed to serve on any Standing Committee except the Council Budget/Finance/Economic Development Committee.
3) DURATION OF APPOINTMENTS
Council Committee assignments shall be for two-year terms. 4) COUNCIL COMMITTEES
The purpose of Council Committees shall be to provide detailed analysis and study matters, including obtaining public input, which are referred to the Committee by the City Council or Council appointees and to provide the full City Council with a report on its findings and recommendations. Delegation of such studies is essential to the efficiency of the City Council.
A) Standing Committ
ees.
CITY COUNCIL COMMITTEES , BOARDS, & COMMISSIONS CHAPTER 3.04
ATTACHMENT B
The following Council Standing Committees are established with the following purposes, issues and tasks:
a. Budget/Finance/Economic Development Committee: Will review the City’s fiscal policies and documents, review proposed amendments to City fees, develop new fiscal mechanisms as needed, and develop and review policies and activities relating to the economic health of the community, including but not limited to the following:
1. Council and City Manager’s non-local travel review;
2. Fees for special services;
3. Fees regulated by the Stockton Municipal Code, such as tow companies and taxi companies;
4. Business Council, Private Industry Council, Chambers of Commerce; and
5. Public safety fiscal issues.
b. Legislation/Environmental Committee: Will develop and review policies and activities relating to legislative/environmental issues, including but not limited to the following activities:
1. Campaign reform;
2. Ethics policies;
3. City, State, and Federal legislation;
4. Federal Emergency Management Administration (FEMA)
regulations/activities/directives; and
5. Environmental issues such as recycling.
c. Community Improvement and Crime Prevention Committee: Will consider City crime prevention and diversion programs, graffiti, and code enforcement programs, including but not limited to the following:
1. Juvenile delinquency prevention and diversion programs;
2. Adult crime prevention and diversion programs;
3. Anti-substance abuse programs;
4. Graffiti abatement programs; and
5. Code enforcement in support of property management activities. d. Water Committee: Will deal with issues related to water, including, but not limited to, the following activities:
1. Water flows availability;
2. Water projects;
3. Water regulations;
4. Water conservation; and,
5. Water reclamation.
e. Audit Committee: Will oversee all independent auditing services for the City provided by both the City Auditor and the City’s commercial auditing firm, including but not limited to the following:
1. Review the City Auditor’s annual audit plan;
2. Review audit reports issued by the City Auditor;
3. Review the annual follow-up report issued by the City Auditor;
4. Refer special requests for audit services to the City Auditor;
5. Review the annual audit plan of the City’s commercial audit firm;
6. Review the City’s annual financial reports and reports of the commercial audit firm; and,
7. Review external quality control review reports of the Office of the City Auditor.
ATTACHMENT B
B) Special Commi
ttees
This type of committee is designed to deal with specific issues or tasks as designated in the establishing resolution or as assigned by the Council. The committee shall remain in existence until completion of the tasks or resolution of the issue(s) assigned without further action by the Council. The membership of these four special committees will consist of two or three Councilmembers appointed by the Mayor with Council concurrence and two or three representatives of the respective school boards.
a. City/Stockton Unified School District “3x3” Committee. Will review and develop recommendations on cooperative programs between the City and Stockton Unified School District.
b. City/Lodi Unified School District “2x2” Committee. Will review and develop recommendations on cooperative programs between the City and Lodi Unified School District. c. City/Lincoln Unified School District “2x2” Committee. Will review and develop recommendations on cooperative programs between the City and Lincoln Unified School District.
d. City/Manteca Unified School District “2x2” Committee. Will review and develop recommendations on cooperative programs between the City and Manteca Unified School District.
Topics/activities/programs not listed above will be assigned by the City Council to the most appropriate committee for action/recommendations/review.
C) Ad-Hoc Committ
ees
In addition to standing and special committees, the City Council shall from time to time establish ad-hoc committees targeted toward specific issues. The ad-hoc committees shall be established by resolution of the Council, with appointments to be made by the Mayor based on the expertise and expressed interest of the Councilmembers. The terms of the ad-hoc committees shall not exceed one year unless reestablished or extended by resolution of the Council. 5) COMMITTEE MEETINGS
A) Committee meetings shall be open to the public; however, the Committee may hold closed meetings for the same reason(s) that the full Council holds closed sessions.
B) Committee m
eetings shall be scheduled at a time and place to encourage public attendance and input and to accommodate authorities and experts germane to the topic under study or review.
ATTACHMENT B
C) Items that come up as a result of Committee deliberations which may not necessarily have been directly referred to the Committee and do not relate to the item under discussion, would be immediately referred to the entire Council for approval prior to further Committee consideration.
D) The public shal
l be permitted to provide testimony before the Council Committee on the issue(s) under consideration. Their active participation in the Committee’s discussions and deliberations will not be allowed unless approved by the Committee Chairperson.
E) The Vice Chai
rperson shall assume all duties and responsibilities in the absence of the Chairperson.
F) The Chairpers
on shall schedule Committee meetings and approve meeting agenda.
G) The City M
anager shall have notices of the Council Committee meetings prepared, calendars of Committee Meetings maintained, ensure distribution of Meeting Notices, and assign proper City staff to the Council Committee for topics under consideration.
H) The presidin
g officer of the Council Committee meeting shall be the Committee Chairperson.
I) Two Council C
ommittee members shall constitute a quorum for conduct of Committee business.
The Council Committee meeting may be conducted with one member present in which case, the Committee recommendations shall be submitted to the City Council as a Minority Council Committee Report.
J) All Commi
ttee meetings shall be tape recorded. Such tapes shall be maintained on file for two years.
6) COUNCIL COMMITTEE REPORTS
A) All reports to the City Council shall be in written form, unless time constraints on the issue under consideration do not allow so. In the latter case, the Chairperson shall present a verbal report to the City Council.
B) Committee M
inutes shall summarize pertinent Committee discussions, including alternatives considered, relevant testimony by the public, findings, and support/justification for the Committee’s recommendation(s).
C) The Commit
tee report shall be scheduled/placed on the City Council agenda at the direction of the Committee Chairperson.
ATTACHMENT B
D) The City Manager shall provide the recorder for the Committee meetings and shall have prepared a report of the Committee’s deliberations and recommendation(s). City Departments responsible for preparing Council Committee Minutes shall report back to the full Council no later than the second meeting following the committee meeting.
E) The Commit
tee report, upon signature by Committee members, shall be filed with the City Clerk and become a permanent record of the City.
RESPONSIBILITIES
Mayor
Establish Council Committees with concurrence of City Council City Manager
Provide recorder for the Committee meetings
RELEVANT AUTHORITY
None applicable
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE None applicable
RELATED FORMS, DOCUMENTS, OR LINKS
None applicable
FREQUENTLY ASKED QUESTIONS
None applicable
UPDATE HISTORY
7/6/81 - Adopted by Resolution No. 38,402
11/2/87 - Amended by Resolution No. 87-0603
3/5/90 - Amended by Resolution No. 90-0137
1/2/91 - Amended by Resolution No. 91-0017
1/28/91 - Amended by Resolution No.91-0092
5/20/91 - Amended by Resolution No.91-0357
10/7/91 - Amended by Resolution No. 91-0776
ATTACHMENT B
8/17/92 - Amended by Resolution No.92-0542
12/19/94 - Amended by Resolution No. 94-0607
1/6/97 - Amended by Resolution No.97-0012
5/24/05 - Amended by Resolution No.05-0218
7/18/06 - Amended by Resolution No.06-0371
1/9/07 - Amended by Resolution No.07-0001
3/6/07 - Amended by Resolution No.07-0081
2/2/10 - Amended by Resolution No.10-0021
ATTACHMENT B
SUBJECT: AUDIT, CONTROLS, POLICY,
COMPLIANCE, COMMITTEE
NUMBER: Title 3, Chapter 3.04.010
ADOPTED DATE:
1/26/2016
RESOLUTION NUMBER:
2016-01-26-1203
LAST AMENDED:
NA
RESOLUTION NUMBER:
TBD
COUNCIL POLICY CONTACT:
City Council, Chair, Audit Committee
CITY DEPARTMENT CONTACT:
City Manager
PURPOSE
To assist the City Council in fulfilling its oversight responsibilities for the financial reporting process, system of internal controls, and audit processes and resources, as well as the City’s process for monitoring compliance with laws and regulations and the code of conduct.
The U.S. Government Accountability Office (GAO) recommends all public sector entities consider establishing an audit committee. An effective audit committee can increase the integrity and efficiency of the audit process, as well as the system of internal controls and financial reporting. The Government Finance Officers Association (GFOA) and the Institute of Internal Auditors (IIA) encourage the effective use of an audit committee in the public sector and consider this committee an integral element of public accountability and governance.
POLICY
1) Establishment of Audit Committee
Per City of Stockton Council Policy 3.04, the Audit Committee, as a Council committee, shall be established by the Mayor with City Council concurrence. Council Committees shall be comprised of a Chairperson, Vice-Chairperson, one regular member, and an alternate member appointed by the Mayor with concurrence of the Council. A roster of appointments shall be updated and revised as new appointments occur and are confirmed by City Council resolution. 2) Duration of Appointments
Council Committee assignments shall be for two-year terms. Multiple terms are permissible as long as confirmed by Committee resolution.
3) Authority
The role of the Audit Committee is to maintain oversight and strengthen the independence of the auditing function, both internal and external, resulting in increased integrity and efficiency of the audit process for the City and the City’s system of internal controls and financial reporting. The Audit Committee has authority to conduct or authorize investigations into any matters within its scope of responsibility. It is empowered to:
COUNCIL AUDIT COMMITTEE CHARTER CHAPTER 3.04.050
ATTACHMENT B
o Appoint, compensate, and oversee the work of any registered public accounting firm employed by the City.
o Resolve any disagreements between City management and the auditor regarding financial reporting.
o Pre-approve all auditing services.
o Retain independent counsel, accountants, or others to advise the Committee or assist in the conduct of an investigation.
o Seek any information it requires from employees, all of whom are directed to cooperate with the Committee's requests, or external parties.
o Meet with City officers, external auditors, or outside counsel, as necessary. 4) Meetings
The Audit Committee will meet at least four times a year, with authority to convene additional meetings, as circumstances require. All Committee members are expected to attend each meeting, in person or via tele- or video-conference. The Committee will invite members of City management, auditors, or others to attend meetings and provide pertinent information, as necessary. As necessary, the Committee will meet with the external or internal auditors in executive session for the same reason(s) that the full Council holds closed sessions.
Meeting agendas
will be prepared and provided in advance to members, along with appropriate briefing materials. Meetings shall proceed according to City Council Committee procedures articulated in Policy 3.04. All Committee meetings shall be video recorded. Such recordings shall be maintained on file for two years. Committee reports, including meeting minutes, will be prepared according to procedures outlined in Policy 3.04.
RESPONSIBILITIES
Audit Committee
Financial Statements
• Review significant accounting and reporting issues, including complex or unusual transactions and highly judgmental areas, and recent professional and regulatory pronouncements, and understand their impact on the financial statements.
• Review with City management and the external auditors the results of the audit, including any difficulties encountered.
• Review the annual financial statements, and consider whether they are complete, consistent with information known to Committee members, and reflect appropriate accounting principles. • Review other sections of the annual report and related regulatory filings before release, and consider the accuracy and completeness of the information. • Review with City management and the external auditors all matters required to be communicated to the Committee under Generally Accepted Auditing Standards (GAAS).
ATTACHMENT B
• Understand how City management develops interim financial information and the nature and extent of internal and external auditor involvement.
• Review interim financial reports with City management and the external auditors before reports are filed with regulators, and consider whether they are complete and consistent with the information known to Committee members.
Internal Control
• Consider the effectiveness of the City’s internal control system, including information technology security and control.
• Understand the scope of internal and external auditors' review of internal control over financial reporting, and obtain reports on significant findings and recommendations, together with City management's responses. GAAS and Government Auditing Standards (GAS) require an independent auditor to evaluate the City’s internal controls in connection with determining the extent of their audit procedures.
Internal Audit
• Periodically review with City management and the Internal Auditor the charter, activities, and structure of the internal audit function.
• Have final authority to review and approve a risk-based annual audit plan and all major changes to the plan, and regularly review progress implementing the plan. • Ensure there are no unjustified restrictions or limitations, and review and concur in the appointment, replacement, or dismissal of the Internal Auditor.
• Review the effectiveness of the internal audit function, including compliance with The Institute of Internal Auditors' (IIA) International Professional Practices Framework (IPPF) for Internal Auditing consisting of the Definition of Internal Auditing, Code of Ethics and the Standards. • Direct the internal auditor to conduct internal control audits to address processes and controls and performance audits to address economy, efficiency, and effectiveness, and ensure work is performed under the proper standards, which include the IIA’s IPPF and the GAO’s Generally Accepted Government Audit Standards (GAGAS).
• On a regular basis, meet with the Internal Auditor to discuss matters that the Committee or Internal Auditor believes should be discussed privately.
• Direct management to prepare implementation plans to respond to audit findings and recommendations and receive reports from management on implementation progress.
External Audit
• Review the external auditors' proposed audit scope and approach, including coordination of audit effort with internal audit.
• Review the performance of the external auditors, and exercise final approval on the appointment, replacement, or dismissal of the auditors.
• Review and confirm the independence of the external auditors by obtaining statements from the auditors on relationships between the auditors and the City, including non-audit services, and discussing the relationships with the auditors.
• On a regular basis, meet with the external auditors to discuss matters that the Committee or auditors believe should be discussed privately.
• Direct management to prepare implementation plans to respond to audit findings and receive reports from management on implementation progress.
ATTACHMENT B
Compliance
• Review the effectiveness of the system for monitoring compliance with laws and regulations and the results of City management's investigation and follow-up (including disciplinary action) of any instances of noncompliance.
• Review the findings of any examinations by regulatory agencies and any auditor observations. • Review the process for communicating the code of conduct to City personnel and monitoring compliance therewith.
• Obtain regular updates from City management, City Attorney, Internal Auditor, and external auditors regarding compliance matters.
Reporting Responsibilities
• Regularly review City responses to audit findings as tracked in the Audit Findings Response Tracking Report, which will be updated on an ongoing basis by the Internal Auditor with input from City management.
• Regularly report to the City Council about Committee activities, issues, related recommendations, and how it has discharged its duties and met its responsibilities. • Provide an open channel of communication between the Internal Auditor, the external auditors, and the City Council.
• Review any other reports the City issues that relate to Committee responsibilities.
Other Responsibilities
• Perform other activities related to this charter as requested by the City Council. • Establish procedures for the receipt, retention, and treatment of complaints regarding accounting, internal accounting controls, or auditing matters.
