Attachment C - Sample Policies Related to Use of Agency Insignia — Council Legislation/Environmental Committee, March 20, 2024

Sample Policies Related to the Use of Agency
Insignia
Collected below are links to examples of policies related to the use of agency letterhead, official title, and seals and other insignia from local public agencies.

Use of Agency Letterhead Policies
Marin County Letterhead Stationary and Business Card Policy (Administrative Regulation 21, sec. III) West Hollywood Letterhead Policy (Code of Conduct for Elected and Appointed Officials, Rule 4.1) Lodi Letterhead and Seal Policy (City Council Protocol Manual, sec. 7.4) Use of Agency Seal and Other Insignia Policies
San Francisco City and County Seal Policy (Administrative Code, Sec. 1.6) Riverside Seal and Other Insignia Policy (Municipal Code, Ch. 1.04) Desert Hot Springs Seal and Insignia Policies (Municipal Code, Ch. 1.10) Use of Official Title Policies
City of Santa Clara Use of Title Policy (Code of Ethics and Values, sec. 1(g))

ATTACHMENT C
Marin County Policy on Use of County Business Cards and County Letter Stationery by Appointed Advisory Bodies and County Employees Effective Date: September 26, 2000
This regulation is issued pursuant to Chapters 2.08 and 2.84 of the Marin County Code and has been approved by the Board of Supervisors.

Definition
This regulation covers (I) Statement of Policy; (II) Authorized Use; (III) Unauthorized Use; and the enforcement of Administrative Policy 21 (IV).

I. Statement of Policy
County letterhead stationery, and County business cards, may be used by County employees; and by persons appointed by the Board of Supervisors to a County board, commission, committee, task force or other advisory body; only when such County letterhead stationery or business cards are duly authorized for use, and only when such use is consistent with the duties of the employee or the purpose of the County advisory body.

No County employee; and no person appointed by the Board of Supervisors to a County board, commission, committee, task force or other advisory body; shall at any time make improper use of any stationery or business card appearing to constitute an official business card or stationery of the County of Marin.

II. Authorized Use
To the extent their use has been authorized, proper use of County letterhead stationery or business cards by County boards, commissions, committees, task forces or other advisory bodies is limited to communications with the Board of Supervisors and County officials; and functions and tasks associated with the administration of the board, commission, committee, task force or other advisory body (e.g., meeting notices and confirmations, room reservations, agendas, meeting minutes, etc.).

To the extent their use has been authorized, proper use of County letterhead stationery or business cards by a County employee is limited to official correspondence or informational exchanges made necessary or appropriate as a result of the nature and scope of the employee's official duties and responsibilities.

III. Unauthorized Use
An improper use of letterhead stationery or business card occurs under any of the following circumstances:

The letterhead stationery or business card was not authorized by the Board of Supervisors or its designee (i.e., the County Administrator in the case of an appointed advisory body, or a County department head); or The letterhead stationery or business card was used by a person who was not authorized to use the stationery or business card (e.g., the person was not an authorized County employee; or an authorized member of a County board, commission, committee, task force or other advisory body); or The letterhead stationery or business card was used for an improper or illegal purpose (e.g., to mislead or misrepresent, to create the appearance of authority where none exists, or to facilitate any harassing, unprofessional or Administrative Regulation 21

ATTACHMENT C
inappropriate behavior or act); or
The letterhead stationery or business card was used in a manner that is inconsistent with the mission or purpose of the appointed advisory body, or that a reasonable person would anticipate to reflect poorly on the County of Marin.

IV. Enforcement
Violations of this policy shall be handled as follows:

A violation of this policy in
volving a County employee should be brought to the attention of the employee’s appointing authority. Such a violation shall be cause for disciplinary action, the nature of which shall depend on the nature of the violation. Established procedures for disciplinary actions involving County employees shall apply; including compliance with the procedures of any applicable collective bargaining agreement with the employee’s bargaining representative, the Personnel Commission Rules and Regulations, and the County Merit System Ordinance.

A violation of this policy involving a person appointed by the Board of Supervisors to a County board, commission, committee, task force or other advisory body should be brought to the attention of the County Administrator, who shall investigate the reported violation and report his or her findings to the Board of Supervisors. A violation may be cause for immediate removal of the person from their appointed position by the Board of Supervisors, or such other remedy as the Board may determine to be appropriate.

ATTACHMENT C

CITY OF WEST HOLLYWOOD
... •••••••• •••••••••••• ••• • •• 111111
•••• •••
City of West Hollywood
California 1984
Code of Conduct for
Elected and Appointed
Officials

ATTACHMENT C

CITY OF WEST HOLLYWOOD

CODE OF CONDUCT FOR ELECTED AND APPOINTED OFFICIALS
I. Introduction
The purpose of this Code of Conduct ("Code") is to define the role of elected and appointed officials (members of the City Council and its subsidiary Commissions and Boards, collectively "City officials" or "officials") in the governance of the City. This Code consists of policies and implementing rules intended to advance the City's goals of providing efficient and high quality services to its residents and providing a safe and productive work environment for its employees.

II. Background
West Hollywood is a general law city governed by the council/manager form of government. The City Council, with the assistance of its advisory commissions and boards makes policies and fundamental governmental decisions; the City Manager is charged with implementing those policies and decisions and administering the day-to-day affairs of the City with the assistance of his/her staff. The City Council has direct authority over the City Manager and the City Attorney; all other employees of the City are under the direct authority of the City Manager. This Code establishes rules that contribute to the success of this basic structure and to maintaining positive and effective working relationships between officials and employees. ill. Limitations
This Code addresses selective aspects of the governance of the City and supplements, but does not supplant other laws and rules that prescribe the legal responsibilities of City officials.

Those include, among others, the California Constitution, various provisions of the California Government Code (including the Brown Act and the Political Reform Act) and Labor Code, federal laws prohibiting discrimination and harassment, and the provisions of the City's own Municipal Code. Elected and appointed officials should be familiar with these laws to assure that they exercise their responsibilities properly; to that end, the City provides periodic training and education programs which should be attended by all City officials. In addition, the City Attorney is available to respond to questions about these matters.

It is not possible for a code of this kind to anticipate and provide a rule of conduct for all situations. At bottom, it is expected that officials will manage their behavior in a manner consistent with the rules that follow, respect the chain of command and behave within the bounds of their authority. It is also expected that officials will treat each other, City employees, residents and business-people with courtesy and respect in a manner that reflects well on the City.
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IV. Policies and Rules
What follows are general policies governing the conduct of City officials. Following each policy is a set of rules that give specific application to the policy. In italics following each rule, is an explanation of the rule and guidance for interpreting and applying the rule.

Policy 1. City officials shall deal with the administrative service solely through the City Manager or his/her delegee.

Rules:

1.1 Officials shall not direct, order or make demands on any City employee, other than inquiries that can be answered routinely and without research.

City staff is organized in a hierarchical structure, and City employees work under the direction and control of several layers of management culminating with the City Manager.

Individual officials are not part of that management structure and have no authority to direct employees. When an official attempts to give an employee direction, the employee is put in an awkward position and the management structure is undermined. In some cases such actions have the potential for liability. Officials are not authorized directly to give work assignments to Employees. Employees are instructed not to take directions or work assignments from officials and to report any such attempts to their Department Director. An official may ask a routine question of staff; beyond that, concerns about work assignment should be addressed to the City Manager or to the appropriate Departtnent Director.

1.2 Officials shall not attempt to reorganize an employee's priorities or influence the manner by which City staff perform their assigned functions or duties.

City employees are directed in their everyday tasks by their immediate supervisor in accordance with approved work plans. Interference with an employee's work routine, priorities or decisionmaking processes by an official creates confusion and stress and places the employee in the difficult position of either disregarding his or her assigned work or appearing to disrespect the official's wishes. All requests for work or research should be directed to the appropriate Department Director. From time to time an official may believe that i1 problem must be looked into immediately, and is tempted to direct an employee to drop everything and focus on that problem. Officials must, however, communicate their concern to the appropriate Departtnent Director or the City Manager.

1.3 Officials shall not retaliate or threaten to retaliate against employees as a result of disagreements over policy recommendations.
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It is critical to the success of the City that its employees enjoy a workplace free of the fear of retaliation. The City takes great pride in its creativity and its receptivity to new and different ideas; creativity is fostered by an open and nonjudgmental atmosphere where candor is not penalized. City employees are hired to offer their professional judgments and opinions.

Officials are certainly free to disagree with those judgments; indeed, those officials ultimately may have the final word. But, those disagreements must not extend to threats or generate fear of reprisal. Officials enjoy substantial authority within City Hall; this authority must not be exercised in a manner that intimidates staff and degrades morale with resulting damage to the fabric of the organization.

1.4 Officials shall not threaten a City employee with disciplinary action.

If an official is concerned about the performance of a City employee, that concern should be expressed privately to the City Manager or to the employee's Department Director. Such criticisms can then be addressed in accordance with the City's personnel rules, in a manner that protects the employee's rights and protects the City's authority properly to discipline its employees. It is never acceptable for an official directly to threaten disciplinary action of any kind. And, rarely, if ever, is it appropriate to criticize publicly a non-managerial employee.

Officials should certainly have high expectations of employees' work performance; but, there is no room in the City organization for public humiliation of any person.

Policy 2. City officials shall act collectively in a properly noticed and constituted meeting; officials have no authority to make decisions or take actions on behalf of the body unless expressly authorized to do so.

Rules:

2.1 Officials shall not make representations or promises to any third party regarding the future actions of the City or of the body of which they are a member, unless such representation or promise has been duly authorized by the appropriate body.

When officials engage in conversations with residents, applicants, developers, lobbyists and officials of other governmental agencies, they should be cautious not to make representations or promises that they cannot legally make or keep. Future actions of a legislative body cannot be promised or predicted with certainty. Individual officials do not have authority to make commitments on behalf of the City unless expressly authorized to do so by the body of which they are a member.

2.2 When making public utterances, officials shall make it clear whether they are authorized to speak on behalf of the body of which they are a member, or whether they are presenting their own views.
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Officials occasionally speak before other public bodies, neighborhood groups or to the press. When doing so, they should always make it clear whether they are presenting their own point of view or whether they have been authorized by the body of which they are a member to present a particular view. They should be clear in all oral and written utterances whether they are using their title for identification purposes or because they are speaking in an official capacity. Use of City letterhead shall comply with Rule 4.1 herein. The actions and recommendations of subsidiary bodies are presented to the City Council as part of the staff report, and often memorialized in a resolution. If a subsidiary body feels it necessary to supplement these written transmittals, it should expressly authorize one of its members to speak on its behalf Seldom should an individual member of a commission or board feel it necessary to explain his or her votes at a City Council meeting.

2.3 Officials shall not interfere with the manner by which the City Manager performs his or her duties.

The City Manager takes direction from the Council acting as a body, not from individual members. And, while the Council as a body may offer its views on matters within the Manager's area of authority (such as hiring subordinates), it is the Manager, as chief executive officer of the organization, that makes the final decisions on such matters. The Manager cannot function effectively if he or she receives inconsistent direction from individual Councilmembers or is not given the support and independence necessary to administer the City.

2.4 City officials shall not interfere with the implementation by City staff of approved projects and programs.

The City Manager is charged with the implementation of approved projects or programs.

City Councilmembers must avoid interfering with or directing the Manager's method of carrying out the City Council's decisions, even if the project or program was conceived and initiated by an individual Councilmember. Once a project or program receives Council approval, it is an official activity of the City, not of any individual Councilmember. City officials do not have authority and should refrain from giving directions or instructions to City contractors or consultants working on City projects or programs.

Policy 3. Appointed legislative bodies shall limit their activities to matters within their subject matter jurisdiction.

Rules:

3.1 Commissions and Boards shall address only those matters determined by the Municipal Code or by the Council to be within their subject matter jurisdiction; staff need not place on an agenda, provide resources for or implement requests, directions or actions outside that jurisdiction. Unless directed otherwise by the City Council, Commissions and Boards shall refrain from consideration of policy issues that are under active consideration by the Council. 4 ATTACHMENT C
The Municipal Code sets forth the subject area jurisdiction of the City's Commissions.

The City Council establishes the duties of its advisory boards. These subsidiary bodies are limited to acting and/or making recommendations within the area of their jurisdiction, and in accordance with by-laws approved by the City Council.

3.2 The City Council as a whole shall provide direction and guidance to its subsidiary bodies.

There may be times when the Council feels that an advisory body is straying from its mission or making decisions or recommendations inconsistent with the Council's vision for the City. It is preferable for the Council to communicate its concerns to such bodies in a joint study session.

Policy 4. City resources shall be used solely for proper governmental purposes, and only with proper authorization.

Rules:

4.1 City letterhead may be used by City Councilmembers for official City business.

City letterhead must be used with care to avoid misunderstandings. Letterhead may be used to communicate official City policy or actions. It is also routinely used by Councilmembers to respond to inquiries or communicate their individual opinions, in which event the author should be clear about whose view is being presented. Appointed City officials are not authorized to use City letterhead.

4.2 City employees shall not be asked or directed to spend time on non-City business.

It is improper to ask or require a City employee to engage in non-City related activities.

Non-City activities include, among other things, election campaign-related activities and personal errands. This rule especially pertains to Council deputies, who are most susceptible to influence from Councilmembers in the management of their time. Further, City employees should not be solicited to engage in political activity on behalf of a City official; they may, of course, choose to do so when off-duty and away from City Hall.

4.3 When traveling on City business, officials holding a City credit card shall adhere to the City's credit card use policy.

The City has adopted a policy governing the use of City credit cards for official business, and otherwise obtaining reimbursement for business-related expenses. It is expected that all officials holding City credit cards will adhere strictly to this policy.

4.4 Officials shall not use or disclose information obtained through City service for improper purposes.
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Officials often acquire information in performing their duties that is not generally available to the public, including information received in closed sessions. Sometimes this information is confidential or highly sensitive. Information that is not generally available to the public must remain confidential and be used only for the purposes for which it was divulged. In particular, this information can never be used for personal gain.

Policy 5. When representing the City, officials shall conduct themselves in a dignified manner and in accordance with all legal requirements.

Rules:

5.1 When representing the City on official business, officials shall behave responsibly and in a manner as to project a positive image for the City.

Whenever an official is representing the City, in or out-of-town, the official is "on-duty" and should behave in a manner that will reflect well on the City. When out-of-town or at social events there is a temptation to behave more informally than one might in City Hall, which can lead to awkward or embarrassing situations, and in extreme cases to improper or illegal behavior. When at official functions, officials should avoid drinking alcohol to excess.

5.2 Officials shall exercise best efforts to avoid the appearance of impropriety in the performance of their official duties.

The public's confidence in the integrity and fairness of City government often hinges on the behavior of City officials. Real or perceived ethical lapses by City officials undermine the effectiveness of the City and cast a shadow on the decisions of its legislative bodies. Often, ethical considerations extend beyond the legal requirements of conflict of interest law.

V. City Council Deputies
City Council Deputies are unique among employees in City Hall. Unlike other employees they answer directly to City Councilmembers as well as the City Manager, and may be given work assignments directly by the Councilmember to whom they are assigned. They are employed at- will, meaning that they can be terminated without cause at any time.

Deputies are unique from an operational point of view as well. Most of their time is spent performing assignments directly from the Councilmember for whom they work, sometimes representing him or her to constituents, representatives of other governmental agencies and other City staff. In this capacity, Deputies communicate their Councilmembers' wishes or viewpoints.

Deputies are subject to all of the policies and rules in this Code when acting as a surrogate of the Councilmember to whom they are assigned when relating both to City employees and others, and are otherwise subject to the same rules, expectations of conduct and disciplinary procedures as other employees of the City.
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VI. Enforcement
The City is committed to maintaining a healthy, fulfilling and humane workplace. To that end, every City official is expected to observe the foregoing policies and rules when engaged in City business.

Complaints alleging a violation of this Code of Conduct by a City official should be directed to the City Manager or the City Attorney. Upon receipt of a complaint of a minor nature, the City Manager and the City Attorney shall together determine a course of action. The City Manager and the City Attorney shall, should they fail to resolve the complaint or should the complaint be of a serious nature, consult with the Mayor (unless the Mayor is the subject of the complaint, in which event they shall consult with the Mayor Pro Tern or other Councilmember, in order of seniority, as is appropriate under the circumstances) in order to determine an appropriate course of action.

The goal of enforcement of this Code of Conduct is corrective, rather than penal, and a progressive approach to curing violations shall be employed, beginning with informal methods and proceeding to more formal methods as necessary. If appropriate, informal counseling and instruction (including referral to the Employee Assistance Program if appropriate) shall be utilized to correct the official's behavior prior to recommending imposition of sanctions.

Should less drastic measures fail, the City Council may in a public meeting impose one or more of the following sanctions:

Reprimand
Censure
Travel or expense reimbursement restrictions
Loss of committee or liaison assignments
Removal from an appointed commission or board
Loss of staff support or use of City resources
Other penalties as may be applicable under the circumstances 7 ATTACHMENT C
RESOLUTION NO. 06-3354

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF WEST HOLLYWOOD ESTABLISHING A

REIMBURSEMENT POLICY IN ACCORDANCE
WITH GOVERNMENT CODE §§ 53232.2 AND
53232.3

THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD DOES
HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council finds and declares as follows:

A. Elected and appointed City Officials are responsible for promoting and protecting public health, safety, and welfare. Among other things, these duties may require City Officials to:

1. Discuss the City's concerns with state and federal officials;

2. Participate in regional, state and national organizations that affect the City's interests;

3. Attend educational seminars designed to improve City Officials' skills and provide information;

4. Promote public service and morale;

5. Attend meetings, ceremonial events and other activities sponsored by constituents, neighborhood groups, business organizations and similar groups;

6. Promote economic development; and

7. Meet with constituents, business owners and others with an interest in the City.

B. It is in the public interest to reimburse City Officials' expenses incurred in connection with these activities consistent with the provisions of this Resolution.

SECTION 2. Declaration of Policy. This Resolution is adopted in accordance with Government Code §§ 53232.2 and 53232.3 so that the City of West Hollywood may reimburse appropriate expenses incurred by elected and appointed City officials while on authorized travel or otherwise engaged in the conduct of City business. Absent City Council approval, and only in extraordinary circumstances, the City will not reimburse City Officials an amount

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greater than allowed by this Resolution for expenses incurred during the course of conducting City business.

SECTION 3. Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this Resolution:

A. "City Officials" means members of the City Council and members of boards, commissions, and committees appointed by the City Council.

B. "Reimbursement" means all forms of payment for expenses incurred by City Officials in the course of their official duties whether paid directly by the City (including without limitation, with a City-issued credit card) or advanced by City Officials with personal funds and later reimbursed from City funds.

SECTION 4. City Business - Authorized Activities.

A. Expenses incurred while engaging in the following City business activities are generally authorized expenses if all requirements of this Resolution are fulfilled:

1. Communicating with representatives of regional, state and national government on City adopted policy positions;

2. Attending educational seminars designed to improve City Officials' skill and information levels;

3. Participating in regional, state and national organizations whose activities affect the City's interests;

4. Recognizing service to the City (for example, thanking a longtime employee with a retirement gift or celebration of nominal value or cost);

5. Attending City events; and

6. Attending meetings with constituents, neighborhood groups, business organizations, and attending conferences for the City approved purpose of attracting or retaining businesses to the City.

B. Expenditures incurred in connection with activities or events not listed in Paragraph A above require prior approval by the City Council. In addition, the following require City Council preauthorization:

1. International Travel

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2. Expenses foreseeably exceeding $5,000 per trip.

SECTION 5. Unauthorized Expenses. The City will not reimburse City Officials for expenses incurred outside the scope of the City Official's duties including, for example and not limitation, the following:

A. The personal portion of any trip. For example, if a City Official elects to travel to an event in advance or stay longer on personal business, the City need only reimburse the City Official for roundtrip travel costs and costs incurred during the event's duration;

8. Political or charitable contributions or events;
C. Family expenses, including partner's expenses when accompanying a City Official on City-related business, as well as children- or pet-related expenses;
D. Entertainment expenses, including theater, movies (either in-room or at the theater), sports or other cultural events;
E. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline;
F. Personal losses incurred while on City business;
G. Expenses for which City Officials receive reimbursement from another agency are not reimbursable; and
H. Alcohol/personal bar expenses.

Any questions regarding the propriety of a particular type of expense should be resolved by the City Council before the expense is incurred.

SECTION 6. Transportation.

A. Generally. City Officials must use the most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements, using the most direct and time-efficient route.

Government and group rates must be used when available.

8. Airfare. Airfares that are equal or less than those available through the Enhanced Local Government Airfare Program offered through the League of California Cities (www.cacities.org/travel), the California State Association of Counties (www.csac.counties.org/default.asp?id=635) and the State of California are presumed to be the most economical and

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reasonable for purposes of reimbursement under this policy.

C. Automobile.

1. Automobile mileage is reimbursed at Internal Revenue Service rates in effect (see www.irs.gov). These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle. This amount does not include bridge and road tolls and parking fees, which are also reimbursable. Mileage is not reimbursable when a City vehicle is used.

2. Only travel for City business outside of West Hollywood is authorized for reimbursement.

3. A City Official may leave from his/her home for City business.

However, the City will not reimburse mileage that exceeds mileage from City Hall to the destination point.

D. Car Rental. Rental rates that are equal or less than those available through the State of California's website
(www.catravelsmart.com/default.htm) are considered the most economical and reasonable for purposes of reimbursement under this policy.

E. Taxis/Shuttles. Taxis or shuttles fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time-efficiency.

F. Airport Parking. Long-term parking must be used for travel exceeding 24-hours.

G. Other. Baggage handling fees of up to $1 per bag and gratuities of up to 15 percent will be reimbursed.

SECTION 7. Lodging.

A. Lodging expenses will be reimbursed only at the single occupancy rate for rooms, but reimbursement may include interneUbroadband access and fitness facilities if not included in the room rate.

B. Lodging expenses will be reimbursed for when travel on official City business reasonably requires an overnight stay.

C. Conferences/Meetings. If lodging is associated with a conference, lodging expenses must not exceed the group rate published by the

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conference sponsor for the meeting in question if such rates are available at the time of booking.

D. Other Lodging. Travelers must request government rates, when available. A listing of hotels offering government rates in different areas is available at www.catravelsmart.com/lodguideframes.htm. Lodging rates that are equal or less to government rates are presumed to be reasonable and hence reimbursable for purposes of this policy. In the event that government rates are not available at a given time or in a given area, lodging rates that do not exceed the IRS per diem rates for a given area are presumed reasonable and hence reimbursable.

SECTION 8. Meals and Incidental Expenses.

A. For meals associated with City business within: Los Angeles County Breakfast: $ 12
Lunch: $ 20
Dinner: $ 32
B. For meals associated with City business outside of Los Angles County where an overnight stay is required, a City Official may claim a per diem in the amount of $64.

1. The time calculations for per diem starts when the City Official begins travel. For each 24-hour period thereafter, the City Official can claim the full per diem amount.

2. If there is a period of time at the end of the trip that is less than 12 hours, the City Official cannot claim more than one-half (1/2) the per diem rate.

3. Receipts are not required to claim per diem.

4. Any reimbursement claim for expenses that exceed the per diem rate may constitute additional income for tax purposes.

C. This policy is not applicable to meals provided in connection with City sponsored events.

SECTION 9. Registration fees. Registration fees for conferences and seminars are reimburseable, but shall be paid in advance by the City whenever possible.

SECTION 10. Telephone/Fax/Cellular. City Council members will receive a flat allowance for telephone and fax expenses incurred in connection with the

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performance of City business in the amount of $250 a month. The City Council finds that this amount accurately reflects average monthly expenses for telephone and fax usage; hence submission of bills is not required.

SECTION 11. Cash Advance Policy.

A. From time to time, it may be necessary for a City Official to request a cash advance to cover anticipated expenses while traveling or doing business on the City's behalf. Such request for an advance should be submitted to the City Manager 5 days before the need for the advance with the following information:

1. The purpose of the expenditure(s);

2. The anticipated amount of the expenditure(s) (for example, hotel rates, meal costs, and transportation expenses); and

3. The dates of the expenditure(s).

B. Any unused advance must be returned to the City's Finance Department within two business days of the City Official's return, along with an expense report and receipts documenting how the advance was used in compliance with this Resolution.

C. In the event the City Manager is uncertain as to whether a request complies with this policy, the City Manager must seek City Council approval.

SECTION 12. Credit Card Use Policy.

A. City Officials may use their city issued credit card for Business and Travel Expenses in accordance with this Resolution. Receipts documenting expenses incurred on the City credit card and compliance with this policy must be submitted within five business days of use.

B. City credit cards may not be used for personal expenses, even if the City Official subsequently reimburses the City.

SECTION 13. Expense Report Content and Submission Deadline.