• Institute and oversee special investigations as needed. • Review and assess the adequacy of the Committee charter annually, requesting Council approval for proposed changes, and ensure appropriate disclosure as may be required by law or regulation. • Confirm annually that all responsibilities outlined in this charter have been carried out. • Evaluate the Committee's and individual members' performance on a regular basis.
RELEVANT AUTHORITY
Council Policy 3.04
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE None applicable
RELATED FORMS, DOCUMENTS, OR LINKS
Not applicable
ATTACHMENT B
FREQUENTLY ASKED QUESTIONS
None applicable
UPDATE HISTORY
Not applicable
ATTACHMENT B
SUBJECT: MEASURE W, OVERSIGHT,
COMMITTEE, CITIZEN
NUMBER: Title 3, Chapter 3.04.060
ADOPTED DATE:
8/23/05
RESOLUTION NUMBER:
05-0372
LAST AMENDED:
1/26/16
RESOLUTION NUMBER:
2016-01-26-1203
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
City Clerk
POLICY
1) A Citizen’s Committee was established as required by the Program Guidelines developed by the City Council following the adoption of the ordinance entitled Funding for Police and Fire Protection Services in November 2004.
2) The Program Guidelines charge the Citizens’ Committee to review whether expenditures of the funds were made as promised to Stockton residents in accordance with the ordinance creating a one-quarter cent sales and use tax for provision of police and fire personnel and services to protect the community.
This policy establishes the responsibilities and processes to be used by the Citizens’ Committee. 3) The Measure W Oversight Committee will have qualified members and a prescribed term of office, will be given pertinent information to monitor the special tax revenues and expenditures, will meet and report their findings as required by ordinance, and will operate using standards of ethics. 4) APPOINTMENTS
The City Council shall make appointments to the Oversight Committee by resolution. The Oversight Committee shall be composed of seven members.
5) QUALIFICATION STANDARDS
To be qualified a person must be at least 18 years of age and reside within the City’s geographic boundary. The Oversight Committee may not include any employee or official of the City, or any vendor, contractor or consultant doing business with the City.
MEASURE W OVERSIGHT COMMITTEE CHAPTER 3.04.060
ATTACHMENT B
6) CONFLICTS OF INTEREST
By accepting appointment to the Oversight Committee, each member agrees to comply with Articles 4 (commencing with Section 1090) and 4.7 (commencing with Section 1125) of Division 4 of Title 1 of the Government Code and the Political Reform Act (Gov. Code §§ 81000 et seq.), and to complete the Form 700 as required by all “designated employees” of the City. Additionally, each member shall comply with the Oversight Committee Ethics Policy which is presented in paragraph 14, below. 7) TERM
Oversight Committee members shall serve for a term of two years. Members shall serve no more than two terms.
At the end of
the first term it is intended that one-half of the member’s terms be staggered. At the Committee’s first meeting, members will draw lots to select three members. These selected members will be limited to one term. The remaining members may serve a second term. 8) CHAIR
The Mayor shall appoint the initial Chair. Thereafter, the Oversight Committee shall annually elect a chair and a vice-chair who shall act as chair only when the chair is absent. 9) COMPENSATION
The Oversight Committee members shall not be compensated for their services. 10) INFORMATIONAL MATERIALS
At least quarterly, financial reports will be sent to each Oversight Committee member. The reports will show detailed lists of revenue and expenditure transactions to the Fund. 11) MEETINGS
A) The Oversight Committee shall conduct a mid-year meeting usually in February and an annual meeting each year following the closing of the prior fiscal year’s books. The purpose of the midyear and annual meetings is for Oversight Committee members to review the revenues and expenditures of the Fund, and to ask for explanations and documentation from City staff. The annual meeting will also include the task of adopting an annual report of their findings for presentation to the City Council.
B) Special meetings may be called by the Oversight Committee’s chair. Special meetings may also be called by Oversight Committee members if three or more members petition the chair for a special meeting.
ATTACHMENT B
C) All meetings shall be held in the Stockton City Council Chambers or another room having space for the public to attend.
D) All meetings shall be open to the public in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq. Each member of the Oversight Committee will be given a current copy of the Ralph M. Brown Act.
E) A majority of the Oversight Committee members shall constitute a quorum for the transaction of any business.
F) Except as otherwise provided by adopted Oversight Committee policies, City Council Policy, or applicable law, meetings shall be conducted in accordance with Robert’s Rules of Order, Newly Revised.
12) AUTHORIZED ACTIVITIES
A) Review copies of revenue and expenditure reports for Measure W.
B) Receive and review copies of the City’s annual independent audit which is required the ordinance.
C) Observe Public Safety activities for which tax proceeds have been or will be expended, in accordance with access procedures established by the City Manager.
D) Oversight Committee members shall not have the authority to direct staff of the City.
E) Individual members of the Oversight Committee retain the right to address the Council, either on behalf of the Committee or as an individual.
13) ANNUAL REPORT
Annually the Oversight Committee will submit a report to the City Council with the results of their work.
The report is also made available to the public.
14) VACANCIES AND REMOVAL
A) The City Council shall fill any vacancies on the Oversight Committee.
B) The City Council may remove any Oversight Committee member for any reason, including failure to attend two consecutive Oversight Committee meetings without reasonable excuse or for failure to comply with the Committee Ethics Policy. Upon a member’s removal, his or her seat shall be declared vacant.
15) CITY SUPPORT
The City s
hall provide to the Oversight Committee necessary technical and administrative assistance as follows:
A) Preparation of and posting of public notices as required by the Brown Act; B) Ensuring that all notices to the public are provided in the same manner as notices regarding meetings of the City Council;
ATTACHMENT B
C) Providing of a meeting room, including any necessary audio/visual equipment; Preparing and copying documentary meeting materials, such as agendas and reports; D) Retaining all Oversight Committee records, and providing public access to such records on an Internet website maintained by the City; and
E) Attending all Oversight Committee proceedings and answering Committee questions on the use of funds.
16) TERMINATION
The Oversight Committee shall automatically disband if the enabling ordinance is revoked. 17) CITIZENS’ BOND OVERSIGHT COMMITTEE ETHICS POLICY STATEMENT This Ethics Policy Statement provides general guidelines for Oversight Committee members to following carrying out their roles. Not all ethical issues that Committee members face are covered in this Statement. However, this Statement captures some of the critical areas that help define ethical and professional conduct for Oversight Committee members. The provisions of this Statement were developed from existing laws, rules, policies and procedures as well as from concepts that define generally accepted good business practices. Committee members are expected to strictly adhere to the provisions of this Ethics Policy.
A) Conflict of Interest: An Oversight Committee member shall not make or influence a City decision related to any City purchase or contract which will benefit the committee member’s outside employment, business, or a personal finance or benefit an immediate family member, such as a spouse, child or parent.
B) Outside Employment: An Oversight Committee member shall not use his or her influence over a Committee matter to negotiate future employment with any person or organization that relates to a City purchase or contract. For a period of two years after leaving the Oversight Committee, a former Committee member may not represent any person or organization for compensation in connection with any matter pending before the City that, as a Committee member, he or she participated in personally and substantially.
C) Commitment to Uphold Law: An Oversight Committee member shall uphold the federal and California Constitutions, the laws and regulations of the United States and the State of California and all other applicable government entities, and the charter, policies, procedures, rules and regulations of the City.
RESPONSIBILITIES
Measure W Oversight Committee
Review whether expenditures of the funds complied with sales and use tax ordinance for provision of police and fire personnel and services
ATTACHMENT B
Prepare report with the results of year’s work and submit a report to the City Council and make publically available.
RELEVANT AUTHORITY
Government Code and the Political Reform Act (Gov. Code §§ 81000 et seq.)- Articles 4 (commencing with Section 1090) and 4.7 (commencing with Section 1125) of Division 4 of Title 1 Ralph M. Brown Act
Measure W Ordinance
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE None applicable
RELATED FORMS, DOCUMENTS, OR LINKS
Statement of Economic Interests Form 700
FREQUENTLY ASKED QUESTIONS
None applicable
UPDATE HISTORY
8/23/05 - Adopted by Resolution No. 05-0372
ATTACHMENT B
SUBJECT: MEASURE A, OVERSIGHT,
COMMITTEE, CITIZEN
NUMBER: Title 3, Chapter 3.04.070
ADOPTED DATE:
October 8, 2013
RESOLUTION NUMBER:
2013-10-08-1505
LAST AMENDED:
1/26/16
RESOLUTION NUMBER:
2016-01-26-1203
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
City Clerk
POLICY
1) A Citizens’ Oversight Committee was established as required by the City of Stockton Transactions and Use Tax Ordinance following the approval of a General Transactions and Use Tax increase approved by ballot vote in November 2013.
2) The mission of a strong and independent Citizens’ Oversight Committee is to oversee the expenditure of revenues generated by the tax imposed by the Ordinance and to make recommendations to the City Council regarding those expenditures in accordance with the voter’s intent as set forth in Measure B. 3) The purpose of the Committee as stated in the Ordinance shall be to meet at least semi-annually to review the expenditure of revenues generated by the tax imposed by this Ordinance and to make recommendations to the City Council regarding those expenditures. To carry out its stated purposes, the Committee shall perform the following duties:
A) Review Expendi
tures. The Committee will review at the close of each fiscal year the actual expenditures for Measure A proceeds, as attested by the City’s independent financial auditor in the Comprehensive Annual Financial Report, to ensure that tax proceeds are expended for the purposes set forth in the applicable ballot measure.
B) Inform the Pu
blic. The Committee shall inform the public concerning the City’s expenditures of the tax proceeds.
a) Minutes of Committee meetings shall be provided to the City Council and placed on the next available regular Council meeting agenda thereafter.
b) The Committee will have the responsibility to report to the public any information that funds are being spent illegally or imprudently or in a manner inconsistent with the intent of the voters as expressed in Measures A and B.
MEASURE A ADVISORY COMMITTEE CHAPTER 3.04.070
ATTACHMENT B
C) Annual Reports. The Committee shall present to the City Council, in public session, an annual written report, which shall include the following:
a) A statement indicating whether the City is in compliance with the purposes set forth in the applicable ballot measures with respect to the tax proceeds; b) A review of tax expenditures to verify that amounts collected were expended for the purposes set forth in the applicable ballot measure with respect to the tax proceeds; c) A review of the City’s progress in implementing the recommendation of the Marshall Plan on Crime, including the hiring of 120 more police officers and other investments; and d) A summary of the Committee’s proceedings and activities for the preceding year.
D) Budget Recomm
endation. The City will propose a budget for the use of Measure A proceeds to the Committee with sufficient time for it to formulate a recommendation to the City Council before it deliberates on that same budget in the annual budget adoption process. a) The Committee shall present to the City Council, in public session, their recommendation on the proposed budget.
E) Review Sunset P
rovisions. Before City Council authorization of the sunset or extension of the sunset of the tax, the Committee will review its applicability and whether the City has supporting evidence and appropriate findings as outlined in the Ordinance. 4) COMMITTEE MEMBERSHIP
A) The Committee shall consist of at least seven (7) members as required by the Ordinance. The City Council shall appoint all the members of the Committee as set forth herein.
B) Each member of
the City Council, including the Mayor, shall nominate one member to the Committee. The City Council shall approve by majority vote all the nominations to the Committee.
C) In evaluating indiv
iduals to nominate as members of the Committee, the City Council shall take into consideration such factors and criteria as it deems appropriate in evaluating a nominee, including his or her knowledge, expertise, skills, integrity, diversity, judgment, business or other related experience, reputation in the business community, the interplay of the nominee’s experience with the experience of other Committee members, and the extent to which the nominee would be a desirable addition to the Committee.
D) To be a qualif
ied person to serve on the Committee, he or she must be at least 18 years of age.
ATTACHMENT B
E) The Committee may not include any employee or official of the City or any vendor, contractor or consultant of the City. Nor can the City Council appoint persons who hold an office incompatible with service on the Committee.
F) The term of s
ervice for appointees will be concurrent with the term of service of the appointing City Council member.
5) COMMITTEE GOVERNANCE
A) All Committee proceedings shall be open to the public except as necessary to consider legally privileged matters consistent with state law. Notice to the public shall be provided in the same manner as the proceedings of the City Council. The Committee will have the ability to appoint a Chair from among its voting members and establish other bylaws that are not in conflict with the provisions of the Ordinance or this Charter. The Committee shall serve as the single statutory Oversight Committee for Measures A and B.
6) CITY COMMITMENT TO THE COMMITTEE
A) The City acknowledges that effective oversight by the Committee is not only required by law but is essential to the City’s ability to accomplish the intent of the voters as expressed in Measures A and B. Therefore, the City commits to support the oversight process through cooperation with the Committee, by providing the Committee with access to information and with sufficient logistical support so that the Committee may effectively perform its oversight function. Further, the City will insure that with regard to the Committee, all City Staff are committed to open communication, the timely sharing of information and teamwork.
B) The City agr
ees to provide the Committee with the necessary information to engage in effective oversight. Receipt of timely and complete information is essential in order for the Committee to perform its duties. All expenditures by the City of funds obtained through revenues generated by the tax imposed by the Ordinance shall be subject to the review and oversight of the Committee.
The Committee will be entitled to access all information concerning expenditures not subject to legal privilege.
C) The City Manager wi
ll facilitate communication between the Committee and the City Council by scheduling specific time on City Council Agendas for the Committee to report on its business to the City.
D) Committee
reports will be available to the public on a website to be provided for the Committee by the City.
ATTACHMENT B
E) The City and the Committee agree that to insure oversight by the Committee continues to be as effective as possible, the efficacy of this Charter will be evaluated on a periodic basis and a formal review will be jointly conducted by the City and the Committee within five (5) years of the adoption of this Charter to determine if any amendments should be made.
RESPONSIBILITIES
Measure A Oversight Committee
• Review Expenditures
• Inform the Public
• Produce Annual Reports
• Make Budget Recommendations
• Review Sunset Provisions
• Evaluate Committee Charter every five years
City Staff
• support the oversight process through cooperation with the Committee • Provide the Committee with access to information and logistical support • Open communication and timely sharing of all necessary financial information with Committee • Schedule agenda items on City Council Agendas for the Committee to report on its business to the City
• Make committee reports available to the public on a website to be provided for the Committee • Evaluate Committee Charter every five years
RELEVANT AUTHORITY
Government Code and the Political Reform Act (Gov. Code §§ 81000 et seq.)- Articles 4 (commencing with Section 1090) and 4.7 (commencing with Section 1125) of Division 4 of Title 1 Ralph M. Brown Act
Measure A Ordinance
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE None applicable
RELATED FORMS, DOCUMENTS, OR LINKS
Statement of Economic Interests Form 700
ATTACHMENT B
FREQUENTLY ASKED QUESTIONS
None applicable
UPDATE HISTORY
October 8, 2013 – Adopted by Resolution No. 2013-10-08-1505 March 18, 2014 – Update by Resolution No. 2014-03-18-1501
ATTACHMENT B
SUBJECT: STRONG COMMUNITIES,
ADVISORY, COMMITTEE, CITIZEN
NUMBER: Title 3, Chapter 3.04.080
ADOPTED DATE:
04/01/2017
RESOLUTION NUMBER:
LAST AMENDED: RESOLUTION NUMBER:
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
Administrative Services / Community Services
POLICY
1) An Advisory Committee is created as required by ordinance 2016-06-07-1212 entitled Library and Recreation Special Sales and Use Tax, adopted on November 8, 2016 by the voters of Stockton ,
which provides for a one-quarter cent special sales and use tax for provision o f Library and Recreation
services to improve the community.
2) The Advisory Committee is charged with reviewing whether expenditures of the funds related to the special sales and use tax (Strong Communities Fund) were made as represented to Stockton residents in accordance with the ordinance. This policy establishes the responsibilities and processes to be used by the Advisory Committee.
3) The Strong Communities Advisory Committee will have qualified members and a prescribed term of office, will be given pertinent information to monitor the special tax revenues and expenditures, will meet and report their findings as required by ordinance, and will operate using standards of ethics. 4) APPOINTMENTS
The City Council shall make appointments to the Advisory Committee by resolution. The Advisory Committee shall be composed of seven members. The Friends of the Stockton Library, The Library and Literacy Foundation of San Joaquin, Stockton Parks and Recreation Commission and the Stockton Recreation Foundation shall each have the opportunity to recommend candidates for the Committee to the City Council. In no event may the Committee include more than two (2) members of each of the aforementioned groups. In addition, an ex-officio member of the Committee will be appointed from the Teen Leadership Council to serve as an advisory, non-voting member of the Committee.
STRONG COMMUNITIES ADVISORY COMMITTEE
CHAPTER 3.04.080
2017-04-01-0301
2017-08-22-110408/22/2017
ATTACHMENT B
5) QUALIFICATION STANDARDS
To be qualified a person must be at least 18 years of age and reside within the City’s geographic boundary. The Advisory Committee may not include any employee or official of the City, or any vendor, contractor or consultant doing business with the City.
6) CONFLICTS OF INTEREST
By accepting appointment to the Advisory Committee, each member agrees to comply with Articles 4 (commencing with Section 1090) and 4.7 (commencing with Section 1125) of Division 4 of Title 1 of the Government Code and the Political Reform Act (Gov. Code §§ 81000 et seq.), and to complete Form 700 as required by all “designated employees” of the City. Additionally, each member shall comply with the Advisory Committee Ethics Policy which is presented in paragraph 14, below. 7) TERM
Advisory Committee members will not be subject to term limits, and may serve more than two terms.
It is intended that one-half of the member’s terms be staggered. For the first term of appointment, Committee members nominated by the Mayor and Councilmembers in Districts 2, 4, and 6 will serve a one year term. Thereafter, Committee members nominated by the Mayor and Councilmembers in Districts 2, 4, and 6 will serve two-year terms. Committee members nominated by Councilmembers in Districts 1, 3, and 5 will serve a two-year term.
8) CHAIR
The Mayor shall appoint the initial Chair. Thereafter, the Advisory Committee shall annually elect a chair and a vice-chair who shall act as chair only when the chair is absent. 9) COMPENSATION
The Advisory Committee members shall not be compensated for their services. 10) INFORMATIONAL MATERIALS
At least quarterly, financial reports will be sent to each Advisory Committee member. The reports will show detailed lists of revenue and expenditure transactions to the Strong Communities Fund. 11) MEETINGS
A) The Advisory Committee shall conduct a minimum of one (1) annual meeting each year following the closing of the prior fiscal year’s books. The purpose of the annual meeting is for Advisory Committee members to review the revenues and expenditures of the Fund, and to ask for
ATTACHMENT B
explanations and documentation from City staff. The annual meeting will also include the task of adopting an annual report of their findings for presentation to the City Council.
B) Special meetings may be called by the Advisory Committee’s chair. Special meetings may also be called by Advisory Committee members if three or more members petition the chair for a special meeting.
C) All meetings shall be held in the Stockton City Council Chambers or another room having space for the public to attend.
D) All meetings shall be open to the public in accordance with the Ralph M. Brown Act, Gov ernment Code Section 54950 et seq. Each member of the Advisory Committee will be given a current copy of the Ralph M. Brown Act.
E) A majority of the Advisory Committee members shall constitute a quorum for the transaction of any business.
F) Except as otherwise provided by adopted Advisory Committee policies, City Council Policy, or applicable law, meetings shall be conducted in accordance with Robert’s Rules of Order. 12) AUTHORIZED ACTIVITIES
A) Review copies of revenue and expenditure reports for the Strong Communities Fund.
B) Receive and review copies of the City’s annual independent audit which is required the ordinance.
C) Advisory Committee members shall not have the authority to direct staff of the City.
D) Individual members of the Advisory Committee retain the right to address the Council, either on behalf of the Committee or as an individual.
13) ANNUAL REPORT
Annually the Advisory Committee will submit a report to the City Council with the results of their work.
The report is also made available to the public.
14) VACANCIES AND REMOVAL
A) The City Council shall fill any vacancies on the Advisory Committee.
B) The City Council may remove any Advisory Committee member for any reason. Upon a member's removal, his or her seat shall be declared vacant.
15) CITY SUPPORT
The City shall provide to the Advisory Committee necessary technical and administrative assistance as follows:
A) Preparation of and posting of public notices as required by the Brown Act; B) Ensuring that all notices to the public are provided in the same manner as notices regardin g meetings of the City Council;
C) Providing of a meeting room, including any necessary audio/visual equipment;
ATTACHMENT B
explanations and documentation from City staff. The annual meeting will also include the task of adopting an annual report of their findings for presentation to the City Council.
B) Special meetings may be called by the Advisory Committee’s chair. Special meetings may also be called by Advisory Committee members if three or more members petition the chair for a special meeting.
C) All meetings shall be held in the Stockton City Council Chambers or another room having space for the public to attend.
D) All meetings shall be open to the public in accordance with the Ralph M. Brown Act, Gov ernment Code Section 54950 et seq. Each member of the Advisory Committee will be given a current copy of the Ralph M. Brown Act.
E) A majority of the Advisory Committee members shall constitute a quorum for the transaction of any business.
F) Except as otherwise provided by adopted Advisory Committee policies, City Council Policy, or applicable law, meetings shall be conducted in accordance with Robert’s Rules of Order. 12) AUTHORIZED ACTIVITIES
A) Review copies of revenue and expenditure reports for the Strong Communities Fund.
B) Receive and review copies of the City’s annual independent audit which is required the ordinance.
C) Advisory Committee members shall not have the authority to direct staff of the City.
D) Individual members of the Advisory Committee retain the right to address the Council, either on behalf of the Committee or as an individual.
13) ANNUAL REPORT
Annually the Advisory Committee will submit a report to the City Council with the results of their work.
The report is also made available to the public.
14) VACANCIES AND REMOVAL
A) The City Council shall fill any vacancies on the Advisory Committee.
B) The City Council may remove any Advisory Committee member for any reason. Upon a member's removal, his or her seat shall be declared vacant.
15) CITY SUPPORT
The City shall provide to the Advisory Committee necessary technical and administrative assistance as follows:
A) Preparation of and posting of public notices as required by the Brown Act; B) Ensuring that all notices to the public are provided in the same manner as notices regardin g meetings of the City Council;
C) Providing of a meeting room, including any necessary audio/visual equipment;
ATTACHMENT B
D) Preparing and copying documentary meeting materia
ls, such as agendas and reports;
E) Retaining all Advisory Committee records, and providing public access to such re cords on an Internet website maintained by the City; and
F) Attending all Advisory Committee proceedings and answering Committee questions on the use of funds.
16) TERMINATION
The Advisory Committee shall automatically disband if the enabling ordinance is revoked. 17) ADVISORY COMMITTEE ETHICS POLICY STATEMENT
This Ethics Policy Statement provides general guidelines for the Advisory Committee members to following carrying out their roles. Not all ethical issues that Committee members face are covered in this Statement. However, this Statement captures some of the critical areas that help define ethical and professional conduct for Advisory Committee members. The provisions of this Statement were developed from existing laws, rules, policies and procedures as well as from concepts that define generally accepted good business practices. Committee members are expected to strictly adhere to the provisions of this Ethics Policy.
A) Conflict of Interest: An Advisory Committee member shall not make or influence a City decision related to any City purchase or contract which will benefit the committee member’s outside employment, business, or a personal finance or benefit an immediate family member, such as a spouse, child or parent.
B) Outside Employment: An Advisory Committee member shall not use his or her influence over a Committee matter to negotiate future employment with any person or organization that relates to a City purchase or contract. For a period of two years after leaving the Advisory Committee, a former Committee member may not represent any person or organization for compensation in connection with any matter pending before the City that, as a Committee member, he or she participated in personally and substantially.
C) Commitment to Uphold Law: An Advisory Committee member shall uphold the federal and California Constitutions, the laws and regulations of the United States and the State of California and all other applicable government entities, and the charter, policies, procedures, rules and regulations of the City.
RESPONSIBILITIES
Advisory Committee
Review whether expenditures of the funds comply with sales and use tax ordinance for provision of Library and Recreation services to improve the community.
ATTACHMENT B
Prepare report with the results of the fiscal year’s work and submit a report to the City Council which will be made available to the public.
RELEVANT AUTHORITY
Government Code and the Political Reform Act (Gov. Code §§ 81000 et seq.)- Articles 4 (commencing with Section 1090) and 4.7 (commencing with Section 1125) of Division 4 of Title 1 Ralph M. Brown Act
Measure M Ordinance (2016-06-07-1212)
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE None applicable
RELATED FORMS, DOCUMENTS, OR LINKS
Statement of Economic Interests Form 700
FREQUENTLY ASKED QUESTIONS
None applicable
UPDATE HISTORY
04/01/2017 - Adopted by Resolution No. 2017-04-01-0301
ATTACHMENT B
SUBJECT: ORIENTATION, SEMINAR,
APPOINTMENT
NUMBER: Title 3, Chapter 3.05
ADOPTED DATE:
9/8/86
RESOLUTION NUMBER:
86-0588
LAST AMENDED:
1/26/16
RESOLUTION NUMBER:
2016-01-26-1203
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
City Manager
POLICY
1) This policy shall establish orientation for newly elected or appointed members to the Stockton City Council.
2) It shall be policy that each new Councilmember within 60 days after the election or appointment attend the City Manager’s Orientation Seminar.
3) It shall be the City Manager’s responsibility to inform the newly elected/appointed City Councilmember(s) of the City’s Orientation Seminar.
4) The City Manager shall provide the Councilmember(s) with an itinerary outlining the program for the Orientation Seminar.
RESPONSIBILITIES
City Manager
Conduct City’s Orientation Seminar for new Councilmembers within 60 days of election or appointment Prepare an itinerary of the Orientation Seminar and provide it to Councilmembers City Councilmembers
Participate in City’s Orientation Seminar within 60 days of election or appointment
RELEVANT AUTHORITY
None applicable
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE None applicable
ORIENTATION OF NEW CI TY COUNCIL MEMBERS C HAPTER 3.05
ATTACHMENT B
RELATED FORMS, DOCUMENTS, OR LINKS
None applicable
FREQUENTLY ASKED QUESTIONS
None applicable
UPDATE HISTORY
9/8/86 - Adopted by Resolution No. 86-0588
7/6/87 - Amended by Resolution No. 87-0363
12/12/94 - Amended by Resolution No. 94-0587
ATTACHMENT B
SUBJECT: ORIENTATION, COMMISSIONER,
APPOINTMENT
NUMBER: Title 3, Chapter 3.06
ADOPTED DATE:
9/8/86
RESOLUTION NUMBER:
86-0588
LAST AMENDED:
1/26/16
RESOLUTION NUMBER:
2016-01-26-1203
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
City Clerk
POLICY
1) The City Clerk shall establish a formal Commissioner Orientation Program, to include the following components:
i) The appointee must take the oath of office before participating as a Commissioner. ii) The Commissioner should meet with key staff members, including the department head responsible for the Commission and the primary staff contact for the Commission, if other than the department head.
iii) The Commissioner should review the Commission Handbook and be briefed on: (1) the Commission’s formal role and relationship to the City Council, (2) the Commission’s meeting procedures and typical interaction with staff and City Council, (3) the Brown Act, conflict of interest requirements, and ethical training requirements, (4) technical aspects of the Commission’s jurisdiction, such as the types of issues that will be faced, and (5) key issues or projects that the Commission is or will be considering.
RESPONSIBILITIES
City Clerk
Establish a formal Commissioner Orientation Program
Commissioner
Participate in the Commissioner Orientation Program
RELEVANT AUTHORITY
None applicable
ORIENTATION OF NEW CO MMISSIONERS CHAPTER 3.06
ATTACHMENT B
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE None applicable
RELATED FORMS, DOCUMENTS, OR LINKS
Commission Handbook <LINK>
FREQUENTLY ASKED QUESTIONS
None applicable
UPDATE HISTORY
9/8/86 - Adopted by Resolution No. 86-0588
7/6/87 - Amended by Resolution No. 87-0363
12/12/94 - Amended by Resolution No. 94-0587
ATTACHMENT B
SUBJECT: GOVERNING, CITY COUNCIL
MEETINGS
NUMBER: Title 4, Chapter 4.01
ADOPTED DATE:
3/16/81
RESOLUTION NUMBER:
38,095
LAST AMENDED:
1/26/16
RESOLUTION NUMBER:
2016-01-26-1203
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
City Manager
POLICY
1) Because various provisions of the City Charter and Municipal Code relate to rules of conduct for City Council meetings, this section of the City Council Policy manual (CPM 300) consolidates such rules and procedures for ready reference and serves as comprehensive Council Meeting Policies and Procedures.
2) This s
ection of the City Council Policy manual (CPM 300) shall apply to the conduct of City Council meetings and to all meetings of Council appointed Boards, Commissions and Committees. 3) Perti
nent provisions of the City Charter, Stockton Municipal Code Chapter 2.04, and Council Resolutions related to meetings are hereby consolidated and presented for reference. i) General: Applicable City Charter, Article IV, Sections:
(1) SECTION 402. Meetings. The Council shall call and hold regular and special meetings in such manner and at such time and place within the City of Stockton as it may prescribe. (2) SECTION 403. Open Sessions. All legislative sessions of the Council, whether regular or special, shall be open to the public except for sessions closed to the public as permitted by law. The public shall have access to the minutes and records of sessions open to the public at all reasonable times in accordance with applicable law. (3) SECTION 404. Quorum. A majority of the members of the Council shall constitute a quorum for the transaction of business. Every member when present, must vote upon all propositions.