A. All cash advance expenditures, credit card expenses and expense reimbursement requests must be submitted on an expense report form provided by the City.

B. Expense reports must document that the expense in question met the requirements of this policy. For example, if a meeting is with a legislator,

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the City Official should explain whose meals were purchased, what issues were discussed and how those relate to the City's adopted legislative positions and priorities.

C. City Officials must submit their expense reports within thirty (30) days after an expense is incurred, accompanied by receipts documenting each expense. Restaurant receipts, in addition to any credit card receipts, are also part of the necessary documentation.

D. Inability to provide such documentation in a timely fashion may result in the expense being borne by the City Official.

E. All expenses are subject to verification that they comply with this policy.

SECTION 14. Reports to City Council. At the City Council meeting following an activity, each City Official must briefly report on meetings attended at City expense. If multiple City Officials attended, a joint report may be made.

SECTION 15. Compliance With Laws. Some expenditures may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disclosure under the California Public Records Act.

SECTION 16. Violation Of This Policy. Use of public resources or falsifying expense reports in violation of this Resolution may result in any or all of the following:

A. Loss of reimbursement privileges;
B. A demand for restitution to the City;
C. The City's reporting the expenses as income to the City Official to state and federal tax authorities;
D. Civil penalties of up to $1,000 per day and three times the value of the resources used; and
E. Prosecution for misuse of public resources.

SECTION 17. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.

SECTION 18. The City Clerk is directed to certify the passage and

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adoption of this Resolution; cause it to be entered into the City of West Hollywood book of original Resolutions; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Resolution, cause it to be published or posted in accordance with California law.

SECTION 19.
adoption.

This Resolution will become effective immediately upon its PASSED, APPROVED AND ADOPTED by the City Council of the City of West Hollywood at a regular meeting this 21st day of February, 2006 by the following vote:

AYES: Councilmember:

NOES: Councilmember:

ABSENT: Councilmember:

ABSTAIN: Councilmember:

ATIEST:
~ ~72wa::e
THOMAS R. WEST, CITY CLERK
RNEY
Duran, Guarriello, Mayor Pro Tempore
Heilman, Prang, and Mayor Land.

None.

ABBE LAND, MAYOR

ATTACHMENT C
.. ,

CITY COUNCIL
CONSENT CALENDAR February 21, 2006
i
.SUBJECT: APPROVAL OF EXPENSE REIMBURSEMENT POLICY
PURSUANT TO AB1234 (GOVERNMENT CODE
SECTIONS 53232.2 AND 53232.3)
INITIATED BY: CITY ATIORNEY
(Mike Jenkinsr;u.Jj./11;r
STATEMENT ON THE SUBJECT:

The City Council will consider adopting an expense reimbursement policy applicable to elected and appointed officials of the City as required by newly enacted Government Code Sections 53232.2 and 53232.3.

RECOMMENDATION:

That the City Council adopt Resolution No. o,·1ln A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD ESTABLISHING A

REIMBURSEMENT POLICY IN ACCORDANCE WITH GOVERNMENT CODE §§ 53232.2 AND 53232.3.

BACKGROUND AND ANALYSIS:

Assembly Bill 1234 ("AB 1234") was adopted by the state legislature in late 2005 and became effective on January 1, 2006. AB 1234 requires cities to adopt a written policy for reimbursement of "actual and necessary• expenses incurred by city council members and members of bodies created by the City Council that are subject to the Brown Act. The policy is required to address reimbursement of expenses relating to travel, meals and lodging and the filing of expense reports.

The City Attorney, in consultation with the City Manager and Finance Director, prepared the Resolution before you. Its adoption will bring the City into compliance with AB1234.

The bill also requires council members and the members of bodies that are subject to the Brown Act that receive any type of compensation, salary, stipend, or reimbursement of expenses, except individuals whose term of office ends before January 1, 2007, attend two hours of ethics training approved by Fair Political Practices Commission and the Attorney General. It is anticipated that a qualifying program will be made available on line through the League of California Cities and also available at League conferences. Staff will monitor that and let you know of your training options when they become available AGENDA ITEM d.. K .

ATTACHMENT C
Subject
Council Meeting Date

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ALTERNATIVES:

The City has no alternative but to adopt a policy pursuant to AB 1234. Council. may want to make adjustments to the recommended policy following deliberations.

CONFORMANCE WITH VISION 2020:

This item is consistent with the Ongoing Strategic Program of Institutional Integrity.

OFFICE OF PRIMARY RESPONSIBILITY
City Attorney
FISCAL IMPACT:

The adoption of the policy will have no direct fiscal impact. The amounts allowed for reimbursement under the policy are established by the annual budget. Thus, the policy itself has no impact on the General Fund.

ATTACHMENT C
RESOLUTION NO. 06~ JJS"Y

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF WEST HOLLYWOOD ESTABLISHING A

REIMBURSEMENT POLICY IN ACCORDANCE
WITH GOVERNMENT CODE §§ 53232.2 AND
53232.3.

THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD DOES
HEREBY RESOLVE AS FOLLOWS:

SECTION 1 The City Council finds and declares as follows:

A. Elected and appointed City Officials are responsible for promoting and protecting public health, safety, and welfare. Among other things, these duties may require City Officials to:

1. Discuss the City's concerns with state and federal officials;

2. Participate in regional, state and national organizations that affect the City's interests;

3. Attend educational seminars designed to improve City Officials' skills and provide information;

4. Promote public service and morale;

5. Attend meetings, ceremonial events and other activities sponsored by constituents, neighborhood groups, business organizations and similar groups;

6. Promote economic development; and

7. Meet with constituents, business owners and others with an interest in the City.

B. It is in the public interest to reimburse City Officials' expenses incurred in connection with these activities consistent with the provisions of this Resolution.

SECTION 2. Declaration of Policy. This Resolution is adopted in accordance with Government Code §§ 53232.2 arid 53232.3 so that the City of West Hollywoo·d may reimburse appropriate expenses incurred by elected and appointed City officials while on authorized travel or otherwise engaged In the conduct of City business. Absent City Council approval, and only in extraordinary circumstances, the City will not reimburse City Officials an amount

ATTACHMENT C
Resolution No. 06·_

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greater than allowed by this Resolution for exp.enses incurred during the course of conducting City business. ·
SECTION 3. Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this Resolution:

A. "City Officials' means members of the City Council and members of boards, commissions, and committees appointed by the City Council.

B. "Reimbursemenf' means all forms of payment for expenses incurred by City Officials in the course of their official duties whether paid directly by the City (including without limitation, with a City-issued credit card) or advanced by City Officials with personal funds and later reimbursed from City funds.

SECTION 4. City Business -Authorized Activities.

A Expenses incurred while engaging in the following City business activities are generally authorized expenses if all requirements of this Resolution are fulfilled:

1. Communicating with rep.resentatives of regional, state and national government on City adopted policy positions;

2. Attending educational seminars designed to improve City Officials' skill and information levels;

3. Participating in regional, state and national organiziitions whose activities affect the City's interests;

4. Recognizing service to the City (for example, thanking a longtime employee with a retirement gift or celebration of nominal value and cost);

5. Attending City events; and

6. Attending meetings with constituents, neighborhood groups, business organizations, and attending conferences for the City approved purpose of attracting or retaining businesses to the City.

1. International Travel

ATTACHMENT C
Resolubon No 06-__
Page3 of8

2. Expenses foreseeably exceeding $5,000 per trip.

SECTl_ON 5. Unauthorized Expenses. The City will not reimburse City Officials for expenses incurred outside the scope of the City Official's duties including, for example and not limitation, the following: ·
A. The personal portion of any trip. For example, If a City Official elects to travel to an event in advance or stay. longer on personal business, the City need only reimburse the City Official for roundtrip travel costs and costs incurred during the event's duration; ·
B. Political or charitable contributions or events:

C. Family expenses, including partner's expenses when accompanying a City Official on City-related business, as well as children- or pet-related expenses:

D. Entertainment expenses, including theater, m_ovies (either in-room or at the theater), sporting events including gym, massage and/or golf related expenses, or other cultural events; .

E. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline; ·
F. Personal losses incurred while on City business:

G. Expenses for which City Officials receive reimbursement from another agency are not reimbursable; and
H. Alcohol/personal bar expenses.

Any questions regarding the propriety of a particular type of expense should be resolved by the City Council before the expense is incurred.

SECTION 6. Transportation.

A. Generally. City O.fficials must use the most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements, using the most direct and time-efficient route.

Government and group rates must be used when available.

B. Airfare. Airfares that are equal or less than those available through the Enhanced Local Government Airfare Program offered through the League of California Cities (www.cacities.org/travel), the California State Association of Counties (www.csac.counties.org/default.asp?id=635) and

ATTACHMENT C
Resolution No 06-__

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the State of California are .Presumed to be the most economical and reasonable for purposes of reimbursement under this policy.

C. Automobile.

2. Only travel for City business outside of West Hollywood is authorized for reimbursement.

3. A City Official may leave from his/her home for City business.

However, the City will not reimburse mileage that exceeds mileage from City Hall to the destination point.

F. Airport Parking. Long-term parking must be used for travel exceeding 24-hours.

G. Other. Baggage handling fees of up to $1 per bag and gratuities of up to 15 percent will be reimbursed.

SECTION 7. Lodging.

A. Lodging expenses will be reimbursed only at the single occupancy rate · for rooms.

B. Lodging expenses will be reimbursed for when travel on official City business reasonably requires an overnight stay.

C. Conferences/Meetings. If lodging is associated with a conference, lodging expenses must not exceed the group rate published by the

ATTACHMENT C
Resolution No 06-_

Page 5 of 8 ends

conference sponsor for the meeting in question if such rates are available at the time of booking.

D. Other Lodging. Travelers must request government rates, when available. A listing of hotels offering government rates in different areas is available at www.catravelsmart.com/lodguideframes.htm. Lodging rates that are equal or Jess to government rates are presumed to be reasonable and hence reimbursable for purposes of this policy. In the. event that government rates are not available at a given time or in a given area, lodging rates that do not exceed the IRS per diem rates for a given area are presumed reasonable and hence reimbursable ..

SECTION 8. Meals and Incidental Expenses.

1. The time calculations for per diem starts when the City Official begins travel. For each 24-hour period thereafter, the City Official can claim the full per diem amount.

2. If there is a period of time at the end of the trip that is less than 12 hours, the City Official cannot claim more than one-half (1/2) the per diem rate.

3. Receipts are not required to claim per diem.

4. Any reimbursement claim for expenses that exceed the per diem rate may constitute additional income for tax purposes.

C. This policy is not applicable to meals provided in connection with City sponsored events. ·
SECTION 9. Registration fees. Registration fees for conferences and seminars are reimburseable, but shall be paid in advance by the City whenever possible.

SECTION 10. Telephone/Fax/Cellular. City Council members will receive a

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· Resolution No. 06-__

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flat allowance for telephone and fax expenses incurred in connection with the performance of City business in the amount of $250 a month. The City Council finds that this amount accurately reflects average monthly expenses for telephone and fax usage; hence submission of bills is not required.

SECTION 11. Cash Advance Policy.

A. From time to time, it may be necessary for a City Official to request a cash advance to cover anticipated expenses while traveling . or doing business on the City's behalf. Such request for an advance should be submitted to the City Manager 5 days before the ne.ed for the advance with the following information:

1. The purpose of the expenditure(s);

2. The anticipated amount of the expenditure(s) (for example, hotel rates, meal costs, and transportation expenses); and

3. The dates of the expenditure(s).

C. In the event the City Manager is uncertain as to whether a request complies with this policy, the City Manager must seek City Council approval. ·
SECTION 12. Credit Card Use Policy.

B. City credit cards may not be used for personal expenses, even if the City Official subsequently reimburses the City.

SECTION 13. Expense Report Content and Submission Deadline.

A. All cash advance expenditures, credit card expenses and expense reimbursement requests must be submitted on an expense report form provided by the City.

B. Expense reports must document that the expense in question met the

ATTACHMENT C
Resolution No 06-

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. requirements of this policy. For example, if a meeting is with a legislator, the City Official should explain whose meals were purchased, what Issues were discussed and how those relate to the City's adopted legislative positions and priorities.

D. Inability to provide such documentation in a timely fashion may result in the expense being borne by the City Official.

E. All expenses are subject to verification that they comply with this policy.

SECTION 14. Reports to City Council. At the City Council meeting following an activity, each City Official must briefly report on meetings attended at Crty expense. If multiple City Officials attended, a joint report may be made.