(4) SECTION 407. Qualifications of Members. The Council shall be the judge of the election and qualifications of its members. Except as otherwise provided in this Charter, the Council shall determine its rules of procedure. It may punish or expel any member for violation of its rules.
CITY COUNCIL MEETINGS CHAPTER 4.01
ATTACHMENT B
RESPONSIBILITIES
None applicable
RELEVANT AUTHORITY
City Charter
Stockton Municipal Code Chapter 2.04
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE None applicable
RELATED FORMS, DOCUMENTS, OR LINKS
None applicable
FREQUENTLY ASKED QUESTIONS
None applicable
UPDATE HISTORY
3/16/81 - Adopted by Resolution No. 38,095
2/22/82 - Amended by Resolution No. 38,894
4/21/86 - Amended by Resolution No. 86-0222
10/26/87 – Amended by Resolution No. 87-0583
5/7/90 – Amended by Resolution No. 90-0286
2/4/92 - Amended by Resolution No. 91-0110
6/7/93 – Amended by Resolution No. 93-0377
2/23/10 – Amended by Resolution No. 10-0041
12/17/13 – Amended by Resolution No. 2013-12-17-1213
ATTACHMENT B
SUBJECT:AGENDA, ITEM, POST NUMBER: Title 4, Chapter 4.01.010 ADOPTED DATE:
3/16/81
RESOLUTION NUMBER:
38,095
LAST AMENDED:
1/26/16
RESOLUTION NUMBER:
2016-01-26-1203
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
City Manager
POLICY
1) The City of Stockton’s City Council follows consistent policies and procedures regarding Council meeting agenda preparation and posting. Items presented to the City Council are the principal responsibility of the City Manager who shall be accountable for the Agenda material and content. 2) In addition to c
omplying with this policy, the City Manager will maintain and update an administrative directive and detailed citywide policy regarding the preparation and posting of Council meeting agendas.
3) The City Manag
er shall prepare an agenda for Council meetings and, when necessary, for the Successor Agency of the Redevelopment Agency of the City of Stockton ("Successor Agency"), in accordance with the proposed order of business and shall provide each member of the Council/Successor Agency, the City Clerk, City Attorney and City Auditor with a copy of the agenda at least 72 hours before each regular meeting of the City Council/Successor Agency. The Council/Successor Agency is prohibited from taking action on any item not appearing on the agenda unless the a Council/Successor Agency by a 2/3 vote majority determines that an "emergency situation" as that term is defined in Section 2.04.050 of the Stockton Municipal Code exists or that one of the exceptions under Government Code, Section 54954.2 (b) applies. 4) The City Manag
er will use discretion to determine which items should be placed on the consent agenda but the City Manager will not place an item on the consent calendar if it appears the Council will need more information or have specific questions as to the item, the public needs to hear the information concerning the item or the highlight will highlight positive accomplishments of the City.
The Council/Successor Agency may consider all items on the consent agenda at one time by roll call vote after a motion to approve such consent items has been made and seconded.
CITY COUNCIL MEETINGS - AGENDAS C HAPTER 4.01.010
ATTACHMENT B
5) New business exc
ept Council/Successor Agency comments and committee reports will not be considered after 11 p.m.
6) The Mayor and Ci
ty Manager will decide what items to place on the Council’s regular meeting agenda. Any Councilmember may request the Mayor to place an item on the agenda. If the Mayor does not agree to do so, the item will nevertheless be placed on a future agenda if, during an open session, the requesting Council member and at least one other Councilmember makes the request. 7) Other than f
or legally required second readings, no agenda item that the Council has voted on at a Council meeting shall appear on the agenda again so as to present the same or substantially the same question for Council consideration unless any one of the following has occurred:
i) A motion for reconsideration regarding the item has been passed pursuant to Rosenberg's Rules of Order.
ii) Six months have passed since the last meeting at which the item was voted on. iii) A majority of the entire Council membership has requested to have the item on the agenda again.
8) Posting Of Ag
enda
The City Clerk shall post an agenda in a location which is freely accessible to the public at least 72 hours before each regular meeting of the City Council.
RESPONSIBILITIES
City Manager
Accountable for the Agenda material and content
Decide what items to include on regular meeting agenda
Place items on regular meeting agenda as requested by Mayor and Council
RELEVANT AUTHORITY
Stockton Municipal Code Section 2.04.050
Government Code, Section 54954.2 (b)
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE Administrative Directive – Communication with City Council <IV.D> Citywide Policy - Reporting to the City Council <IV.D.a>
ATTACHMENT B
RELATED FORMS, DOCUMENTS, OR LINKS
Resolution Template <Link>
Sample Council Meeting Agenda <Link>
Transmittal Sheet Form <Link>
Presentation Template <Link>
Council Staff Report Template <Link>
Public Hearing Template <Link>
Council Committee Meeting Report Templates <Link>
FREQUENTLY ASKED QUESTIONS
None applicable
UPDATE HISTORY
3/16/81 - Adopted by Resolution No. 38,095
2/22/82 - Amended by Resolution No. 38,894
4/21/86 - Amended by Resolution No. 86-0222
10/26/87 – Amended by Resolution No. 87-0583
5/7/90 – Amended by Resolution No. 90-0286
2/4/92 - Amended by Resolution No. 91-0110
6/7/93 – Amended by Resolution No. 93-0377
2/23/10 – Amended by Resolution No. 10-0041
12/17/13 – Amended by Resolution No. 2013-12-17-1213
ATTACHMENT B
SUBJECT: MEETING, COUNCIL, SCHEDULE NUMBER: Title 4, Chapter 4.01.020 ADOPTED DATE:
3/16/81
RESOLUTION NUMBER:
38,095
LAST AMENDED:
1/26/2016
RESOLUTION NUMBER:
2016-01-26-1209
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
City Manager
POLICY
1) It is the policy of the City of Stockton’s City Council to hold regular meetings according to the following schedule and in the following location.
2) REGULAR MEETINGS
i)
Meeting Time and Schedule
(1) The Council will hold regular business meetings t
wice each month on every other Tuesday
at 5:30 p.m. on a consistent schedule unless there is no business need for a second meeting or a scheduling conflict exists; provided, however, that any such regular meeting at which a closed session is to be held may be commenced for the holding of such closed session at such earlier time on the meeting day as may be noticed on the Council’s agenda and posted at least 72 hours in advance of such earlier commencement time. In the event of any such earlier commencement of a regular meeting for the purpose of holding a closed session, no other items of business on the Council’s meeting agenda shall be addressed before 5:30 p.m. In case Tuesday falls upon a legal holiday, Christmas Eve or New Year’s Eve, then the regular meeting which otherwise would have occurred on that day shall be held on the first business day thereafter at the hour of 5:30 p.m. (2) The Council will hold regular business meetings as adopted in the annual Stockton City Council Meeting Calendar.
(3) The Mayor will provide a meeting schedule for the year based on these criteria. ii) Place
(1) All regular meetings of the Council shall be held in the Council Chambers, City Hall, Stockton, California.
CITY COUNCIL MEETINGS ‐ SCHEDULE &
LOCATION CHAPTER 4.01.020
ATTACHMENT B
3) SPECIAL MEETINGS
(1) A special meeting or study session may be called at any time by the Mayor or, in the absence of the Mayor, the Vice Mayor, or by a majority of the members of the City Council, by delivering personally or by electronic mail or mail written notice to each member of the City Council and to each local newspaper of general circulation, radio or television station re-questing notice thereof in writing. The notice shall be delivered personally or by electronic mail or mail and shall be received at least 24 hours before the meeting time specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at these meetings by the City Council.
(2) The call and notice shall be posted at least 24 hours prior to the meeting in a location that is freely accessible to members of the public.
(3) In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, the City Council may hold an emergency meeting without complying with either the 24-hour notice requirement or the 24-hour posting requirement or both of the notice and posting requirements.
(4) For the purposes of this section, “emergency situation” means any of the following:
(a) Work stoppage or other activity which severely impairs public health, safety or both, as determined by a majority of the members of the City Council, or (b) Crippling disaster which severely impairs public health, safety or both, as determined by a majority of the members of the City Council.
RESPONSIBILITIES
Mayor
Provide a meeting schedule for the year based on the criteria contained above RELEVANT AUTHORITY
None applicable
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE None applicable
RELATED FORMS, DOCUMENTS, OR LINKS
None applicable
ATTACHMENT B
FREQUENTLY ASKED QUESTIONS
None applicable
UPDATE HISTORY
3/16/81 – Adopted by Resolution No. 38,095
2/22/82 - Amended by Resolution No. 38,894
4/21/86 - Amended by Resolution No.86-0222
10/26/87- Amended by Resolution No. 87-0583
5/7/90- Amended by Resolution No. 90-0286
2/4/91- Amended by Resolution No. 91-0110
6/7/93- Amended by Resolution No. 93-0377
2/23/10- Amended by Resolution No.10-0041
ATTACHMENT B
SUBJECT: CLOSED SESSIONS, PUBLIC
REPORTS
NUMBER: Title 4, Chapter 4.01.030
ADOPTED DATE:
4/7/86
RESOLUTION NUMBER:
86-0191
LAST AMENDED:
1/26/16
RESOLUTION NUMBER:
2016-01-26-1203
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
City Attorney
POLICY
1) It is the intent of this policy to establish rules and guidelines governing the calling, conducting, and confidentiality of closed sessions held pursuant to the Ralph M. Brown Act, Government Code Sections 54950 et seq.
2) CALLI
NG CLOSED SESSIONS
i) Authority to Request
The Mayor, any three Councilmembers, the City Manager, or the City Attorney may request a closed session.
ii) Agendizing Closed Sessions
Closed sessions shall be described on the City Council agenda with the details specified on Agenda Descriptions for Closed Session Items (“Safe Harbor” Provisions). iii) Procedure to Recess
The Mayor shall announce the Government Code section authority and agenda item number for the closed session in the form specified in Announcement of Recess to Closed Session, and shall, if no Councilmember objects, then recess the Council to closed session. If any Councilmember objects to the proposed closed session, the Council shall not recess to such closed session unless a motion to do so is duly made, seconded, and carried.
3) PUBLI
C REPORTS
The City Attorney shall, unless disqualified, prepare any public reports required for litigation sessions. Such reports shall be filed with and retained by the City Clerk. The City Manager shall, unless disqualified, prepare any public reports required for non-litigation sessions. Such reports shall be filed with and retained by the City Clerk. In the event of such disqualification, the City Council shall designate the City Clerk or other officer or employee of the City to prepare any required public reports of closed sessions. For a summary of closed session reporting CITY COUNCIL MEETINGS - CLOSED SESSIONS CHAPTER 4.01.030
ATTACHMENT B
requirements, see Summary of Closed Session Reporting Requirements. Closed session reports shall be prepared using the forms Memo to File of Holding Closed Session on Litigation Matter. 4) CONFIDENT
IALITY OF CLOSED SESSIONS
Except as specified herein, all closed sessions of the Council are confidential. The disclosure of any confidential information from the closed session, unless authorized by the Ralph M. Brown Act or by a court of competent jurisdiction, shall constitute a violation of this Council policy and a violation of Council rules.
5) LENGTHY SESSIO
NS
Whenever the department requesting a closed session reasonably anticipates that the session will require more than 30 minutes to conclude, the department should request that the meeting be noticed to be held on the afternoon of the day of the regularly scheduled Council meeting.
RESPONSIBILITIES
Mayor
Announce agenda item for the closed session
City Manager
Prepare any public reports required for non-litigation sessions, unless disqualified City Attorney
Prepare any public reports required for litigation sessions, unless disqualified City Clerk
File and retain public reports
RELEVANT AUTHORITY
Ralph M. Brown Act, Government Code sections 54950 et seq. <Link>
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE None applicable
ATTACHMENT B
RELATED FORMS, DOCUMENTS, OR LINKS
Agenda Descriptions for Closed Session Items (“Safe Harbor” Provisions) <Exhibits A-1 and A-2> Announcement of Recess to Closed Session <Exhibit B>
Summary of Closed Session Reporting Requirements <Exhibits C-1 and C-2> Memo to File of Holding Closed Session on Litigation Matter <Exhibits D-1 through D-4>
FREQUENTLY ASKED QUESTIONS
None applicable
UPDATE HISTORY
4/7/86 - Adopted by Resolution No. 86,0191
6/11/90 - Amended by Resolution No. 90-0383
6/6/94 - Amended by Resolution No.94-0252
ATTACHMENT B
SUBJECT: LAND USE, HEARING, PLANNING
COMMISSION
NUMBER: Title 4, Chapter 4.01.040
ADOPTED DATE:
11/28/88
RESOLUTION NUMBER:
88-0740
LAST AMENDED:
1/26/2016
RESOLUTION NUMBER:
2016-01-26-1203
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
City Manager
POLICY
1) The City of Stockton shall conduct all land use hearings before the Planning Commission and Stockton City Council in accordance with the formal policy and procedural rules established below. 2) CONSTRUCTION AND EFFECT
A) These procedural rules shall be construed and applied so as to ensure a full and fair hearing of relevant evidence which is offered on a land use matter and to facilitate an orderly analysis of evidence and issues by the hearing body in such matters.
B) Adoption and implementation of these rules shall in no way be construed to constitute a waiver of the provisions of California Government Code Section 65010. 3) CONTINUANCES, PRIORITY AND COMBINATION OF HEARINGS
A) Continuances
When more than one item has been set for hearing at a particular time, the Chairperson, at the time set for such hearings, shall inquire of staff and the audience as to whether continuances are being requested on any of such items, and may order the hearing on any such item to be continued to a specified date and time; provided, however, that upon request of any member of the hearing body, continuance decisions shall be made by formal vote of all members present.
B) Priority
It shall be the policy in land use hearings to take up those items first which are of interest to the greatest number of persons present. When more than one item has been set for hearing at a particular time, the Chairperson, at the time set for such hearings, shall ascertain the number of persons present on each item, and may direct that such items be heard in an order different from that specified on the hearing body’s agenda; provided, however, that upon request of any member of the hearing body, decisions as to the priority of items shall be made by formal vote of all members present.
CITY COUNCIL HEARINGS - LAND USE C HAPTER 4.01.040
ATTACHMENT B
C) Combination of Agenda Items
At the discretion of the Chairperson, matters set for hearing at the same hour may be heard and considered together and decided by one combined motion provided that (a) no member of the hearing body objects to such combination; (b) a written staff report has been prepared and filed for each of the matters to be combined; and (c) all of the matters involve the same land. A separate resolution or ordinance shall be prepared for each matter decided by any such combined motion. 4) PRESENTATION OF EVIDENCE
A) Recordings
All hearings on land use matters shall be recorded by electronic device. Any person desiring to have a hearing recorded by a stenographic reporter at his or her own expense may do so, provided that he or she consults the hearing body’s clerk or secretary to arrange facilities for such reporting prior to commencement of the hearing and advises the clerk or secretary of the full name and business address and telephone number of the reporter being used.
B) Order of Procedure
Unless the Chairperson shall direct otherwise, the order for presentation of evidence on particular land use items shall be as follows:
a) Presentation of staff or Planning Commission report; b) Presentation of applicant or appellant;
c) Presentations of persons in favor of requested action; d) Presentations of persons in opposition to requested action; e) Rebuttal by applicant or appellant;
f) Closing comments by staff.
The Chairperson may alter the above order of procedure for a particular hearing unless a majority of the hearing body members who are present object to such alteration.
C) Swearing of Witnesses
Witnesses will not ordinarily be sworn unless a specific request therefor is made and granted prior to the taking of any testimony. The Chairperson may, upon request of any member of the hearing body or advice of the City Attorney, require that all witnesses be sworn before giving testimony in a particular matter. Witnesses may be sworn as a group prior to the presentation of the staff or Planning Commission report.
D) Rules of Evidence
The hearing need not be conducted according to technical judicial rules of evidence, but statutory and judicial rules regarding inferences and presumptions in civil litigation shall be applicable. Any relevant evidence may be considered if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. The Chairperson may exclude irrelevant or redundant testimony and may make such other rulings as may be necessary for the orderly
ATTACHMENT B
conduct of the proceedings while ensuring basic fairness and a full airing of the issues involved.
Evidentiary objections shall be waived unless timely made to the hearing body.
E) Burden of Proof
The burden of proof of all legal prerequisites to the granting of the relief or action sought shall be upon the party requesting such relief or action.
F) Exhibits and Staff Reports
a) Subject to the conditions stated below, all exhibits, including documentary materials such as photographs, slides, drawings, maps, charts, letters, petitions and other physical evidence presented at a land use hearing, shall be retained in the Community Development Department file as part of the record of the hearing.
b) All exhibits presented to the hearing body will be marked for purposes of identification.
Exhibits presented by City staff personnel will be marked in order numerically. Exhibits presented by persons other than City staff personnel will be marked in order alphabetically.
Each exhibit shall also be marked so as to indicate the number of the case, the date upon which it is presented, and the name of the person by whom it is presented. c) Any written staff report presented to the hearing body shall be marked as “Exhibit 1” and shall be made available to the public prior to, or at the beginning of, the hearing. d) Any staff exhibit (e.g., a general plan or overhead transparencies) which has been or will be used in other hearings need not be retained in a particular case file, but shall be preserved by the Community Development Department for future reference and a notation indicating its location shall be made in the case file in any matter in which it has been used. e) Scale models and other physical exhibits which cannot be conveniently retained in case files may be photographed at the expense of, and then released to, the person submitting them.
The photograph shall be entered in the file in place of the original exhibit, and a notation shall be made on the photograph as to where the original exhibit may be located. f) Any person referring to an exhibit during testimony shall indicate the number or letter designation assigned to such exhibit.
g) Upon timely objection in non-legislative hearings, petitions and letters signed by persons not present at the hearing for questioning as to their contents shall be received by the hearing body only for the limited purpose of showing the names of the persons protesting or supporting the action under consideration.
G) Oral Evidence
Any person desiring to speak must first be recognized by the Chairperson. All comments must be made clearly and distinctly into a microphone, and all speakers must first state their full names and addresses and the names of any persons in whose behalf they are appearing.
H) Time Limits and Number of Witnesses
In order to expedite the conduct of the hearing, the Chairperson may limit the amount of time which a person may use in addressing the hearing body. The Chairperson may also limit the
ATTACHMENT B
number of speakers or amount of testimony upon a particular issue in order to avoid repetitious and cumulative evidence. Except when necessary for immediate clarification of a particular point, no person shall be allowed to speak a second time until all others wishing to speak have had an opportunity to do so.
I) Questioning of Speakers
Any person desiring to direct a question to a speaker or staff member shall submit the question to the Chairperson, who shall determine whether the question is relevant to the subject of the hearing and whether or not it need be answered by the speaker or staff member. Direct questioning of speakers or staff members may be allowed at the discretion of the Chairperson.
J) Information Obtained Outside Public Hearing
Any member of the hearing body who has received evidence outside of the public hearing or has viewed the subject property or is familiar with the subject property shall disclose at the hearing such evidence, observations and familiarity with the property so that all interested persons may be aware of the information upon which the member is relying and have an opportunity to respond to such information.
K) Field Investigations
The hearing body may take field trips to view property or for other purposes relevant to the hearing. All field trips shall be taken as part of a regular, adjourned or special meeting of the hearing body, and all interested persons shall be afforded the opportunity to be present to view the property and hear any reports or comments. A record of the field trip shall be entered into the minutes so the hearing record will indicate that the field trip was taken into consideration as evidence.
5) DECISION
A) Voting
a) Approval of any request or appeal brought before the hearing body shall require the affirmative vote of not less than a majority of its members and may, if so specified by ordinance, require a greater number.
b) A motion to adopt or approve staff recommendations or simply to approve the action under consideration shall, unless otherwise particularly specified, be deemed to include adoption of all proposed findings and execution of all actions recommended in the staff report on file in the matter.
c) A member who is absent from any portion of a hearing conducted by the hearing body may vote on the matter at the time it is acted upon by the hearing body provided that the member (1) has listened to the tape recording made of any portion of the hearing from which said member was absent; (2) has examined all of the exhibits presented during any portion of the hearing from which said member was absent; and (3) so states for the record prior to voting.
ATTACHMENT B
B) Findings
On any matters which require the preparation of written findings, the staff report submitted on the matter shall contain findings proposed for adoption by the hearing body. Any motion directly or impliedly rejecting such proposed findings must include a statement of alternative or modified findings or a direction that the matter under consideration be continued for a reasonable amount of time in order for staff to prepare a new set of proposed findings consistent with the evidence which has been presented and the decision which is anticipated.
RESPONSIBILITIES
None applicable
RELEVANT AUTHORITY
California Government Code Section 65010
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE None applicable
RELATED FORMS, DOCUMENTS, OR LINKS
None applicable
FREQUENTLY ASKED QUESTIONS
None applicable
UPDATE HISTORY
11/28/88 - Adopted by Resolution No. 88-0740.
At a meeting of the Stockton City Council, staff was directed to draft written rules of procedure consistent with applicable laws and City ordinances. These rules of procedure were adopted by this Council Resolution.
ATTACHMENT B
SUBJECT: RULES, ROSENBERG, DEBATE,
PRESIDING, COMMUNICATION
NUMBER: Title 4, Chapter 4.02
ADOPTED DATE:
3/16/81
RESOLUTION NUMBER:
38,095
LAST AMENDED:
1/26/16
RESOLUTION NUMBER:
2016-01-26-1203
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
City Manager
POLICY
1) ROSENBERG’S RULES OF ORDER
The City Council adopts Rosenberg’s Rules of Order unless provided otherwise in this Policy. 2) USE OF ELEC
TRONIC COMMUNICATION DEVICES
The Council's use of electronic communication devices, such as cell phones, during a City Council meeting may lead to the public's perception that a Council member is not paying attention to the subject matter at hand or that a Council member is receiving information relative to the subject matter at hand that other Council members and members of the public are not receiving, either one of which is inimical to good government and transparency. Therefore, the Council's use of electronic communication devices (including cell phones), other than for the purpose of accessing agenda materials that are on a Council member's tablet or laptop computer, is prohibited during Council meetings.
3) DUTIES OF P
RESIDING OFFICERS
i) The Presiding Officer--Election and Duties. The presiding officer of the Council shall be the Mayor who shall be elected as provided in the Stockton City Charter. The Mayor shall preserve strict order and decorum at all meetings, announce the decisions of the Council and decide all questions of order consistent with Rosenberg's Rules of Order subject, however, to an appeal to the Council, in which event a two-thirds vote of the Council shall govern and conclusively determine such questions of order.
ii) Call to Order—Presiding Officer. The Mayor or, in his or her absence, the Vice Mayor shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Council to order. In the absence of the Mayor or Vice Mayor, the City Clerk, or his or her deputy, shall call the Council to order, whereupon a temporary chairperson shall be elected by the members of the Council present. Upon the arrival of the Mayor or Vice Mayor, the temporary chairperson CITY COUNCIL MEETINGS – ROLES AND RULES C HAPTER 4.02
ATTACHMENT B
shall immediately relinquish the chair upon the conclusion of the business immediately before the Council.
4) RULES OF DEBATE
i) E
xcept as provided below, the City Council will follow the latest version of Rosenberg's Rules of Order.
ii) Presiding Officer May Debate and Vote
The Mayor or Vice Mayor or such other member of the Council as may be presiding may move, second, and debate from the Chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of these rights and privileges of a Councilmember by reason of acting as the presiding officer. iii) Getting the Floor—Improper References
Every member desiring to speak shall address the Chair, and, upon recognition by the pre- siding officer, shall confine all remarks to the question under debate, avoiding all personalities and indecorous language.
iv) Interruptions
A member, once recognized, shall not be interrupted when speaking unless it is to call said member to order, or as herein otherwise provided. If a member, while speaking, be called to order, said member shall cease speaking until the question of order is determined, and, if in order, he/she shall be permitted to proceed.
v) Time Limit
Every member, once recognized, shall be limited in their debate to five minutes and shall, upon expiration of said time, relinquish the floor.
vi) Privilege of Closing Debate
The Councilmember making the motion shall have the privilege of closing the debate. vii) Remarks of Councilmembers— When Entered in Minutes A Councilmember may request, through the presiding officer, the privilege of having a writ-ten abstract of said member’s statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes. 5) ADDRESSING THE
COUNCIL
Any person desiring to address the Council shall first secure the permission of the presiding officer to do so; provided, however, that under the following headings of business, unless the presiding officer rules otherwise, any qualified and interested person shall have the right to address the Council upon obtaining recognition by the presiding officer. i) Written Communications
Interested parties or their authorized representatives may ad-dress the Council by written communications in regard to matters then under discussion.
ATTACHMENT B
(1) Material that is submitted to the City Clerk one business day before the regular meeting, special meeting or workshop will be transmitted to the City Council prior to the meeting or workshop and made available to the public.
(2) Material that is submitted to the City Clerk on the day of the meeting or workshop will be copied and placed on the dais prior to the meeting or workshop and made available to the public.
(3) Material that is presented at a meeting or workshop will be, to the extent practical, scanned and distributed to the City Council and made available to the public. ii) Oral Communications
Persons may address the Council by oral communications on any matter concerning the City’s business, or any matter over which the Council has control. Speakers may submit “Request to Speak” cards to the City Clerk who shall number them in the order in which they are received.
The presiding officer shall call upon such persons to speak in such order, unless he or she determines that a different order is necessary to facilitate the conduct of the meeting. iii) Visual Presentations
Members of the public wishing to use electronic media when addressing Council must provide the electronic file to staff for screening no later than noon six days prior to the meeting. For example, for the Tuesday meeting, the electronic file must be provided to City staff by noon on the preceding Wednesday.
Screening ensures that the material is in a format capable of broadcast or presentation over the audiovisual system, assures that the material is germane to the agenda item and assures that the material is legally appropriate for broadcast over the audiovisual system and cable. No visual materials may be displayed through the audiovisual system that City staff has not screened.
(1) Visual materials include any visual or textual items that are to be displayed through the audiovisual system irrespective of their specific format or media. This includes, without limitation, photographs, audio and video presentations, charts, computer presentations, computer screen images, posters and flyers, whether in physical or electronic format. (2) The name of the person or the name of organization presenting the visual material must be included in the footer on every slide. If the presenter is representing a party to an appeal, the status of the party must also be included in the footer. (3) Visual Presentations during Public Comments are limited to five minutes, which includes the time necessary for oral remarks and all visual presentation.
Visual materials do not include items held or worn by a speaker at the podium or worn by a member of the audience, even though such items may be televised through the cameras that view the audience and the dais.
iv) Public Hearings and Protests, etc.
ATTACHMENT B
Persons may address the Council by reading of protests, petitions, or communications relating to zoning, sewer and street proceedings, hearings on protests, appeals and petitions, or similar matters, in regard to matters then under consideration. v) Addressing the Council After Motion is Made
After a motion is made by the Council, no per-son shall address the Council without first securing the permission of the Council to do so.
vi) Manner of Addressing Council--Time Limit
Persons addressing the Council shall step up to the podium and may give their name and address in an audible tone of voice.
(1) All remarks shall be addressed to the Council as a body and not to any member. No person, other than the Council and the person having the floor shall enter into any discussion, either directly or through a member of the Council, without the permission of the presiding officer.
No question shall be asked of a Councilmember except through the presiding officer. (2) All comments, including visual presentations, presented to the Council under any agenda item shall be limited to a maximum of five minutes but the presiding officer may waive this limitation when deemed necessary to accommodate more fully a citizen's request to be heard.
6) MISCELLANE
OUS
All reports and resolutions shall be filed with the City Clerk and entered on the minutes.
PROCEDURE
1) Except as provided below, the City Council will follow the latest version of Rosenberg's Rules of Order.
2) Roll Call
Before proceeding with the business of the Council, the City Clerk or his or her deputy shall call the roll of the members, and the names of those present shall be entered in the minutes. 3) Quorum
A majority of all the members elected to the Council shall constitute a quorum at any regular or special meeting or study session of the Council.
4) Order of Business
All meetings of the Council shall be open to the public, except for closed sessions as permitted by law. The Council shall provide by resolution the order of business for regular meetings of the Council, and shall provide therein for public comment as required by law. In attendance shall be the City Manager, the City Clerk, and the City Attorney or their authorized designees. 5) Reading of Minutes
ATTACHMENT B
The Clerk will read a synopsis of the minutes of the previous Council meeting at each Council meeting. Such reading of the minutes may however be dispensed with provided that the Clerk has previously furnished each member with a synopsis thereof. 6) Adjournment
A motion to adjourn shall always be in order and decided without debate.