SECTION 15. Compliance With Laws: Some expenditures may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disc!Osure under the California Public Records Act ·
SECTION 16. Violation ()f This Policy. Use of public resources or falsifying expense reports in violation of this Resolution may result in any or all of the following·
A. Loss of reimbursement privileges;
B. A demand for restitution to the City;
C. The City's reporting the expenses as income to the City Official to state and federal tax authorities:

D. Civil penalties of up to $1,000 per day and three times the value of the resources used; and ·
E. Prosecution for misuse of public resources.

ATTACHMENT C
Resolution No 06-_
Page B Of B
SECTION 18. The City Clerk is directed to certify the passage and adoption of this Resolution; cause it to be entered into the City of West Hollywood book of original Resolutions; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Resolution, cause it to be published or posted in accordance with California law.

SECTION 19.
adoption.

This Resolution will become effecti~e immediately upon its PASSED, APPROVED AND ADOPTED by the City Council of the City of West Hollywood at a regular meeting this 21st day of February, 2006 by the following vote:

AYES: Councilmember:

NOES: Councilmember:

ABSENT: Councilmember:

ABSTAIN: Councilmember:

ABBE LAND, MAYOR
ATTEST:

THOMAS R. WEST, CITY CLERK
APPROVED AS TO FORM:

MIKE JENKINS, CITY ATTORNEY

ATTACHMENT C
RESOLUTION NO. 14-4554

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF WEST HOLLYWOOD REVISING THE

POLICY FOR THE DISTRIBUTION OF TICKETS

AND PASSES RECEIVED BY THE CITY OF WEST

HOLLYWOOD

THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD DOES
HEREBY RESOLVE AS FOLLOWS:

SECTION 1 : The City Council finds as follows:

A. On January 1, 2012, the California Fair Political Practices Commission ("FPPC") amended its regulations regarding the distribution of tickets and passes received by public agencies, and the circumstances under which such distribution would not require disclosure by public officials as income or a gift;
B. The FPPC regulations continue to require the City to set forth a written policy regarding the distribution of tickets and passes received by the City;
C. The FPPC recognizes the discretion of local agency governing bodies, including the City Council, to determine if the distribution of tickets and passes serves a legitimate public purpose of the agency; D. The receipt of such tickets and passes is a resource of the City and not of its officials or employees;
E. The City desires to continue to distribute this resource in a manner that furthers the public purposes of the City, as described herein; and 'F. The City has a strong public purpose in ensuring the quality and continued improvement of events and attractions iri the City.

SECTION 2: Definitions. Unless specifically stated to the contrary, all terms in this Resolution shall be defined as set forth in California Government Code section 82000, et seq., and California Code of Regulations, Title 2, Division 6, Section 18944.1.

SECTION 3: Purpose of Policy. The purpose of this policy is to ensure all tickets and passes received by the City are distributed in furtherance of the City's stated public purposes and in accordance with California Code of Regulations, Title 2, Division 6, Section 18944.1.

SECTION 4: Application. This resolution shall apply only to tickets or passes distributed by the City to, or at the behest of, public officials. This

ATTACHMENT C
Resoluiton No. 14-4554

Page 2 of 3 ends

includes distribution of any tickets or passes received under contract or agreement where the consideration to the City includes a certain number of tickets or passes to the event which is the subject of the contract or agreement.

Tickets or passes received by an official from sources other than the City shall be treated in accordance with any applicable section of the Political Reform Act and FPPC regulations.

SECTION 5: Public Purposes. Tickets and passes shall be distributed by the City only in furtherance of any or all of the following public purposes:

A. Promotion of local businesses, events, tourism, or public facilities.

B. Promotion of public or private events on City-owned property.

C. Promotion of City programs, facilities, and available resources.

D. Promotion of programs and resources available to the City's residents from sources other than the City.

E. Promotion or acknowledgement of the achievements · or accomplishments of residents or businesses of the City.

F. Promotion of special events under any City contract or agreement.

G. Fostering or promotion of economic growth or economic development in the City.

H. Employee recognition or retention.

I. Practicing open government though appearances by public officials or participation at public or private events.

J. Hosting of public or private events intended to serve any of the public purposes identified in this Resolution.

K. As an inci¢ent _to the above public purposes, allowing for the immediate family of public officials to accompany the officials to events to accomplish any of the purposes listed in this Resolution.

SECTION 6: Limitations on Tickets or· Passes Distributed to Public Officials. Tickets or passes distributed to a public official under this policy are solely for the personal use of the official or his or her immediate family or no · more than one guest solely for their attendance at the event. Any unused ticket · or pass distributed to a public official under this policy must be returned to the City for redistribution if the ticket or. pass remains valid. Under no circumstances may the ticket or pass be sold or further distributed by the official, except to the official's immediate family for their personal use.

SECTION 7: Other Benefits Not Included. Recipient officials are cautioned to consult Section 18944.1 (f) of the FPPC regulations, which limits the ticket or pass gift exemption to only the benefit the official receives that are provided to all members of the public with the same class of ticket.

SECTION 8: Ticket or Pass Distribution. The City Manager, or his or her designee, shall be responsible for distribution of tickets or passes in accordance with this policy. The City Council hereby authorizes the City Manager to exercise the City's discretion in determining if distribution of the tickets or passes complies

ATTACHMENT C
\
Resoluiton No. 14-4554

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with this policy, including any distribution to the City Manager or his or her immediate family.

SECTION 9: Posting of Policy. This policy shall be posted on the City's website in a prominent fashion.

SECTION 10: Posting of Ticket or Pass Distribution. In accordance with Section 18944.1 (d) of the FPPC's regulations, any distribution of passes or ·tickets under this policy shall be recorded on FPPC Form 802 and maintained as a public record. The form will be forwarded to the FPPC for posting on their website. The form will also be posted in a prominent fashion on the City's website within thirty (30) days of the distribution. The posting shall contain all information required by Section 18944.1(d). The posting shall use FPPC Form 802, or other form approved for this purpose by the FPPC.

SECTION 11: The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City's original resolutions; and make a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting.

SECTION 12: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

PASSED, APPROVED AND ADOPTED by the City Council of the City of West Hollywood at a regular meeting held this 5th day of May, 2014 by the · following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Councilmember:

Council member:

Councilmember:

Duran, Land, Prang, Mayor Pro
Tempore Heilman and Mayor D'Amico.

None.

JOHN D'AMICO, MAYOR

ATTACHMENT C

CITY OF WEST HOLLYWOOD

ADMINISTRATIVE REGULATION
No. 102
Effective Date:

Revised:

SUBJECT: RECEIPT OF GIFTS
PURPOSE:
12/13/85
09/01/99
To establish a uniform policy regarding receipt of gifts by City officials and employees.

APPLICATION:

This Regulation shall apply to all City elected officials, appointed officials and employees (hereinafter "City official or employee").

Compliance with this Regulation does not ensure compliance with or excuse non compliance with the California Political Reform Act of 1974, as amended, and as implemented by the Fair Political Practices Commission.

DEFINITIONS:

Business before the City: A person or entity has "business before the City" for purposes of this Regulation if within twelve (12) months of offering a gift to a City official or employee, the person or entity: i) has or will submit a bid or proposal to the City to perform services or provide supplies or equipment; or ii) has or will submit an application to the City for a permit, license or regulatory approval of any kind.

Gift: A "gift" for purposes of this Regulation is any bestowal of money or anything of value, or provision of a discount or rebate, to any City official or employee for which nothing of equal or greater value is exchanged, or which is not required by law to be given, or which is given in appreciation of service rendered or perceived rendered by a City official or employee in the course and scope of his/her duties. "Gift" does not include: i) any discount or rebate made in the regular course of business and offered to the general public without regard to official status; ii) receipt of something of value from those who do not have business before the City; iii) inheritances; iv) plaques and trophies; and v) campaign contributions.

ATTACHMENT C
Adm in. Reg. No. 102

Page 2 ends

POLICY:

No City official or employee shall accept a gift from any person or entity with business before the City unless: (i) it is edible and can be shared with other employees (such as candy), (ii) it is something that can be displayed publicly in City Hall (such as flowers or art) and is conveyed immediately upon receipt to the City Manager, or his/her designee, for such purpose, or (iii) it is turned over immediately upon receipt to the City Manager, or his/her designee, and used as a raffle prize, the proceeds from which shall be donated to charity or deposited in the City's general fund. Under no circumstances shall a City official or employee accept a gift of cash from any person or entity with business before the City.

Any City official or employee who is offered or receives a gift shall advise the offeror of this policy and of the ultimate disposition of the proffered gift, and shall provide the offeror an opportunity to withdraw or reclaim the gift.

Nothing herein shall prohibit a gift or donation to the City in furtherance of its governmental purposes.
a784.mj2

ATTACHMENT C

CITY OF WEST HOLLYWOOD

ADMINISTRATIVE REGULATION
No. 414
Effective Date: 03-24-97
SUBJECT: POLITICAL ACTIVITY
Purpose
The City of West Hollywood encourages its employees to participate in the political and government process and be informed on public issues and candidates for public office.

However, the City has established guidelines relating to political activities of City employees based upon federal, state, and local laws and prohibits political activity that is illegal.

Application
The City's Administrative Regulation applies to all City employees (including City Manager, Assistant City Manger, Department Directors and Division Managers). Other City representatives such as City officials, Members of City Commissions, Boards, and Task-Forces, contractors, or consultants may also be prohibited from using their official relationship with the City to endorse or oppose political candidates or activities.

Policy
I. It is unlawful for the City of West Hollywood or its employees to expend City funds on partisan and/or political matters and on other issues that are on a ballot for an election. Additionally, this policy prohibits the use of employees' time, City equipment and supplies, and the payment of expenses for City officials who travel for the purpose of promoting a particular view on political matters.

2. The City may also prohibit or limit the solicitation or receipt of political funds or contributions to promote the passage or defeat of a ballot measure concerning working conditions during the working hours of its officers and employees. The City also has the right to limit entry into City offices for such purposes during working hours.

3. California Government Code prohibits officers and employees of the City from directly or indirectly soliciting political funds or contributions from other officers or employees of the City unless the solicitation is done through the mail and is part of a solicitation directed to a large segment of the public which may incidentally include officers and employees of the City of West Hollywood. This is designed to protect employees from feeling pressured into contributing to political causes or for fear that if they fail to do so, their job will be affected.
- I -

ATTACHMENT C
Political Activity

4. No City employee or official shall participate in political activities of any kind while in a uniform or other clothing that is issued by the City.

5. City employees and officials are prohibited from engaging in political activity or solicitation during working hours and on the City's property.

6. The Hatch Act applies to all employees whose positions are funded by federal funds.

According to this Act, the following acts or activities are prohibited:
a) Use of an employee's official authority or influence for the purpose of interfering with or affecting the result of an election or nomination for office. b) Direct or indirect coercion, attempts at coercion, commanding or advising a state or local officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency or person for political purposes. c) Candidacy for a partisan elective office.
d) Participation in partisan or non-partisan political activities during working hours.

Employees who are on sick leave, vacation or other leave are governed by the provisions of the Hatch Act while on the leave.

Responsibilities
I. The City expects all employees, City officials, Members of City Commissions, Boards, and Task-Forces to be responsible for adhering to the City's policy regarding political activities. Additionally, contractors, consultants, or others doing business for or with the City will be required to abide by the City's policy regarding political activities while engaged in City business or activities.

2. It is the responsibility of the City Manager, all Department Directors, Division Managers and any other supervisory employee to use their best efforts to take the necessary and proper steps, including disciplinary action, to prevent improper or illegal political activities by City employees.

3. Supervisors should promptly investigate any complaint or report of improper or illegal political activities and notify the Human Resources Division or City Manager of any findings or suspected findings.

4. Any employee who feels that improper political activities are occurring on City property is strongly encouraged to bring the issue up to his/her supervisor, the Human Resources Manager, or the City Manager.

5. The Human Resources Manager is responsible for promptly initiating an investigation after receiving a complaint or report of suspected illegal political activity.
- 2 -

ATTACHMENT C
Political Activity
Procedures

1. In determining whether a reported political activity is improper, the totality of circumstances, the nature of the act or behavior, and the context in which the reported incident occurred will be investigated.

2. Individuals found to have engaged in any form of improper or illegal political activity, as defined by this policy, will be subject to disciplinary action, according to the City's disciplinary procedures, which will be based on a number of factors including the severity of the conduct and the past history of the individual's conduct.

3. Statement of findings and disciplinary action taken will be included in the offending party's permanent personnel file and in his/her performance evaluation, unless the investigation discloses no misconduct.