RESPONSIBILITIES
City Clerk
File all reports and resolutions
RELEVANT AUTHORITY
City Charter Section 500; Stockton Municipal Code 2.04.010
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE None applicable
RELATED FORMS, DOCUMENTS, OR LINKS
None applicable
FREQUENTLY ASKED QUESTIONS
None applicable
UPDATE HISTORY
3/16/81 - Adopted by Resolution No. 38,095
2/22/82 - Amended by Resolution No. 38,894
4/21/86 - Amended by Resolution No. 86-0222
10/26/87 – Amended by Resolution No. 87-0583
5/7/90 – Amended by Resolution No. 90-0286
2/4/92 - Amended by Resolution No. 91-0110
6/7/93 – Amended by Resolution No. 93-0377
2/23/10 – Amended by Resolution No. 10-0041
12/17/13 – Amended by Resolution No. 2013-12-17-1213
ATTACHMENT B
POLICY
1) COUNCIL MEMBERS
The City Council will practice civility and decorum in their discussions and debate. Council members will value each other's time and will preserve order and decorum. A member shall neither, by conversation or otherwise, delay or interrupt the proceedings of the Council, use personal, impertinent or slanderous remarks, nor disturb any other member while that member is speaking or refuse to obey the orders of the presiding officer or the Council, except as otherwise provided herein.
i) All Council members have the opportunity to speak and agree to disagree but no Council member shall speak twice on any given subject unless all other Council members have been given the opportunity to speak.
ii) The Mayor has the affirmative duty to maintain order. The City Council will honor the role of the Mayor in maintaining order. If a Council member believes the Mayor is not maintaining order, the Council member may move that the Vice-Mayor enforce the rules of decorum and otherwise maintain order. If that motion receives a second and is approved by a Council majority, the Vice- Mayor shall enforce the rules of decorum and maintain order. iii) Any Council member who violates the rules repeatedly shall be sanctioned by the City Council including, but not limited to, barring the Council member from further participation (other than voting) on the subject.
2) PERSONS ADDRESSIN
G THE CITY COUNCIL
Persons addressing the Council shall not make personal, impertinent, unduly repetitive, slanderous or profane remarks to the Council, any member of the Council, City staff or the general public, nor utter loud, threatening, personal or abusive language, nor engage in any other conduct that disrupts, disturbs or otherwise unreasonably impedes the orderly conduct of the Council meeting.
Any person who makes such remarks, who utters loud, threatening, personal or abusive language, who is unduly repetitious or engages in extended discussion of irrelevancies, or who engages in SUBJECT: DECORUM, COUNCIL,
ENFORCEMENT
NUMBER: Title 4, Chapter 4.03
ADOPTED DATE:
3/16/81
RESOLUTION NUMBER:
38,095
LAST AMENDED:
1/26/16
RESOLUTION NUMBER:
2016-01-26-1203
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
City Manager
CITY COUNCIL MEETINGS - DECORUM CHAPTER 4.03
ATTACHMENT B
any disorderly conduct that disrupts, disturbs or otherwise unreasonably impedes the orderly conduct of any Council meeting shall, at the discretion of the presiding officer or a majority of the Council, be barred from further audience before the Council during that meeting. 3) ENFORCEMENT
The
rules of decorum set forth above shall be enforced in the following manner:
Warning. The presiding officer shall request that a person who is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer shall order him or her to leave the Council meeting. If such person does not remove himself or herself, the presiding officer may order any law enforcement officer who is on duty at the meeting to remove that person from the Council Chambers.
4) RULES PERTAINI
NG TO SIGNS, OBJECTS, SYMBOLIC MATERIALS, AND FIRE SAFETY
WITHIN THE COUNCIL CHAMBERS DURING COUNCIL MEETINGS
i) Objects and symbolic materials such as signs which do not have sticks attached or otherwise create any fire or safety hazards will be allowed within the Council Chamber during Council meetings provided that they are not so large as to infringe upon the space of those in adjacent areas, and are no wider on their longest side than the audience chairs. ii) Persons with objects and symbolic materials such as signs must remain seated when displaying them except when making an oral presentation to the Council and must not raise them above shoulder level or otherwise use them to obstruct vision or passage or disturb the conduct of the Council meeting. Such materials may not be placed on or against the walls, doors or furniture or in the aisles.
iii) Exits shall not be obstructed in any manner. Obstructions, including storage, shall not be placed in aisles or other exit ways. Hand carried items must be stored so that such items do not inhibit passage in aisles or other exit ways.
iv) Exit ways shall not be used in any way that will present a hazardous condition. v) Overcrowding and admittance of persons beyond the approved capacity of a place of assembly are prohibited.
vi) The Fire Marshal may establish designated areas for media equipment. 5) PERSONS AUTHO
RIZED WITHIN RAIL
No person except City officials and City staff shall be permitted within the rail in front of the City Council dais without the express consent of the presiding officer.
ATTACHMENT B
RESPONSIBILITIES
Mayor
Affirmative duty to maintain order
RELEVANT AUTHORITY
City Charter Section 400; Stockton Municipal Code 2.04.010
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE None applicable
RELATED FORMS, DOCUMENTS, OR LINKS
None applicable
FREQUENTLY ASKED QUESTIONS
None applicable
UPDATE HISTORY
3/16/81 - Adopted by Resolution No. 38,095
2/22/82 - Amended by Resolution No. 38,894
4/21/86 - Amended by Resolution No. 86-0222
10/26/87 – Amended by Resolution No. 87-0583
5/7/90 – Amended by Resolution No. 90-0286
2/4/92 - Amended by Resolution No. 91-0110
6/7/93 – Amended by Resolution No. 93-0377
2/23/10 – Amended by Resolution No. 10-0041
12/17/13 – Amended by Resolution No. 2013-12-17-1213
ATTACHMENT B
SUBJECT: CENSURE, VIOLATION,
MISCONDUCT
NUMBER: Title 4, Chapter 4.04
ADOPTED DATE:
12/17/13
RESOLUTION NUMBER:
2013-12-17-1213
LAST AMENDED:
1/26/16
RESOLUTION NUMBER:
2016-01-26-1203
COUNCIL POLICY CONTACT:
City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:
City Manager
POLICY
1) In order to deter violations of law and serious violations of adopted City policies, the City Council may take formal action against its members for such misconduct in the form of censure. 2) Censure is a formal Resolution of City Counsel reprimanding one of its own members for specified conduct, generally a violation of law or of City policy where the violation of policy is considered to be a serious offense.
3) Censure should not follow an occasional error in judgment, which occurs in good faith and is unintentional.
4) Censure carries no fine or suspension of the rights of the member as an elected official but a censure is a punitive action that serves as a punishment for wrongdoing.
PROCEDURES
1) Any two members of the City Council may submit, in writing to the City Clerk, a complaint and request for a censure hearing concerning an alleged violation of law or serious violation of City policies by another member. The complaint shall provide specific allegations and any supporting evidence of specific conduct alleged to violate existing law or adopted City policies. The City Clerk shall place this matter on an agenda at a regular City Council meeting. 2) At that mee
ting, the Council members who did not submit the complaint and the Council member who is not the subject of the censure complaint may, by unanimous vote, direct the censure hearing not proceed. Otherwise, the Mayor shall appoint a Council ad hoc committee to review the complaint as set forth in Section 4 below. Council members who made the complaint shall not serve on the ad hoc committee. In even numbered years, the ad hoc committee shall be the Mayor and two Council members from Districts 2, 4, or 6. In odd numbered years, the ad hoc committee shall be the Mayor and two Council members from Districts 1, 3, or 5. If the Mayor is either one of the Council members who submitted the complaint or is the subject of the censure complaint, the Vice- CITY COUNCIL MEETINGS – COUNCIL CENSURE C HAPTER 4.04
ATTACHMENT B
Mayor shall serve on the committee and make the other appointment as provided above. If both the Mayor and the Vice-Mayor have submitted the complaint, the Council member with the longest tenure (and who is not the subject of the complaint) shall serve on the committee and make the appointment as provided above. If two or more Council members have the same longest tenure, the Council members shall draw straws as to who will serve on the committee and make the other appointment. The make up of the ad hoc committee as described above is the general rule; depending on which Council members have made the complaint and/or which Council member is the subject of the complaint, the make up of the ad hoc committee is flexible. 3) A copy of
the complaint and request for censure shall be provided to the accused Council member as soon as possible following receipt, but in no event less than 72-hours prior to the meeting of the ad hoc committee at which the complaint and request for a censure hearing will be considered. 4) The ad hoc co
mmittee shall review the allegations of the complaint, conduct whatever investigation into the allegations of the complaint is necessary, and prepare a report and recommendation on the complaint to the full City Council.
5) The ad hoc co
mmittee shall be staffed by the administrative support staff as may be necessary to assist in its investigation and report to the Council.
6) Upon complet
ion of its review of the complaint and any investigation, the committee shall determine if, considering all the facts and evidence, there are reasonable grounds to believe or not believe that the alleged violation of law or serious violation of adopted City policy occurred. The ad hoc committee shall make a written report to the Council stating the specific law or policy alleged to have been violated, and summarizing the complaint, evidence, and the results of any additional investigation. The ad hoc committee shall also make a recommendation to the Council that the complaint is supported by sufficient evidence of a violation of law or serious violation of adopted City policy to warrant a censure hearing, or, alternatively, that the complaint is not supported by sufficient evidence of a violation of law or serious violation of adopted City policy to warrant a Council censure hearing.
7) If the ad hoc
committee determines that the allegations are supported and a censure hearing is warranted, the committee shall direct the City Clerk to forward its report and recommendation to the entire City Council and set the matter for a public censure hearing before the City Council. If the ad hoc committee concludes that the allegations are not supported and a censure hearing is not warranted, the ad hoc committee shall direct the City Clerk to forward the committee’s report and recommendation to the entire City Council and no further action on the complaint will be taken
ATTACHMENT B
unless a City Council majority directs during Council Communications the matter to be placed on its agenda for further consideration.
8) If a publi
c hearing is set before the City Council, prior to any formal action by the City Council to censure a member, there person against whom censure is sought is entitled to due process of law, which requires notice, an opportunity to be heard, including the opportunity to refute evidence against him/her.
9) The heari
ng shall be far enough in advance to give the member subject to censure adequate time to review the allegations and evidence against him or her and prepare a defense, but no longer than 30 days from the date of the ad hoc committee’s recommendation. 10) At t
he hearing, the member shall be given an opportunity to be heard. 11) A Cit
y Council decision to censure requires the adoption of a Resolution making findings, based on substantial evidence that the member has engaged in conduct that constitutes a violation of law or a serious violation of an adopted City policy. The resolution must be affirmed by at least four affirmative votes of the Council. The accused Council member shall not participate in the City Council’s deliberations after the public hearing is closed or in any vote by the City Council on the proposed censure.
RESPONSIBILITIES
City Clerk
Place allegations of policy violations on agenda for City Council meeting Mayor
Appoint a Council ad hoc committee to review complaint
City Council Members
Determine whether censure hearing should proceed
If selected, serve on ad hoc committee to review complaint
RELEVANT AUTHORITY
The authority for a City Council to censure one of its own members stems from State law. Government Code section 36813 provides for a legislative body to establish rules for the conduct of its proceedings
ATTACHMENT B
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE None applicable
RELATED FORMS, DOCUMENTS, OR LINKS
None applicable
FREQUENTLY ASKED QUESTIONS
None applicable
UPDATE HISTORY
12/17/13 - Adopted by Resolution No. 2013-12-17-1213
ATTACHMENT B
POLICY
BACKGROUND
Section 1903 of the City Charter and Chapter 19.03 of the Stockton Municipal Code require that the City Council adopt a reserve policy that is intended to prudently protect the fiscal solvency of the City. The former City Council Policy was adopted in 2006 and had not been updated since the City entered the severe fiscal crisis. During the Bankruptcy, the City Council adopted Annual Budgets with reserves that were consistent with the Court approved Plan of Adjustment, which were based upon the Long-Range Financial Plan (“L-RFP”). In March 2016, an updated policy was adopted reflecting best practices, consistent with Council goals and the L-RFP.
While appropriate at the time, the City emerged from bankruptcy and the previous current 10% reserve, as measured by the need to file bankruptcy, was inadequate and needs to be increased based upon the risks to ensure fiscal solvency.
Additionally, the policy has been developed to comply with the direction set forth in Government Accounting Standards Board (“GASB”) Statement No. 54 Fund Balance Reporting and Governmental Fund Type Definitions which establishes a hierarchy of fund balance classifications.
PURPOSE
It is the purpose of this policy to establish reserve targets and minimum levels of unassigned and committed fund balances to be maintained in the General Fund based upon various contingencies and risks faced by the City as determined by a review of the Government Finance Officers Association (“GFOA”) best practices, SUBJECT: RESERVE POLICY, GENERAL
FUND
NUMBER: TITLE 5, CHAPTER 5.01
ADOPTED DATE:
1/7/2006
RESOLUTION NUMBER:
06-0299
LAST AMENDED:
10/3/2017
RESOLUTION NUMBER:
2017-10-03-1104
COUNCIL POLICY CONTACT:
City Manager
CITY DEPARTMENT CONTACT:
CFO, Administrative Services
Department, City Treasurer
RESERVE AND FUND BALANCE POLICY CHAPTER 5.01
GENERAL FUND
ATTACHMENT B
case studies and other cities’ policies to ensure that the City is able to respond to the challenges presented by changing economic conditions.
POLICY
There are almost always important limitations on the purpose for which all or a portion of the resources of a governmental fund can be used. The forces of these limitations can vary significantly, depending upon their source. Therefore, the various components of fund balance are designed to indicate “the extent to which the City is bound to honor constraints on the specific purposes for which amounts in the fund can be spent.” Fund balance is categorized in five classifications, depicting the relative strength of the spending constraints placed on the purposes for which the resources can be used. In accordance with GASB Statement No. 54 the following fund balance classifications will be used in reporting activity in governmental funds.
∑ Non-spendable, amounts that are inherently non-spendable either because they are not in spendable form (inventory, prepaid items, endowment) or the portion of resources that cannot be spent because they must remain intact (long term advances, notes and loans) or are legally or contractually required to remain intact.
∑ Restricted, portions of fund balance represents amounts that can only be used for specific purposes because of limitations imposed by creditors, grantors, laws or regulations.
∑ Committed, amounts that are set-aside for specific contingencies by the governing board of an agency and requires formal action of the governing board to remove.
∑ Assigned, amounts intended to be used by the government for specific purposes. Intent can be expressed by the governing board or an official of the agency authorized by the governing board. In funds other than the General Fund this classification represents the amount that is not restricted or committed.
∑ Unassigned, (formerly called “unrestricted” or “unreserved”) is the residual classification of the General Fund and includes all amounts not contained in other classifications. Unassigned fund balance is technically available for any purpose.
The following reserves will be maintained by the City. The reserves will be categorized in two priorities. Priority 1 reserves will include Working Capital and
ATTACHMENT B
Known Contingencies. Priority 2 reserves will include risk based reserves. The reserves are described below.
Working Capital. Two months or 16.67% of operating expenditures and transfers-out of the unassigned fund balance shall remain unspent and shall serve the working capital “reserve” in order to accommodate normal fluctuations in the timing of revenues and unforeseen operational costs. The two (2) month or 16.67% level is the GFOA recommended minimum benchmark for working capital.
Committed (or Assigned) Fund Balance Priority I - Known Contingencies .
Priority I are Known Contingencies for which fund balance must be set aside to address these contingencies. Initial Known Contingencies are funding for the City Hall after the eight (8) year lease expires, funding the increased obligations resulting from the proposed change in CalPERS assumptions which would reduce the earnings rate resulting in a one-time increase in the actuarial liability, and a program to address market conditions that result in the inability to Recruit and Retain staff.
Committed Fund Balance Priority II - Risk Based Reserves . Additional fund balance will be set-aside for four additional risk based contingencies. ∑ Contingent Liabilities. The Contingent Liabilities set-aside is to mitigate the impact of litigation expenses and other unforeseen liabilities which are infrequent and non-routine in nature and are of such magnitude that they would have a major impact upon the City’s budget. The calculation of the cost of mitigating the Contingent Liabilities will be determined annually during the budget process.
∑ Revenue Volatility. The Revenue Liability set-aside is to mitigate the impact of large swings in revenue resulting from declines in the Property Tax, Sales Tax, and Utility User Taxes. The calculation of the amount needed will be based upon the revenue volatility in past recessions and will be determined annually during the budget process.
∑ Infrastructure Failure. The Infrastructure Failure set-aside is to mitigate the risk of major losses in Building and Improvements, Machinery and Equipment, Infrastructure Government and Construction in Progress. The calculation of the cost of mitigating each of these categories will be determined annually during the budget process.
∑ Extreme Events. The Extreme Events set-aside is to mitigate the risk of catastrophic losses due to earthquakes, floods, and fires, etc. which would
ATTACHMENT B
require immediate funding to address and without which the City would be unable to carry out its mission.
PROCEDURES
1. Available resources as determined annually through the closing of the financial records and development of the next year’s budget, will be used as a basis for funding reserve targets. These available resources or available fund balance are generally one-time in nature as derived from one-time revenues or one-time expenditure savings. Reserve targets will be set annually based upon financial elements of the Annual Budget and in consideration of the Long-Range Financial Plan. The amounts to be allocated to each reserve will be based upon the prior year financial statements from the most recent audit and will be adjusted as needed based upon the most current financial information.
2. An amount equal to two months or 16.67% of operating expenditures and transfers-out based upon the Annual Budget and evaluated annually shall remain in the unassigned fund balance for the Working Capital reserve.
3. The target amount to be allocated to Committed (or Assigned) Fund Balance for Known Contingencies shall be evaluated annually. Initial Known Contingencies are funding for the City Hall after the eight (8) year lease expires, funding the increased obligations resulting from the proposed change in CalPERS assumptions which would reduce the earnings rate resulting in a one-time increase in the actuarial liability, and a program to address market conditions that result in the inability to Recruit and Retain staff.
4. The target amount for Priority II reserves to be allocated to Committed Fund Balance is equal to 95% of the available fund balance after subtracting the amounts needed for the Working Capital and Known Contingencies reserves. This portion of the Priority II reserves to establish reserves for Risk-Based areas are;
∑ The Revenue Volatility reserve target will be 19 percent of the projected property, sales, utility and other taxes
∑ The Infrastructure Fail
ure reserve target will be two percent of the
identified capital improvements to address deferred maintenance needs
∑ The Extreme Events reserve target w
ill be two percent of physical
asset values including buildings, machinery, infrastructure and construction in process
ATTACHMENT B
∑ Other Contingent liabilities such as unforeseen events or claims against the City will be calculated annually during the Annual Budget process
5. The remaining 5% of available fund balance not allocated to Priority I or Priority II reserves may be allocated for one-time City Council priorities.
6. City Council approval by a majority will be required before appropriating funds designated from Priority I reserves.
7. City Council approval by a super majority (6 out of 7) will be required before appropriating funds from Priority II reserves.
RESPONSIBILITIES
Responsibilities are held with the Chief Financial Officer RELEVANT AUTHORITY
Section 1903 of the City Charter
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY
PROCEDURE
Not applicable
RELATED FORMS, DOCUMENTS, OR LINKS
Not applicable
FREQUENTLY ASKED QUESTIONS
Not applicable
UPDATE HISTORY
07-01-2006 – Adopted by City Council Resolution 06-0299 01-26-2016 – Amended by City Council Resolution 2016-01-26-1203 03-29-2016 – Adopted by City Council Resolution 2016-03-29-1501
ATTACHMENT B
SUBJECT: INTERFUND LOAN NUMBER: TITLE 5, CHAPTER 5.02
ADOPTED DATE: RESOLUTION NUMBER:
LAST AMENDED: RESOLUTION NUMBER:
COUNCIL POLICY CONTACT:
City Manager
CITY DEPARTMENT CONTACT:
CFO, Administrative Services Department,
City Treasurer
POLICY
The Governmental Accounting Standards (GASB) provides guidance regarding classifying and reporting interfund transactions/loans in its Statement 34, ¶112(a).1.
An interfund loan is a temporary allocation of resources between individual government funds. These temporary loans are provided with a requirement for repayment. Most interfund loans are generated from normal cash activities and repaid within 12 months.
Some interfund loans are anticipated to be more long term and require certain authorizations and treatment on the City’s Financial Statements.
RESPONSIBILITIES
The Chief Financial Officer is responsible for implementation of financial policies related to the subject matter of City Council Policy Title – 5 Financial Management.
GASB 34
RELEVANT AUTHORITY
Stockton Charter Section 1900
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE Chapter 17.01 – Citywide Directive – Financial Management INTERFUND LOAN CHAPTER 5.02
10/3/2017 2017-10-03-1104
ATTACHMENT B
Chapter 17.01 – Citywide Policies 17.01.020
RELATED FORMS, DOCUMENTS, OR LINKS
Not applicable
FREQUENTLY ASKED QUESTIONS
Not applicable
UPDATE HISTORY
Not applicable
ATTACHMENT B
SUBJECT: INVESTMENT NUMBER: TITLE 5, CHAPTER 5.03
ADOPTED DATE: RESOLUTION NUMBER:
LAST AMENDED: RESOLUTION NUMBER:
COUNCIL POLICY CONTACT:
City Manager
CITY DEPARTMENT CONTACT:
CFO, Administrative Services
Department, City Treasurer
POLICY
The City of Stockton will invest funds in a manner that provides foremost for the safety of principal while meeting the short and long term cash flow demands of the City and conforming to all statutes governing the investment of City funds.
The City Council authorizes the City Manager to delegate the authority to the Chief Financial Officer (CFO) to be responsible for the implementation and management of the City of Stockton’s financial investments related to all cash, operating, and surplus funds included within the City’s audited financial statements and held directly by the City.
Investments shall be made with judgment and care, under the circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs; not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.
Investments shall be made in accordance with the “Prudent Investor” standard, as described in California Government Code Section 53600.3, which states: “Except as provided in subdivision (a) of Section 27000.3, all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters INVESTMENT CHAPTER 5.03
2017-10-03-110410/3/2017
ATTACHMENT B
would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law.”
Within the overriding requirement of compliance with all Federal, State and local laws governing the investment of monies under the control of the Treasurer, and as specified in the California Government Code section 53600.5, when investing, reinvesting, purchasing, acquiring, exchanging, selling and managing public funds, the primary objectives, in priority order, of the investment activities shall be:
1. Safety. Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the portfolio. To attain this objective,
2. Liquidity. The investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated.
3. Return on Investment. The City’s investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City’s investment risk constraints and cash flow requirements.
DELEGATION OF AUTHORITY
California Government Code section 53607 allows for the delegation of investment activities to the Treasurer of the City for periods of one year. The Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials, and their procedures in the absence of the Treasurer. The delegation, subject to review, is renewable on an annual basis and is to be included as part of the adoption of the annual budget to have the authority in place at July 1 of each year.
The Treasurer may delegate the day-to-day execution of investments to a SEC- registered investment advisor, via written agreement approved by City Council. The Advisor, in coordination with the Treasurer, will manage the City’s investment portfolio in accordance with this Investment Policy, the stated investment objectives of the City, and any such other written instructions provided by the Treasurer. The Advisor will also assist in security settlement.
I. Ethics and Conflicts of Interest
The Treasurer and any designated employees are prohibited from personal business activity that could conflict with the proper execution of the investment program, or which could impair their ability to make impartial investment
ATTACHMENT B
decisions, or which could give the appearance thereof. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business to the Treasurer. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Furthermore, these same individuals are prohibited from undertaking personal investment transactions with any individual with whom business is conducted on behalf of the City. The State of California Fair Political Practices Commission Statement of Economic Interests, Form 700, shall be completed on an annual basis by the Treasurer and any designee of the Treasurer.
II. Internal Controls
The Treasurer is responsible for establishing and maintaining a control structure designed to ensure that the assets of the City are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. Internal controls shall separate transaction authority from accounting and record keeping, safekeeping assets, and maintain written records for all investments and wire transfers.
A. Objectives of Internal Control
Internal control is the plan of organization and all the related systems established by management’s objective of ensuring, as far as practicable:
∑ Orderly and efficient conduct of its business, including adherence to management policies.
∑ Safeguarding of assets.
∑ Prevention and detection of errors and fraud.
∑ Accuracy and completeness of the accounting records; and ∑ Timely preparation of reliable financial information.
An internal control system, however elaborate, can provide only reasonable
assurance that the objectives are met. Internal controls are reviewed periodically to ensure effectiveness.
III. Reporting
A. Monthly: As described in California Government Code section 53607, a report of investment transactions will be made to the City Council monthly.
B. A report shall be rendered to the City Manager, City Council, and City Auditor at least four times per fiscal year and shall include:
ATTACHMENT B
∑ A complete description of the portfolio, the type of investments, the issuers, maturity dates, par and dollar amounts invested in all
securities, the current market values of each component of the portfolio, the source of the portfolio valuation, investments and monies held by the City.
∑ A description of any of the City’s funds, investments, or programs that are under the management of contracted parties, including lending programs.
∑ The following certifications:
- All investment actio
ns executed since the last report have been
made in full compliance with the Investment Policy.
- The City of Stockton will meet its expend
iture obligations for the
next six months as described in California Government Code section 53646(b)(
3).
RESPONSIBILITIES
The Chief Financial Officer is responsible for implementation of financial policies related to the subject matter of City Council Policy Title – 5 Financial Management.
RELEVANT AUTHORITY
California Government Code section 53607 allows for the delegation of investment activities to the Treasurer of the City for periods of one year. That delegation, subject to review, is renewable on an annual basis and is to be included as part of the adopt ion of the annual budget to have the authority in place at July 1 of each year.
Chapter 2.20.050 of the City of Stockton Municipal Code (SMC) defines “Treasurer” as the Director of Administrative Services. Chapter 2.20.060 of the SMC provides that managem ent responsibility for the investment program is delegated to the Administrative Services Director.
Under the provision of California Government Code section 53600.3, the Treasurer is a trustee and therefore a fiduciary subject to the prudent investor stan dard outlined in the section below.
The City may engage the services of an external investment manager to assist in the management of the City’s investment portfolio in a manner consistent with the City’s objectives.
Such an external manager may be granted discretion to purchase and sell investment securities in accordance with this Investment Policy. Such managers must be registered under the Investment Advisers Act of 1940.
ATTACHMENT B
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE Chapter 17.01 – Citywide Directive – Financial Management Chapter 17.01 – Citywide Policy 17.01.030
RELATED FORMS, DOCUMENTS, OR LINKS
Not applicable
FREQUENTLY ASKED QUESTIONS
Not applicable
UPDATE HISTORY
Not applicable
ATTACHMENT B
SUBJECT: DEBT MANAGEMENT, LAND
SECURED
NUMBER: TITLE 5, CHAPTER 5.04
ADOPTED DATE: RESOLUTION NUMBER:
LAST AMENDED: RESOLUTION NUMBER:
COUNCIL POLICY CONTACT:
City Manager
CITY DEPARTMENT CONTACT:
CFO, Administrative Services
Department, City Treasurer
POLICY
1) INTRODUCTION
Public agencies develop and apply debt management policies to ensure that debt is issued and managed prudently. This practice is advocated by the Government Finance Officers Association (GFOA) which published and subsequently updated best practice guidelines for debt management policies in 1995, 2003, and 2012.
These guidelines along with other GFOA publications recommend that a formal debt management policy, guiding debt issuance, should be a part of a public agency’s debt administration. The GFOA endorsed the use of a debt management policy to improve the quality of decisions, articulate policy goals, provide guidelines for the structure of debt issuance and demonstrate a commitment to long-term capital and financial planning.
To maintain the highest quality capital financing and debt management program, the City of Stockton prepared the policies outlined in this document, referred to hereafter as the “Debt Management Policy.” The Debt Management Policy and related Departmental Policies are intended to guide decisions related to debt supported by the City’s General Fund, Enterprise Funds, Land Secured Districts (Mello Roos, 1915 Act), and any other related funding entities including the Successor Agency to the former Redevelopment Agency.
To the extent that items have not been contemplated for inclusion in the Debt Management Policy, additions and revisions can be made by approval of the City DEBT MANAGEMENT CHAPTER 5.04
2017-10-03-110410/3/2017
ATTACHMENT B
Council. Any policy stated herein may be supplemented or amended or deviated from upon determination by the City Council that such supplement, amendment or deviation is necessary or desirable and in the best interests of the City, and any policy or procedure stated herein shall be deemed amended or supplemented in the event, and as of the date, if ever, that such amendment, supplement, or deviation is required to ensure compliance with the laws of the State of California or federal laws of the United States of America.
Note: All references to Director of Administrative Services/ City Treasurer/CFO (the “CFO”), refer to the Chief Financial Officer, or their designee responsible for managing and overseeing these separate debt functions of the City. 2) GOALS AND OBJECTIVES
The Debt Management Policy formally establishes parameters for issuing debt and managing a debt portfolio which encompasses the City’s specific capital improvement needs and its ability to repay financial obligations utilizing a long range financial planning approach. Specifically, the policies outlined in this document and related Administrative Directives/Policies/Procedures, are intended to guide the City in the following:
∑ Evaluating critical debt issuance options.
∑ Promoting sound financial management that utilizes long-range financial planning.
∑ Providing accurate and timely information on financial conditions. ∑ Maintaining appropriate capital assets for present and future needs. ∑ Protecting and enhancing the City’s credit rating.
∑ Ensuring the legal and prudent use of the City’s bonding authority through an effective system of financial security and internal controls. ∑ Promoting cooperation and coordi
nation with other public entities and the
private sector in the financing and delivery of services. ∑ Use debt financing w
here appropriate to match projected revenue streams
with facility needs.
3) APPROACH TO FINANCING LONG-TERM DEBT
A sound debt management program integr
ates pay-as-you-go project financing with
projects financed through the issuance of long-term debt. The City’s Capital Improvement Program utilizes this combined approach to fund the City’s capital projects. Therefore, it is important to integrate the City’s Debt Management Policy with both the City’s long-range financial plan and the capital improvement program.