4. An employee or individual working for or representing the City who knowingly makes a false claim against another employee of improper or illegal political activity will be subject to disciplinary action up to and including termination. - 3 -

ATTACHMENT C

CITY OF WEST HOLLYWOOD

ADMINISTRATIVE REGULATION
No. 306 revised
Revised effective 4-1-91
SUBJECT: TRAVEL REIMBURSEMENT PROCEDURES RULES AND

REGULATIONS
The City of West Hollywood recognizes the constructive value of professional conferences, seminars, and meetings. To that end, the City provides travel funds for City officials, department directors, division managers, and other employees who attend such official events. This is recognized as "administrative" travel. However, in an effort to allow more employees to travel, while also keeping costs low, it is necessary to keep travel expenditures at a minimum.

Travel funds for out-of-state meetings will normally be provided only for City elected officials, department directors and division managers. Other employees may be provided with travel funds for conferences held within the State of California. Any exceptions shall be submitted to the City Manager for approval. Final travel approval shall come from the City Manager via a Travel Request form (attached), submitted near the actual date of travel.

Requests for additional travel funds will not normally be approved except in cases of emergency or other special situations. In such instances, requests must be routed through the Finance Division for City Manager approval.

Per Diem and Computation
Any officer or employee who is required or authorized by the Council or City Manager to travel in the discharge of his/her duties shall receive, in addition to his transportation and hotel accommodation expenses, a per diem allowance for each day or fraction thereof while so engaged on a trip lasting more than one day. For those City employees who elect to ·use actual versus per diem rate, reimbursement will be made up to $80.00 per day.

Councilmembers/City Manager $50 per diem, or may elect actual expenses Other employees $50 per diem
For trips of only one day, or when overnight lodging was not required, receipts must be submitted for expenses other than travel, and the employee will be reimbursed for either receipts or per diem, whichever is less.

Per diem shall be allowed or reimbursed for days actually spent on City business, for programmed days of a conference or meetings, and for time spent in travel by air. Per diem for time spent in travel other than by air, such as rail or automobile, must be

ATTACHMENT C
approved by the City Manager. Per diem shall be computed for the days of the conference attended and for travel days not to exceed one day before and after the conferences, and shall be allowed only if time and/or travel schedules prohibit travel at reasonable hours on the actual beginning and ending days of a conference.

Department directors may adjust per diem (not to exceed the maximum allowable) in instances (a) in which some or all meals are provided by the school or seminar or in the registration fee, or (b) in which the employee commutes to the conference from home. A similar adjustment may be made in departure/arrival times.

ATTACHMENT C
Transportation

1. Travel by Air - All travel on City business by one employee outside the six county SCAG region and the City of Santa Barbara shall be by air unless the City Manager approves another mode of transportation. Reimbursement shall be calculated on the basis of the cost of travel by air using the shortest and most direct route. All air travel shall be booked at least a week in advance, when possible, so as to receive the lowest fares possible, other than night coach, which may be chosen by the individual but is not required. No air travel shall be first class. If two or more employees are traveling within a day's drive (no more than 4 hours), they should usually travel together, by car, instead of air.

2. Use of Private Vehicle - If a personal vehicle is used for travel, transportation allowance or reimbursement shall be based on the cost of air travel and transportation from the airport to the point of destination and return, or the current per mile rate allowed under IRS rules, whichever is less (see example below).

Example:
• Drive to Santa Barbara= 185 miles round trip
• Reimbursed $.24 per mile= $.24 x 185 = $44.40
• Air travel to Santa Barbara = $101 round trip
• Transportation to conference from airport by Air Limo= $13.00 round trip • $101 + $13 = $114.00
($44.40<$114.00, so the reimbursement is $44.40)

3. Use of City-owned Vehicle - There shall be no allowance or reimbursement for transportation when a City-owned vehicle is used. However, any out-of-pocket expenses incurred in operating the vehicle shall be reimbursed. All receipts, including those acquired from the use of a City credit card, must be turned in upon return and charged to the proper department.

Hotel Accommodations
All officers and employees shall either prepare a Request for Payment and receive funds in advance, be reimbursed for hotel accommodations, or by City credit card.

Reimbursable days for lodging requests should correspond to the foregoing travel policy regarding dates of arrival and departure. The expenses of!ocal telephone calls and official long distance calls, which are billed on the hotel statement, are allowed as hotel accommodation expenses.

Additional Allowance
Authorized City officials and employees will be reimbursed for conference registration fees, vehicle parking expenses and, if travel is by air, transportation expenses at the point of destination to the hotel and for return from the hotel to the point of departure. The

ATTACHMENT C
City Manager is authorized to make exceptions or restrictions in the above policy when such variations will be more economical to the City.

PROCEDURE
The traveler should submit a travel request form to his/her Division Manager (under $1,000) or Department Director ($1,000 or over) and, if necessary, the City Manager, at least two weeks ahead of the scheduled trip. Once the trip is approved, the proper forms (explained below) must then be completed and forwarded to the Finance Division for processing.

A. Travel Advance Requested
Advance travel expenses for travel outside the metropolitan Los Angeles area should not be drawn from petty cash. Under emergency or special circumstances, it may be necessary to use a petty cash advance; however, this should be an exception and avoided whenever possible.

Ifan advance is approved by the Division Manager (under $1,000) or Department Director ($1,000 or over), the following procedure should be followed:

1. A Request for Payment form should be prepared indicating expenses for which funds are required.

2. Advance public transportation will usually be handled through a local travel bureau. Advance booking of air travel shall be expected so the City may take advantage of reduced rates. In most cases, the travel agency will bill the City directly. A Request for Payment should be processed in those instances where the warrants are to be made payable to the travel agency.

3. Advance hotel reservations (requiring deposit) and registration fees should be processed on a Request for Payment form( s) in those instances where the warrants are to be made payable to the hotel and/or the conference sponsor.

4. It is desirable that all Request for Payments pertaining to the scheduled trip be submitted to Finance at the same time.

5. Immediately upon return from a trip, the traveler should complete a Travel Expense form according to instructions found on the form and forward it to the Finance for processing.

6. If the form indicates that cash advances exceeded actual expenses, the traveler's personal check, made payable to the City, should accompany the submittal.

7. Where applicable, a reimbursing warrant will be issued to the traveler.

B. No Travel Advance Requested (Approved)

ATTACHMENT C
I. All expenses incurred by the traveler must be documented with receipts, except those covered by per diem.

2. Immediately upon return from a trip, the traveler should complete a Travel Expense form according to instructions found on the form and forward it to Finance for processing.

3. If the form indicates cash advances have exceeded actual expenses, the traveler's personal check, made payable to the City, should accompany the submittal.

4. Where applicable, a reimbursing warrant will be issued to the traveler.

C. Travel Expense Report
This report must be completed by all persons upon returning from travel within 5 working days and submitted to Finance.

NOTE: WHEN TRAVEL IS REIMBURSED BY A GRANT, SPECIAL

ARRANGEMENTS MUST BE MADE WITH THE FINANCE OFFICER TO
ASSURE APPROPRIATE COMPENSATION.

ATTACHMENT C

CITY OF WEST HOLLYWOOD

TRAVEL REQUEST
REASON FOR TRAVEL/CONFERENCE TITLE: ----------------
LOCATION: ---------------------------·
DATES: ______________________________ _
DATES OF TRAVEL: ________________________ _

ESTIMATED CONFERENCE EXPENSE
TRAVEL - AIR $ __________ _
- Personal car@ $.25/rnile
- Other (specify)
HOTEL ___ nights@$ ____ _

PER DIEM

REGISTRATION
OTHER
TOTAL $
ADVANCE OF FUNDS YES NO Amount $ -----------
Traveler's signature Department Director's/Division Head's Signature Amount Budgeted $ __________ _
Funds Available? Yes No Per Diem
Finance Director Actual Expenses
City Manager's Signature Date

ATTACHMENT C

CITY OF WEST HOLLYWOOD

TRAVEL EXPENSE REPORT
ASSOCIATION _________ _ WHERE ___ ~----------
DATE ARRIVED DATE DEPARTED _________ _
Please itemize your expenses and return to the City within 7 days following the conference.

Items directly paid by the City (either check or charge card) need not be reported on this form.

ADVANCE TRAVEL EXPENSE
TRAVEL EXPENSES:

Registration
Transportation: plane, bus, train
Mileage: ___ miles @ $ per mile ---
Lodging: ___ nights@$ _____ _
PER DIEM OR ACTUAL EXPENSES:

PER DIEM
-----~-- x $ -------number of days per diem rate
ACTUAL (attach receipts)
Meals
OR
Miscellaneous and incidental
(list on reverse side)

TOT AL EXPENDITURES
check# ----- $ _______ _
$ _________ _
$ __________ _
$ _________ .
$ __________ _
$ _________ _
$ _________ _
$ __________ _
$ __________ _
AMOUNT OF EXPENSES IN EXCESS OF ADVANCE $
AMOUNT OF ADVANCE IN EXCESS OF EXPENSES $ -----------
Approved by Finance Officer Signature Date

ATTACHMENT C

CITY OF WEST HOLLYWOOD

MILEAGE REIMBURSEMENT CLAIM
TO: Finance Department
FROM: Name
Department
-
Date: MM/DDNY Pnmose of Trio/Destination
I.

2. 3.

4. 5.

6. 7.

8. 9.

10. 11.

12. 13.

14. Parkino Total
Employee's Signature: ____________ _ Total Miles: _____ @$. __ /mile.

Supervisor's Signature: ___________ _ Total Reimbursement $ Department Director's Signature ________ _ To Account# __________ _

ATTACHMENT C
Chapter 2.76 Election and Campaign Regulations Page I of3

2.76.010 Purpose,
The purpose of this chapter is to establish limits on the amounts of money that may be contributed to political campaigns in municipal elections for City Council office. It is the City Council's intent to address the perception that unregulated campaign contributions lead to improper influence over elected officials and to establish realistic, narrowly tailored and enforceable limits on the amounts which may be contributed to political campaigns consistent with rights of political expression protected by the United States Constitution.

The City Council finds that the establishment of campaign contribution limits is authorized by Section I 0202 of the California Elections Code and Section 81013 of the California Government Code.

The Council further finds that the limit imposed herein is not so low as to infringe on candidates' ability to communicate with the voters, as evidenced by the research and report prepared by the City Clerk indicating that in recent municipal elections the large majority of contributions were in amounts at or lower than the limit imposed herein.
(Ord. 09-835 § 1, 2009; Ord. 09-830 § 1, 2009)

2.76.020 Definitions.

The definitions set forth in the Political Reform Act of 1974, as amended (California Government Code Sections 81000 et seq.) shall govern the interpretation of this chapter. As used in this chapter:
a. The word "candidate" shall include a candidate's controlled committee. b. A "committee" shall be limited to a committee formed or existing primarily to support or oppose a candidate for City Council.
(Ord. 09-835 §I, 2009; Ord. 09-830 § 1, 2009)

2.76.030 Contribution Limitations.

No person shall make a contribution to any candidate that would cause the total amount contributed by such person to exceed five hundred dollars ($500.00) in connection with any single election. No candidate for City Council shall solicit or accept a contribution from any person that would cause the total amount received from such person to exceed five hundred dollars ($500.00) in connection with any single election.

For purposes of this section:
a. Contributions by spouses or domestic partners shall be treated as separate contributions and shall not be aggregated.
b. Contributions by children under the age of eighteen shall be attributed equally to each parent or guardian.

This section shall not apply to expenditures by a candidate of his or her own funds in support of his or her own campaign.
(Ord. 11-866 § 1, 2011; Ord. 09-835 § 1, 2009; Ord. 09-830 § !, 2009) http://qcode.us/codes/westhollywood/view. php?topic=2-4-2 _ 7 6&show All= 1 &frames=on 6/2/2015

ATTACHMENT C
Chapter 2.76 Election and Campaign Regulations Page 2 of3 No person shall make a contribution to any candidate or any committee prior to the date that is twenty four months before the election for which the contribution is made. No candidate for City Council or any committee shall solicit or accept a contribution from any person prior to the date that is twenty-four months before the election for which the contribution is made. (Ord. 13-907 § 1, 2013; Ord. 09-835 § 1, 2009; Ord. 09-830 §I, 2009)

2.76,050 Ca111paign~cc()un.ts., .....