Debt issuance for capital projects should not be considered unless such issuance has been incorporated into the capital improvement program.
ATTACHMENT B
The City’s Debt Management Policy promotes the use of debt only in those cases where public policy, equity, and economic efficiency favor debt over cash (i.e., pay- as-you-go) financing. When considering how to fund capital improvements, the City will use the following criteria to evaluate whether to fund the improvement project on a pay-as-you-go basis versus the use of long-term debt financing:
Factors Favoring Pay-As-You-Go Financing
∑ Current revenues and adequate fund balances are available such that project phasing can be accomplished.
∑ The useful life of the capital asset is ten years or less. ∑ Existing debt levels might have an adverse impact on the City’s credit rating. ∑ Market conditions are unstable or present difficulties in marketing the improvement project.
Factors Favoring Long-term Financing
∑ Revenues available for debt service are sufficient and reliable such that long- term financings can be marketed with an investment grade credit rati ng.
∑ The project securing the financing is of the type which will support an investment grade credit rating.
∑ Market conditions present favorable interest rates.
∑ The project is requ
ired to meet or relieve capacity needs, and current
resources are insufficient or unavailable.
∑ The life of the project or capital asse
t to be financed is ten years or longer.
Notwithstanding the above considerations, the City may consider th e use of long-
term debt in special circumstances for projects other than capital projects to better manage its assets and liabilities over time, including Tax and Revenue Anticipation Notes.
4) DEBT MANAGEMENT AND CAPACITY
The City’s General Fund will not be used to provide back-up liquidity to improve the credit rating of a self-supported debt issue (i.e., an obligation that is expected
to be paid through specific revenues).
The City will not use General Fund financial support for assessment, Mello-Roos or Successor Agency obligations.
A. General Purpose Debt Capacity
The City will carefully monitor its levels of general-purpose debt. In evaluating debt capacity, general purpose supported debt service will not exceed seven percent (7%) of total General Fund budgeted expenditures and transfers out.
B. Enterprise Fund Debt Capacity
ATTACHMENT B
The City will set enterprise fund rates at levels needed to fully cover debt service and coverage requirements, operations and maintenance, administration and capital improvement costs. The ability to afford new debt for enterprise operations will be evaluated as an integral part of the City’s rate review and setting process.
C. Inter-fund Loans Among City Funds
Inter-fund loans among City funds will be considered to finance high priority needs on a case-by-case basis, only when the fund making the loan would not be negatively impacted. Inter-fund borrowing may also be used when it would reduce costs of interest, avoid debt issuance, and/or reduce administrative burdens. Inter-fund loans require a written and signed loan agreement between the two City funds that includes a repayment schedule with a minimum of interest paid at the pooled cash investment rate for the term of the loan. The repayment term of inter-fund loans is limited to five years.
D. Land Secured Debt
The City will consider developer or property owner initiated applications requesting the formation of community facilities districts (“CFDs”) and assessment districts (local improvement districts) (“LIDs”) and the issuance of bonds to finance eligible public facilities necessary to serve developing commercial, industrial, residential, and/or mixed use developments of a regional nature, as described in the following eligible capital project facilities section.
E. Eligible Public Facilities
Facilities to be financed must be public facilities for which the City, or an agency as determined appropriate by the City, will be the owner or will have normal operating and maintenance responsibility. Priority will be given to those public facilities to be owned and operated by the City that are regional in nature. The City may finance public facilities, except for school facilities, which are to be owned and operated by other public agencies. The priority for the financing of infrastructure and public facilities will be determined at the sole discretion of the City. The highest priority will be placed on infrastructure that is for the health and safety of the public. The types of facilities generally eligible to be financed are:
ß Streets and roads (thoroughfares, arterials, major streets, highways and freeway improvements and major collector
ATTACHMENT B
streets), highways and bridges, street lighting, traffic signals and safety lighting;
ß Public utilities, including but not limited to, water, sewer and drainage related facilities;
ß Recreation facilities, including but not limited to, parks, community centers, and golf courses;
ß Biological mitigation measures,
including but not limited to, la
nd
acquisition, dedication, and revegetation.
The City has final determination as to any
facility’s eligibility for financing and the
prioritization of facilities to be included within a district financing. The City will give priority for the use of land-secured financing capacity for City services and those facilities that are regional in nature and for operations and maintenance. The City shall review financing “in-tract” facilities on a case-by-case basis, and the City may require information in addition to that contained in the normal application. The City shall determine what “in-tract” public facilities will be financed and which financing mechanism shall be used.
RESPONSIBILITIES
The Chief Financial Officer is responsible for implementation of financial policies related to the subject matter of City Council Policy Title – 5 Financial Management.
RELEVANT AUTHORITY
Charter of the City of Stockton Article XXII
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE Chapter 17.01 – Citywide Policies 17.01.030
RELATED FORMS, DOCUMENTS, OR LINKS
Chapter 17.01 – Citywide Directive – Financial Management Chapter 17.01 – Chapter 17.01.050.010 – Citywide Procedure – District Formation and Financing
Chapter 17.01 – Chapter 17.01.040 – Citywide Policy – Capital Financing and Debt Management
ATTACHMENT B
FREQUENTLY ASKED QUESTIONS
Not applicable
UPDATE HISTORY
Not applicable
ATTACHMENT B
SUBJECT: DISTRICT FORMATION,
DISTRICT FINANCING
NUMBER: TITLE 5, CHAPTER 5.05
ADOPTED DATE: RESOLUTION NUMBER:
LAST AMENDED: RESOLUTION NUMBER:
COUNCIL POLICY CONTACT:
City Manager
CITY DEPARTMENT CONTACT:
CFO, Administrative Services Department,
City Treasurer
POLICY
Capital Financing
The City of Stockton developed a process for individuals seeking to use a land-secured financing program. Individuals can schedule a meeting with the City’s Chie f Financial
Officer (CFO) to apply for consideration and discuss the elements of the proposed financing, including the City’s financing program policies and procedures.
Services and Maintenance
The City of Stockton believes that it is in the best interest of the present and future citizens of Stockton to provide an adequate level of core services and to provide for the
maintenance of existing public infrastructure.
New development will be considered as any newly constructed single family or multi- family residential development. New development will not proceed unless adequate resources are provided by that development, which will ensure the provision of maintenance to existing and proposed facilities and services impacted by that development.
The City, as part of the approval for any annexation, or any modification to an existing CFD shall require annexation into a maintenance and services CFD to ensure that adequate levels of services and maintenance of infrastructure are paid for by the new development. There is flexibility to define who will pay the special tax. The special tax on multifamily residential would be two-thirds of the single-family amount. The ability to afford special taxes in developing or established areas is limited. At some point, if the DISTRICT FORMATION AND FINANCING CHAPTER 5.05
7/17/2018 2018-07-17-1301
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ATTACHMENT B
level of special taxes becomes excessive, property sales will decline and those
taxpayers that do purchase may become unwilling or unable to pay over time. To promote new residential development in infill or state designated disadvantaged areas, this policy also provides Council the ability to waive or lower the tax for these areas.
Note: All references to Director of Administrative Services/ City Treasurer/CFO (the “CFO”), refer to the Chief Financial Officer, or their designee responsible for managing and overseeing these separate debt functions of the City.
RESPONSIBILITIES
The Chief Financial Officer is responsible for implementation of financial policies related to the subject matter of City Council Policy Title – 5 Financial Management.
RELEVANT AUTHORITY
Stockton Municipal Code Title 3 Chapter 3.76 Article X
Stockton Municipal Code Title 3 Chapter 3.84
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE Chapter 17.01 – Citywide Directive – Financial Management Chapter 17.01 – Chapter 17.01.050.010 - Citywide Procedure - District Formation and Financing
Chapter 17.01 - Chapter 17.01.040 – Citywide Policy - Capital Financing and Debt Management
RELATED FORMS, DOCUMENTS, OR LINKS
Not applicable.
FREQUENTLY ASKED QUESTIONS
Not applicable
UPDATE HISTORY
Not applicable
ATTACHMENT B
POLICY
The City of Stockton shall protect its financial interests related to loans, fines, assessments, debts, etc. However, at times it is in the interest of the public and the advancement of other strategic priorities to forgive debts owed to the City. In addition, for purposes of efficiency and accurate financial accounting, it is appropriate to write-off debts owed to the City.
The City Council authorizes the City Manager to write off debts owed to the City related to uncollectible accounts.
The City Council authorizes the City Manager to forgive liens owed to the City for blighted properties to promote investment in blighted properties and authorizes the City Manager to implement the Lien Forgiveness Program and Residential Neighborhood Reinvestment Program.
RESPONSIBILITIES
The Chief Financial Officer is responsible for implementation of financial policies related to the subject matter of City Council Policy Title – 5 Financial Management.
SUBJECT: DEBT FORGIVENESS, LIEN
FORGIVENESS, UNCOLLECTIBLE
ACCOUNTS
NUMBER: TITLE 5, CHAPTER 5.06
ADOPTED DATE: RESOLUTION NUMBER:
LAST AMENDED: RESOLUTION NUMBER:
COUNCIL POLICY CONTACT:
City Manager
CITY DEPARTMENT CONTACT:
CFO, Administrative Services
Department, City Treasurer
DEBT FORGIVENESS CHAPTER 5.06
10/3/2017 2017-10-03-1104
ATTACHMENT B
RELEVANT AUTHORITY
Stockton Municipal Code Title 2 Chapter 2.20
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY
PROCEDURE
Administrative Directive - Financial Management 17.01
Citywide Policy – Uncollectible Accounts 17.01.090
Administrative Directive - Blighted Property 20.04
Citywide Policy - Lien Forgiveness 20.04.010
City Wide Policy - Residential Neighborhood Reinvestment Program 20.04.020 RELATED FORMS, DOCUMENTS, OR LINKS
Not applicable
FREQUENTLY ASKED QUESTIONS
Not applicable
UPDATE HISTORY
Not applicable
ATTACHMENT B
SUBJECT: DISCRETIONARY, FUNDING,
SPENDING, BUDGET
NUMBER: TITLE 5, CHAPTER 5.10
ADOPTED DATE:
09/27/2016
RESOLUTION NUMBER:
2016-09-27-1204
LAST AMENDED:
10/3/2017
RESOLUTION NUMBER:
2017-10-03-1104
COUNCIL POLICY CONTACT:
City Council
CITY DEPARTMENT CONTACT:
City Manager
POLICY
1) SCOPE
This policy only applies to discretionary funding allocated by the Mayor and Council to be expended by the Mayor and Council in fiscal years when discretionary funding is explicitly adopted in the annual operating budget.
i) This policy shall apply when City Councilmembers act in their official capacity as members of the Council.
ii) This policy shall apply when City Councilmembers are requesting funds from their discretionary spending allocations.
2) PURPOSE
i) The City hereby expressly acknowledges its responsibility to wisely administer limited public resources and to expend them only when there will be a substantial benefit to the City and its residents. To conserve City resources and keep expenses within community standards for public officials, expenditures shall adhere to the rules and guidelines set forth in this policy and shall govern reimbursement to City Councilmembers for actual and necessary expenses incurred in the performance of official duties.
ii) AUTHORIZED EXPENSES
MAYOR & COUNCIL DISCRETIONARY FUNDING CHAPTER 5.10
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iii) Expenses incurred by Councilmembers in connection with sponsorship for activities or events constitute authorized and reimbursable expenses under the following conditions:
(1) Has a community benefit.
(2) Cannot be religious or political in nature.
(3) Cannot be a personal benefit.
iv) Reimbursement for mileage
(1) Communication or meeting with constituents.
(2) Attend local events that have a community benefit
(3) Attend City-sponsored events.
(4) Events and meetings shall not be political or religious in nature. v) Membership reimbursement
(1) Has a community benefit.
(2) Cannot be personal benefit.
3) COMPLIANCE WITH LAWS
i) Councilmembers should be aware that some expenditures may be subject to reporting under the Political Reform Act and other laws. In addition, all agency expenditures are public records subject to disclosure under the Public Records Act.
4) POLICY VIOLATIONS
i) Violations of this policy, including falsifying expense reports, may result in any or all of the following:
(1) Loss of reimbursement privileges;
(2) A demand for restitution to the City;
(3) Reporting the expense to state and federal tax authorities as income to the Councilmember;
(4) Civil penalties of up to $1,000.00 per day and three times the value of the resources used;
(5) Criminal prosecution of misuse of public resources. ii) Violations of this policy are to be addressed by majority vote of the Mayor and Council in public session.
PROCESS
1) COMPLIANCE WITH CITY PROCESSES
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i) Requests to expend funds through this policy will be subject to the guidelines and limitations established through the City’s internal financial policies and processes.
ii) Requests to expend funds through this policy will be processed administratively in accordance with the City’s internal financial policies and processes.
iii) Requests to expend funds will be reviewed by the City Attorney’s Office and City Manager’s Office for compliance with the City’s internal financial policies and practices.
2) TIMELINE FOR REQUEST FOR PAYMENT/REIMBURSEMENT
i) Councilmembers must submit their request for payment 30 days prior to the expense being incurred. The request should be accompanied with letter or invoice documenting the event.
ii) Councilmember must submit their request for reimbursement for expenses within 30 days incurring the expense. The request must be accompanied by an expense report, receipts, and documentation.
iii) The 30-day timelines referenced above are based upon when complete documentation is provided.
iv) Staff will communicate with the requesting Mayor or Councilmember if there are anticipated delays in the 30-day timeline due to unusual volume or technical challenges for City staff to complete the request within the standard timeframe.
RESPONSIBILITIES
Mayor & Councilmembers
Compliance with policy; compliance with requirements of internal policies and processes; provide requests and backup documentation to the City Manager’s Office City Attorney’s Office
Review requests for compliance with City policies and processes City Manager’s Office
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Review requests for compliance with City policies and processes; prepare and forward requests for expenditures to the Administrative Services Department Administrative Services Department
Process requests for expenditures forwarded from the City Manager’s Office RELEVANT AUTHORITY
Approved by Motion
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE Administrative Directive – Purchasing – Contracts-25, FIN-30 Council Policy – City Council Travel and Expenses – Title 2, Chapter 2.04; Administrative Directive – Travel and Expense Policy – Title 17, Chapter 17.11 Administrative Directive – Vehicles-Privately Owned on City Business – FIN-10 RELATED FORMS, DOCUMENTS, OR LINKS
Owner’s Operator’s Mileage Report
http://cosintranet/Intranet/forms/files/Monthly_Mileage.pdf Owner’s Operator’s Mileage Report
http://cosintranet.ci.stockton.ca.us/Intranet/DailyMileageReimb FREQUENTLY ASKED QUESTIONS
None applicable
UPDATE HISTORY
09/27/2016 – Adopted
ATTACHMENT B