No candidate for City Council or committee shall expend contributions received in connection with a particular election on campaign expenses associated with a subsequent election. Campaign accounts of candidates elected to office in which there is a surplus following payment of campaign debts shall be redesignated as officeholder accounts and maintained in compliance with Section 2. 76.060. Any surplus funds beyond those permitted to be retained in an officeholder account shall be expended exclusively in compliance with Government Code Section 89515 or remitted to the city to be used for programs that enhance voter education and participation in elections. Candidates shall provide the City Clerk with documentary evidence that the balance in their campaign accounts complies with Section 2. 76.060 within ten days of redesignation of the account as an officeholder account.
(Ord. 13-907 § 1, 2013; Ord. 09-835 § 1, 2009; Ord. 09-830 § 1, 2009) Following the municipal election at which a candidate is elected or re-elected, the candidate's campaign account shall be redesignated as an officeholder account. No person shall make and no City Councilmember shall solicit or accept a contribution directly into an officeholder account. An officeholder account shall not hold more than ten thousand dollars ($10,000.00) at any one time. Funds in an officeholder account shall be used only for officeholder expenses associated with holding office in accordance with Sections 89512 through 89519 of the California Government Code, excluding that part of Subsection 895 l 3(g) pertaining to loans to candidates, political parties or committees. Funds in an officeholder account shall not be used or expended: (a) in connection with an election of the City Councilmember or any other person for any elected office; (b) for campaign consulting, research, polling or similar services in connection with an election; (c) for membership dues in any athletic club or similar club or organization membership in which is primarily personal or social (but excluding membership in or contributions to community-serving or civic organizations); (d) as supplemental compensation for city employees for performance of an act that would be required or expected of that person in the regular course of his or her duties; or (e) for any expenditure that would violate the provisions of Government Code Sections 89506 and 89512 through 89519. Every City Councilmember who establishes and maintains an officeholder account shall file with the City Clerk a semi-annual report on a form provided by the Clerk enumerating all deposits into the officeholder account and identifying all disbursements from the account in excess of one hundred dollars ($100.00) by showing the payee, date, amount, person(s) whose expenses were reimbursed and purpose of each such disbursement. The Councilmember shall retain all receipts, invoices and other documents documenting disbursements from the account. (Ord. 09-835 § 1, 2009; Ord. 09-830 § 1, 2009)
In addition to any other remedy provided by law, the portion of any contribution that exceeds the maximum contribution permitted by this chapter shall be remitted to the city and used for programs that enhance voter education and participation in elections. http://qcode.us/codes/westhollywood/view. php?topic=2-4-2 _ 7 6&show All= 1 &frames=on 6/2/2015

ATTACHMENT C
Chapter 2.76 Election and Campaign Regulations Page 3 of 3 (Ord. 09-835 § I, 2009; Ord. 09-830 § I, 2009)
http://qcode.us/codes/westhollywood/view. php?topic=2-4-2 _ 76&show All= 1 &frames=on 6/2/2015

ATTACHMENT C
Chapter 2.72 Lobbying Page 1 of2

2.7.2.010 L()bbyist ::[)efi11ed ...
"Lobbyist" shall mean any individual who is employed, retained or contracts for economic consideration to communicate with any elective official or any officer or employee of the City of West Hollywood for the purpose of influencing a legislative or administrative action. (Ord. 85-44, 1985; prior code§ 21000)

2.7;2,Q:2Q~_e9i~tr:<1ti<>..1l'....................... ... -··························· ························· ............... .

Prior to conducting any activities for the purpose of influencing any action by the City of West Hollywood, any lobbyist shall register with the City Clerk by filing a written statement containing:
a. The lobbyist's full name, business address and telephone number; b. The name, business address and telephone number of any individual or entity by whom the lobbyist is employed or with whom he or she contracts to perform lobbying services in the city; and c. A description of the subject matter of the lobbyist's engagement. (Ord. 97-491§I,1997; Ord. 85-44, 1985; prior code§ 21001) A lobbyist is deemed to be registered with the City Clerk ifhe or she has otherwise provided the City of West Hollywood in writing with the information required by Section 2.72.020 or has appeared at a public meeting of the City of West Hollywood and has stated the required information for the record. (Ord. 85-44, 1985; prior code§ 21002)
The City Clerk may charge a fee for filing, amending and/or renewal of a registration, the amount of which shall be determined by resolution of the City Council. (Ord. 97-491§2, 1997; prior code§ 21003)

2. 72 .. 0SQ R,egistration :: 'fhne, ..

Every lobbyist required to file a registration statement under this chapter shall register with the City Clerk no later than ten days after being engaged as a lobbyist, and shall renew the registration annually as· required in Section 2.72.060.
(Ord. 97-491§3, 1997; prior code§ 21004)
Registration shall be renewed with the City Clerk on an annual basis between May 21st and June 1st of each year. Registration shall be valid for one year.
http://qcode.us/codes/westhollywood/view. php?topic=2-4-2 _ 72&show All= I &frames=on 61212015

ATTACHMENT C
Chapter 2.72 Lobbying Page 2 of2
(Ord. 97-491§3, 1997; prior code§ 21005)

2. 7_2_,()70. _A111encl111entof llE!9_istr<ltion ___ Infor111ation ..... .

If any change occurs concerning any of the information required by Section 2.72.020, the lobbyist shall file an amendment reflecting the change within ten days of the change. (Ord. 97-491§2, 1997; Ord. 85-44, 1985; prior code§ 21006)

2.72.080 Notice of Termination.

Lobbyists may file a notice of termination with the City Clerk within ten days after ceasing all activity which required registration.
(Ord. 97-491§2, 1997; prior code§ 21007)

2. 7 2.090_ P()St-i: 1T1P'<>Yrne11t Lobbyi119. __ ..
a. Members of the City Council and their deputies, members of the Planning Commission, department heads, and division managers are "designated employees and officials" for purposes of this section. b. Designated employees and officials shall not, for a period of one year after leaving that office or employment, act as agent or attorney for, or otherwise represent, for compensation, any other person, by making any formal or informal appearance before, or by making any oral or written communication to, the City Council or any committee, subcommittee, Board, Commission, or present member thereof, or any officer or employee of the City, ifthe appearance or communication is made for the purpose of influencing administrative or legislative action, or influencing any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property.
c. Subsection (b) shall not apply to any individual who is, at the time of the appearance or communication, a board member, officer, employee, or representative of another local government agency, a public agency, or a nonprofit organization, and is appearing or communicating on behalf of that agency or organization.
(Ord. 14-941§1, 2014)
http://qcode.us/codes/westhollywood/view. php?topic=2-4-2 _ 72&show All= I &frames=on 6/2/2015

ATTACHMENT C

City Council Protocol Manual

Prepared by:

Office of the City Clerk
City of Lodi
221 W. Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
[email protected]

ATTACHMENT C

TABLE OF CONTENTS

1. PURPOSE

2. STATUTORY REQUIR EMENTS/REGULATIONS

2.1 The Brown Act

2.2 Political Reform Act

2.3 Lodi Municipal Code (LMC)

2.4 LMC Chapter 2.04 Relati ng to Council Meetings

2.5 Rules of Conduct of Meetings, Proceedings, and Business (Res. 2006-31)

2.6 City of Lodi Admi nistrative Policy Manual

2.7 Code of Ethics & Values (Res. 2019-278)

2.8 AB1234 Mandatory Ethics Training

2.9 AB1661 Sexual Harassment Prev ention Training and Education

3. COUNCIL ORGANIZATION

3.1 Newly-Elected Members

3.2 Reorganization

3.3 Selection of Mayor and Mayor Pro Tempore

3.4 Duties of Mayor and Mayor Pro Tempore

3.5 Seating Order

3.6 Representation at Ceremonial Functions

3.6a Issuance of Proclamations an d Certificates, Presentation of Gifts, and Public Recognition

4. COUNCIL ADMINISTRATION

4.1 Salaries and Benefits

4.2 Travel and Expense Reimbursements

4.2a City of Lodi Tr avel Policy (Res. 2019-172)

4.2b Appointment of Delegate/Alterna te to National League of Cities and League of California Ci ties Annual Conferences
(Res. 2015-184)

4.3 Protocol Account Policy (Res. 2000-126)

4.4 Appointment of City Council Appointees (LMC Title 2)

4.5 Evaluation of City Coun cil Appointees (Res. 2002-224)

5. COMMISSIONS

5.1 Commissions

5.2 Board, Committee, and Commission Appointment and Removal

5.3 Commission Re sponsibility

5.4 Council Contact with Commissions

5.5 Ad Hoc Committees and Task Forces

5.6 Annual Recognition

5.7 Council Service on Commissions

5.8 Regional Boards

ATTACHMENT C

6. MEETING GUIDELINES & PROCEDURES

6.1 Attendance / Quorum

6.2 Meeting Dates and Location

6.2a Regular Meetings & Informal Informational (Shirtsleeve) Sessions

6.2b Special/Joint/Adjourned/Emergency Meetings

6.3 Agenda / Council Meeting

6.3a Agenda Packet Preparation

6.3b Placing Item s on the Agenda

6.3c Order of Agenda Items

6.3d Agenda Posting

6.3e Americans with Disabilitie s Act Statement and Language Interpreter

6.3f Limitation to Act Only on Items on the Agenda

6.3g Supplemental Informat ion (“Blue Sheet” Items)

6.3h Closed Session

6.3i Invocations/Calls to Civic Responsibility

6.3j Presentations

6.3k Consent Calendar

6.3l Public Comments

6.3m Council Comments on Non-Agenda Items

6.3n Public Hearings

6.3o Regular Calendar

6.3p Ordinances

6.3q Resolutions

6.3r Minute Motion

6.3s Agency Meetings (LPIC, IDA, LFC, LPFA)

6.3t Council Communications / Staff Reports

6.3u Submitted Materi als at or Before Meetings are Public Records

6.3v Electronic Mail Communica tions, Prohibited during Meetings

6.3w Minutes

6.4 Rules of Conduct

6.4a Discussion Rules

6.4b Council Comments (Related to Items on the Agenda)

6.4c Speaker Time Limits

6.4d Council Questions of Speakers

6.5 Decorum

6.5a Council Members / Council Appointees

6.5b City Employees

6.5c Public

6.5d Noise in the Chambers

6.6 Use of Council Chambers

ATTACHMENT C

iii

7. COMMUNICATIONS

7.1 Processing and Delivering of City Council Mail by City Clerk’s Office

7.2 Council Calendar

7.3 Citizen Complaint Process

7.4 Use of City Letterhead or City Seal

7.5 Communications with Staff

7.6 Complaints Regarding Performance of Staff

7.7 Handling of Litigation / Confidential Information

7.8 Representing Majority vs. Individual Opinion

7.9. Legislative Communi cations at the Reques t of City-Affiliated Organizations

8. CONFLICT OF INTEREST / ECONOMIC DISCLOSURE REQUIREMENTS

FOR PUBLIC OFFICIALS

8.1 Conflict of Interest

8.2 Statements of Economic Interest

8.3 Make and Participate in Making a Decision

8.4 Advice from City Attorney Regarding Conflict of Interest

8.5 Using Official Position to Influence

APPENDIX: Reference Table of Amendments

EXHIBIT A: Chapter 2.04, “City Council Meetings”

EXHIBIT B: Resolution 2006-31 Establishing Rule s for the Conduct of Meetings, Proceedings and Business

EXHIBIT C: Resolution 2004-115 Adopting City of Lodi Code of Ethics and Values

EXHIBIT D: Resolution 2009-146 Adopting Policy Regarding Legislative Invocations Before Meetings of the Lodi City Council

ATTACHMENT C
City Council Protocol Manual

Page 1 of 29 ends

CITY COUNCIL PROTOCOL MANUAL

1. PURPOSE

The purpose of establishing the City Co uncil Protocol Manu al is to provide guidelines for the City Council to conduct its business in an orderly, consistent, and fair manner.

The protocols set forth herein are not intended to limit the inherent power and general legal authority of the City Council. Any of the protocols herein may be waived by a majority vote of the Council Members when it is deemed that there is good cause to do so based upon the particular facts and circumstances.

The protocols shall be amended by a ma jority vote of the Council Members and may be amended administratively by the City Clerk’s Office in order to remain current with federal, state, and local law.

2. STATUTORY REQUIR EMENTS/REGULATIONS

Certain state laws and other established regulations exist, which govern various responsibilities of the City Council. This protocol manual is not intended to duplicate, fully articulate all requirements, or repeal any existing statutes or regulations. City Counc il Members are responsible for becoming familiar with these statutes and regulations.

2.1 The Brown Act

The Ralph M. Brown Act provides that all meetings of a legislative body, whether meetings of the City Council or its appointed commissions and committees, shall be open and public and all persons shall be permitted to attend. Notice s of such meetings must be made 72 hours prior to the meeting (or 24 hours in the case of a special meeting). A “meeting” takes place whenever a quorum is present and subject matter related to the City business is heard, discussed, or deliberated upon. Laws and regulations also exist to prevent efforts to thwart these requirements by using intermediaries or multiple conversations to achieve collective concurrence.

2.2 Political Reform Act

The Political Reform Act states that public officials shall perform their duties in an impartial manner, fr ee from bias caused by their own financial interests or the financial interests of persons who have supported them. The Political Reform Act establishes regulations regarding conflicts of interest s and campaign receipts and expenditures.

ATTACHMENT C
City Council Protocol Manual

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2.3 Lodi Municipal Code (LMC)

The Lodi Municipal Code consists of those codified ordinances of general municipal regulations and laws of the City of Lodi.

2.4 LMC Chapter 2.04 Relati ng to Council Meetings

LMC Chapter 2.04, “City Council Meetings” (Exhibit A), sets forth the Regular Meeting and Shirtsleeve Sessi on dates, times, and location and further establishes rules for the conduct of City Council meetings.

2.5 Rules of Conduct of Meetin gs, Proceedings, and Business (Res. 2006-31)

Resolution No. 2006-31 (Exhibit B), adopted by the Lodi City Council on February 15, 2006, establishes rules for the conduct of City Council meetings, proceedings, and business.

2.6 City of Lodi Admi nistrative Policy Manual

The Administrative Policy Manual consolidates all administrative policies and procedures of a general or inter-departmental nature into one document. Administrative regula tions meet the following criteria:
1) are directed toward an ongoing City process or procedure; 2) are limited to one major subject area; an d 3) are applicable to more than one City department. Ad ministrative regulations are issued from the City Manager’s Office.

2.7 Code of Ethics & Values (Res. 2019-278)

Resolution No. 2019-278 (Exhibit C), adopted by the Lodi City Council on December 18, 2019, sets forth th e code of ethics and values for Lodi City Council Members and City Council appointees.

The proper operation of democratic government requires that decision- makers be independent, impartial, and accountable to the people they serve. The City of Lodi has adopted this code of ethics and values to promote and maintain the highest st andards of person al professional conduct in the City’s government.

2.8 AB1234 Mandatory Ethics Training

Government Code sections 53235 an d 53235.1 state that, if a local agency provides compensation, salary , or a stipend to a member of a legislative body or reimbursement for expenses incurred by a member of a legislative body in the performance of official duties, then all local agency officials shall re ceive two-hour training in ethics. The City of Lodi provides a training opportunity in December of even-numbered years; the League of California Cities and other agencies offer training opportunities through conferences; and on-line training is available through sources such as the Fair Political Practices Commission and Institute of Local Government.

ATTACHMENT C
City Council Protocol Manual

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The City Council mandates that the following positions, commissions, and/or individuals are required to receive ethics training upon being hired or appointed and by Dece mber 31 of even-numbered years thereafter: City Council Members; City Council Appointees (i.e. City Manager, City Attorney, City Clerk); Executive Managers; and members of all boards and commi ssions (EXCEPTION: Greater Lodi Area Youth Commissioners ~ Student Appointees).

2.9 AB1661 Sexual Harassment Prev ention Training and Education

AB1661 (Government Code sections 53237-53237.5) requires local agency officials, includ ing Council Members, to receive two hours of sexual harassment prevention training and education within the first six months of taking office and every two years th ereafter if the agency provides any type of compen sation, salary, or stipend to those officials. The City of Lodi may provide tr aining opportunities periodically and the League of California Cities and other agencies offer training opportunities through conferences.

3. COUNCIL ORGANIZATION

3.1 Newly-Elected Members

Newly-elected Council Members are swor n into office generally at the first regular Council meeting in December following certification of the general municipal election by the San Joaquin County Registrar of Voters. Immediately upon election (even before being sworn into office), newly-elected Council Members are subject to the provisions of the Brown Act. Newly-elected Council Members shall not be allowed to attend closed sessions before being sworn into office.

3.2 Reorganization

Pursuant to Lodi Muni cipal Code Section 2.04. 070, “Presiding officer— Mayor—Mayor Pro Tempore,” the reor ganization of the Council shall occur annually at the first regular Council meeting in December by electing a Mayor and Mayor Pro Te mpore. In election years, the reorganization will occur at the regular Council meeting in December at which the San Joaquin County Registrar of Voters’ certification of the general municipal election is presented.

A community reception honoring the incoming Mayor, outgoing Mayor, and Council Members is traditionally held immediately following the reorganization meeting.

3.3 Selection of Mayor and Mayor Pro Tempore

The term of office for the Mayor and Mayor Pro Tempore shall be one year. A majority vote of the Counc il is necessary to designate a Mayor and Mayor Pro Tempore. The electi on of the Mayor and Mayor Pro Tempore will take place as follows:
 City Clerk will conduct the election for the office of Mayor.  Following the election, the City Clerk will turn over the gavel to the newly-elected Mayor, who will then conduct the election for the office of Mayor Pro Tempore.

ATTACHMENT C
City Council Protocol Manual

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The vote is taken in the order the nominations are made with the first individual receiving a majority vote being elected to the office of Mayor or Mayor Pro Tempore.

3.4 Duties of Mayor and Mayor Pro Tempore

The Mayor shall preside at the meetings of the Council. If he/she is absent or unable to act, the Mayor Pro Tempore shall serve until the Mayor returns or is able to act.

In the absence of the Mayor and Ma yor Pro Tempore, the City Clerk shall call the Council to order, whereupon a temporary Chairperson shall be elected by the members of the Council present.

The Mayor meets with the City Manager, Deputy City Manager, City Attorney, and City Clerk one week pr ior to Council meetings to review the draft agenda.

(Refer to LMC Section 2.04.070, “P residing officer—Mayor—Mayor Pro Tempore,” LMC Section 2.04.080, “Call to order—Temporary chairman,” and Res. 2006-31 for additional duties of Mayor and Mayor Pro Tempore.)

3.5 Seating Order

Following the Council reorganization, the City Clerk shall designate the seating order for the Council dais.

3.6 Representation at Ceremonial Functions

The Mayor shall represent the Counc il at ceremonial functions. The Mayor may, at his/her own discretion, ask another Council Member to represent the Council at any function.

Council Members shall be reimburs ed for admission, meal expenses, and mileage to attend ceremonial functions, for which the Council Member was invited to represent the City, pursuant to the City of Lodi Travel Policy.

3.6a Issuance of Proclamations an d Certificates, Presentation of Gifts, and Public Recognition

PROCLAMATIONS AND CERTIFIC ATES OF RECOGNITION OR
APPRECIATION: All requests for proclamations and certificates are subject to approval by and prepared on behalf of the Mayor.

Proclamations and certificates are signed by the Mayor, and are prepared in response to the type of recognition requested (which may include recognition of individuals, groups, and events of significance to the Lodi community). Proclamations and certificates may be presente d at a City Council meeting or at an outside event or meeting. Typically, requests are honored for presentation at a Council meeting only if a local
representative from the reques ting agency can appear to accept the certificate.

ATTACHMENT C
City Council Protocol Manual

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PRESENTATION OF GIFTS: Requests for plaques, gifts, awards, or other Protocol Account expens es shall be approved by the Mayor, or by the City Council should the amount be over $1,000 (refer to Res. 2000-126, “Protocol Account Policy”).

IN MEMORY OF: A meeting may be adjourned in memory of an individual at the direction of the Mayor or Member of the City Council. The individual’s family will be mailed a letter by the City Clerk’s Office acknowledging the adjournment.

4. COUNCIL ADMINISTRATION

4.1 Salaries and Benefits

Council salaries are established by LMC Chapter 2.08, “City Council Salaries.” Government Code section 36516 provides specific restrictions for adjusting Council salaries. Council Members shall be entitled to certain be nefits, as outlined in Resolution No. 2018-254, which was adopted on December 19, 2018.

4.2 Travel and Expense Reimbursements

The Council shall establish an annual budget for conferences, meetings, training, and representation at ceremonial functions. Council Members shall attend these functi ons at his/her own discretion for purposes of improving comprehension of and proficiency in municipal affairs and/or legislative operations.

The Mayor will be allocated an additional $500 per year for representation expenses.

The expenses of spouses who accompany public officials in the conduct of their public duties cannot be reimbursed (75 Cal. Op. Att’y. Gen. 20 (1992)).

4.2a City of Lodi Tr avel Policy (Res. 2019-172)

Council Members shall be subject to the City of Lodi Travel Policy as adopted by the Lodi City Council on August 21, 2019.

4.2b Appointment of Delegate/Alterna te to National League of Cities and League of California Ci ties Annual Conferences
(Res. 2015-184)

Pursuant to Resolution No. 2015-184, adopted by the Lodi City Council on October 21, 2015, th e Mayor shall serve as the voting delegate and the Mayor Pro Tempore shall serve as the voting alternate for all National League of Cities and League of California Cities annual business meetings. If a Council Member, however, serves on the League of California Cities (LCC) Executive Board of Directors, the LCC Central Valley Division Board of Directors, or in any other League capacity, priority shall be given to that in dividual to be designated as the Voting Delegate. In the event that the Mayor, Mayor Pro Tempore, and/or a Council Member serving on an LCC Board does not attend, the Mayor shall make the selection of the Voting Delegate and/or Voting Alternate.

ATTACHMENT C
City Council Protocol Manual

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4.3 Protocol Account Policy (Res. 2000-126)

Pursuant to Resolution No. 2000-126, adopted by the Lodi City Council on July 19, 2000, expenses used for such occasions as Council receptions and business luncheons, joint dinner meetings with various agencies and organizations, and supplies associated with Mayoral duties (e.g. plaques and awards, sy mpathy and congratulation tokens, etc.) require specific City Council approval, if over $1,000. A monthly itemized report of the Protocol Acco unt shall be provided to the City Council by the City Clerk.

4.4 Appointment of City Council Appointees (LMC Title 2)

Pursuant to LMC Section 2.12.010, “Office established—Appointment— Qualifications,” the office of City Manager is established, which shall be appointed by the City Council solely on the basis of his/her executive and administrative qualifications. Th e powers and duties of the City Manager are set forth in LMC Sect ion 2.12.060, “Powers and duties generally.”

Pursuant to LMC Chapter 2.13, “City Clerk,” the City Clerk shall be appointed by the City Council, which shall prescribe the qualifications, additional duties, and compensation of the City Clerk. The powers and duties of the City Clerk are furthe r set forth in LMC Chapter 2.13, as well as those specified in Californi a Government Code §40801 et seq. and other state and local statutes.

Pursuant to LMC Chapter 2.14, “City Attorney,” the City Attorney shall be appointed by the City Council and shall serve as legal counsel to the City government and all officers, departments, boards, commissions, and agencies thereof. The powers an d duties of the City Attorney are further set forth in LMC Chapter 2.14, as well as those prescribed by state law and by ordinance or resolution of the City Council.

4.5 Evaluation of City Coun cil Appointees (Res. 2002-224)

Pursuant to Resolution No. 2002-224, adopted by the Lodi City Council on November 6, 2002, the City Council shall conduct Council Appointees’ evaluations ann u a l l y o v e r t h e c o u r s e o f t w o Ci t y Co u n c i l closed session meetings.

The purpose of Council Appointee evaluations is to: 1) motivate Appointees to work at their highest capacity by jointly establishing job standards and objectives, review progress toward achieving those results, and subsequently plan th e Appointee’s future development; 2) determine an Appointee’s performance level to assist in making appraisals for merit pay increase s and disciplinary actions; and 3) serve as a means of communicati on between City Council and the Appointee.

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5. COMMISSIONS

5.1 Commissions

City commissions (whi ch hereinafter include standing Council- appointed boards, commissions, an d committees) serve as advisory bodies to facilitate public input and citizen participation in the determination of public policies. This is accomplished by formulating recommended courses of action and policy to the City Council with whom final determination rests. The Planning Commission (LMC Chapter 2.16, “Planning Commission”) has authority to make final determination in applicable circumstances (see LMC Title 17, “Development Code”).

5.2 Board, Committee, and Commission Appointment and Removal

Appointment

Resolution No. 2003-156, adopted by the Lodi City Council on August 20, 2003, establishes the policy rega rding appointment of persons to membership on a City board, comm ittee, and commission (hereinafter “Commission”). Commission applicants, with the exception of the Greater Lodi Area Youth Commission, must be registered voters of San Joaquin County; Lodi Arts Commission applicants must be registered voters of the City of Lodi (Res. 2017-208); Parks and Recreation Commission applicants must be residents of the City of Lodi (Res. 2019-222); and Site Plan an d Architectural Review Committee applicants must be registered voters of the City of Lodi. Pursuant to LMC Section 2.16.010, “Established—Appointment,” Planning Commission applicants must be registered voters of the City of Lodi.

Those applicants not meeting these requirements will be notified by the City Clerk’s Office that th eir application does not meet specifications and cannot be considered for appointment. Applications are to be accepted by the City Clerk for 30 days and shall remain valid and on file for one year. Exception: Full-time and part-time City employees are prohibited from serving on a commission.

Those seeking appointment to a commission must submit an application to the City Clerk’s Office. Those co mmissioners whose terms have expired must submit a new application (terms are not automatically renewed), and the City Clerk will notify said commissioners with a letter and new application form. Following the close of the 30-day application period, copies of all applications will be provided to Council Members for informational purposes, as well as to the appropriate staff liaisons, who will be asked to provide feedback on each candidate, including those seeking reappointment.

The Mayor shall conduct interviews and submit recommendation(s) for appointment to the City Clerk’s O ffice for placement on the City Council agenda for motion action. Exception: The Greater Lodi Area Youth Commission may conduct independent interviews of all applicants, providing the Mayor with a ranking of the top ten, which he/she shall use in selecting qualified candidates.

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Following Council appointment, the successful candidate(s) will be notified by the City Clerk’s Office via letter of the appointment, Conflict of Interest ~ Form 700 filing obligation (if required), mandatory AB1234 ethics training and complianc e, AB 1661 sexual harassment training and education (if required), Oath of Office form, and Commissioner’s Handbook. Copies of the letter and completed application form(s) will be forwarded to the appropriate staff liaison, who will contact the successful candidate(s) regarding meeting dates and times and responsibilities. The City Clerk’s Of fice will notify the unsuccessful candidates of the outcome and confirm the status of their application (i.e. currently valid; has or about to expire; etc.).

The appointed commissioners assume office at the time the Oath of Office form is completed and subm itted to the City Clerk’s Office.

Newly-appointed commissioners are no t permitted to participate in commission meetings or activities until the Oath is filed. Failure to comply with this requirement within 30 days of appointment or reappointment will cause the seat to be unfilled, and the City Clerk shall post for the vacancy at the next regularly-scheduled Council meeting pursuant to these guidelines.

Appointed commissioners serve with out compensation except as Council may prescribe from time to time by resolution or ordinance. (EXCEPTION: Planning Commissioners receive compensation pursuant to LMC Section 2.16.020 – Compensation.)

Appointees to all City boards and commissions are required to receive mandatory AB1234 ethics training within 30 days of appointment (and by December 31 of even-numbered years thereafter) and submit a completed Proof of Participation Certificate to the City Clerk (EXCEPTION: Greater Lodi Area Youth Commissioners ~ Student Appointees). The City Clerk shall notify appointed commissioners via letter of available training opportunities. Appointees cannot receive compensation, stipend, or training reimbursement until AB1234 ethics training is completed. Failure to comply with the mandatory ethics training will result in the appointee’s removal from the commission.

Some appointees will be required to complete a Conflict of Interest ~ Form 700 ~ Assuming Office Statement within 30 days of taking office.

The City Clerk shall notify appoint ees of this filing requirement and provide the necessary forms. Those who do not comply with the Form 700 obligation will be subject to applic able rules, penalties, and fines as set forth by the Fair Political Practices Commission. Filers have the option to file electronically through the City’s electronic filing system, NetFile; however, to ensure report ing continuity, once a statement, report, or other document is filed el ectronically on behalf of any filer, all future reports and other documents filed on behalf of that filer must be filed electronically.

Commissioners appointed to a vacate d seat or unexpired term shall serve out the remainder of the term, unless said term is due to expire within six months of the appointment date. In that case, the term shall automatically be extended by the commission’s stated term limit.

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Removal

An individual appointed by the Ci ty Council to a commission shall continue to serve as a member thereof except when:

1. The individual’s term of office expires and a different individual has been appointed. If the incumbent individual applied for reappointment, he/she may continue to serve in the office until appointment of a different individual is made, even after the term expires. If not, the incumbent may only serv e until the expiration date of the term of office.

2. The individual voluntarily resigns from the commission.

3. The individual no longer resides and/or is a registered voter within the required jurisdiction.

4. The individual fails to attend th ree (3) consecutive meetings of the commission and does not have prior approval for said absences by way of a majority action of the commi ssion. In such case, the commission shall vote to recommend that Council remove the member and post for the vacancy, which the City Clerk will submit to Council at its next regularly-scheduled meeting.

5. The individual fails to comply with the mandatory AB1234 ethics training by December 31 of even-n umbered years. In such case, a non-compliance letter will be mailed the first week of January by the City Clerk to the individual provid ing 30 days to conform and submit the certification. At the conclusion of the 30-day period, the City Clerk will notify the individual that if the required training and certification is not completed within 10 days, the seat will be vacated and the City Clerk will place an item on the next regularly-scheduled City Council agenda to declare the position vacant and post for the open seat.

A majority vote of the City Co uncil may remove any member of a commission for any reason including, but not limited to, incompetence, inability to work productively with fellow commissioners, conduct unbecoming a public official, violating the City's Conflict of Interest Code, failing to comply with statutory requirements, or failing to attend fifty percent (50%) of commission meetings in a calendar year.

Conduct unbecoming a public official includes the conduct that any reasonable commissioner would know is incompatible 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.

Any member of the City Council may initiate an individual’s removal from a commission by requesting that consideration of the individual’s removal be placed on the Council' s agenda at a regular or special meeting for discussion and potential action. The City Clerk shall notify the person affected of the time an d place of the m eeting. When the item is on the City Council agenda, the City Council may, by majority vote, remove the individual from a commission.

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At the beginning of each year, the City Clerk will place an item on the Council’s agenda to report on attendance, AB1234 ethics training and compliance, AB1661 sexual harassmen t training and education (if required), and Statement of Economic Interest ~ Form 700 compliance for each commissioner.

5.3 Commission Re sponsibility

Commissioners should respect their fellow commissioners, the public, and staff and shall take seriously their responsibility for reporting to the City Council. Positions taken by appointed representatives should be in alignment with the positions that the Council has taken on issues that directly impact the City of Lodi. Commissioners shall make a good faith effort to attend all scheduled meetings and will notify the City liaison if they will be absent. Each Council-appointed commission shall be designated a staff liaison wh o shall make certain that the commission is properly instructed on its responsibilities and performance expectations. This ma y include the issuance of the commission’s bylaws or guidelines and Commissioner’s Handbook, as well as copies of The Brown Act an d Resolution No. 2006-31, “Rules of Conduct of Meetings, Proceedings, and Business.” The City Attorney may from time to time conduct Brown Act workshops for new commissioners. Commissioners shall also comply with the City of Lodi Code of Ethics and Values (Res.2004-115).

Commissioners may address the Counc il on items discussed by their respective bodies but should be limited to the chair or a representative that has been appointed by the commission. This will not take precedence over any individual’s first amendment right to address the Council as an individual.

All commissioners must f ile the Oath of Office form with the City Clerk’s Office within 30 days of appointment or reappointment and prior to participating in any commission meetings or activities.

All commissioners must comply with AB1234 ethics training specified by Government Code section 53235 with in 30 days of assuming office and thereafter by December 31 of even-numbered years.

Commissioners must comply with Fa ir Political Prac tices Commission regulations pertaining to Conflict of Interest ~ Form 700s and are required to file an Assuming and Leaving Office Statement within 30 days of assuming or leaving office and annually thereafter by April 1. Filers have the option to file electronically through the City’s electronic filing system, NetFile; however, to ensure reporting continuity, once a statement, report, or other document is filed electronically on behalf of any f iler, all future reports and other documents filed on behalf of that filer must be filed electronically.

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5.4 Council Contact with Commissions

Members of the City Council should not attempt to influence or publicly criticize commission recommendations, or to influence or lobby individual commission members on any item under their consideration.

It is important for commissions to be able to make objective recommendations to the City Council on items before them. An exception to the Brown Act allows a legislative body majority to attend an open and noticed meeting of a standing committee of the legislative body provided that the legislative body members who are not members of the standing committ ee attend only as observers, meaning that they cannot speak or otherwise participate in the meeting.

5.5 Ad Hoc Committees and Task Forces

The City Council, through the City Ma nager, shall make certain that all Council-appointed ad hoc committees and task forces are properly instructed in their as signed scope of work and responsibility. The expected output of their effort shall be clearly defined. Ad hoc committees and task forces are re sponsible for keeping the Council informed about issues being considered and their progress. This is to be accomplished by meeting minutes distributed to the Council via the City Clerk’s Office. Council Members may also view minutes for all ad hoc committees and task forces at an y time via the Agenda Center on the City’s website. Ad hoc committees and task forces are responsible for advising the Council of any need for information or more specific instructions. Ad hoc committees and task forces shall obtain Council concurrence before they proceed in any direction different from the original instructions of the Council.

5.6 Annual Recognition

Each year, the City Council will recognize the efforts of outgoing members of Council-appointed boards, commissions, committees, and task force groups with Certificates of Recognition at the City Council meeting and reorganization in December.

5.7 Council Service on Commissions

Council Members are requested to serve on various commissions for outside agencies. Following a City election, at which new Council Members are elected, the Council shall review the list of current assignments and make recommendations for appointments of new Council Members. Any Council Member desiring to serve on a certain commission should inform the Mayor. A Council Member resigning from his/her position on a certain commission should inform the Mayor (via the City Clerk’s Office). Thereafter on an annual basis, the City Clerk will place an item on the Council’s agenda to confirm the appointment of City Council Members on various boards, committees, and commissions and notify Council of any changes. Appointments are subject to approval by a majority of Council.

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Council representatives to such commissions shall keep the Council informed of ongoing business th rough periodic updates under the “Comments by Council” segment of the regular City Council meeting agenda or other means as approp riate. In addition, any Council Member who receives a stipend for service on an outside commission will notify the City Clerk of the de tails, and any changes thereafter, in order to comply with Fair Political Practices Commission reporting requirements.

5.8 Regional Boards

The role of the Council on regional boards will vary depending on the nature of the appointment. Representing interests of Lodi is appropriate on some boards; this is generally the case when other local governments have its own re presentation. Examples might be serving on the Northern California Power Agency and Northern San Joaquin County Groundwater Banking Authority. Other appointments, such as San Joaquin Council of Governments, are broader in nature; these boards depend on its members taking a more regional approach.

The positions taken by the appointed representative are to be in alignment with the positions that the Council has taken on issues that directly impact the City of Lodi. If an issue should arise that is specific to Lodi and the Council has not taken a position, the issue should be discussed by the Council prior to taking a formal position at a regional board to assure that it is in alignment with the Council’s position.

6. MEETING GUIDELINES & PROCEDURES

6.1 Attendance / Quorum

Council Members acknowledge that attendance at lawful meetings of the City Council is part of their official duty. Council Members shall make a good faith effort to attend all such meetings unless unable.

Council Members will notify the City Clerk if they will be absent from a meeting. The City Clerk will then notify the City Manager, City Attorney, and all other Council Members.

Three members of the City Council shall constitute a quorum and shall be sufficient to transact business. If less than three appear at a regular meeting, the Mayor, Mayor Pro Temp ore in the absence of the Mayor, any Council Member in the absence of the Mayor and Mayor Pro Tempore, or in the absence of all Council Member s, the City Clerk, or his/her designee, shall adjourn the meeting to a stated day and hour or cancel the meeting due to the lack of a quorum.

Rule of Necessity: If enough Council Members are disqualified (e.g. conflict of interest) such that a quorum cannot be met, the disqualified Members shall draw lots to rehabilitate a sufficient number of Council members to permit Council action. Direction from the City Attorney should be sought to determine that real conflict exists to necessitate the need to use the Rule of Necessity.

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6.2 Meeting Dates and Location

Whenever possible, ta king into consideration the number of participants and room availability, all Council meetings noticed for action shall be scheduled in the Council Chambers at the Carnegie Forum to allow for a live cable-cast of the meeting.

6.2a Regular Meetings & Informal Informational (Shirtsleeve) Sessions

Pursuant to LMC Chapter 2.04, “City Council Meetings,” regular meeting dates are the first and third Wednesday of each month commencing at 7:00 p.m. Informal Informational (Shirtsleeve) Sessions are held every Tuesday morning at 7:00 a.m.

6.2b Special/Joint/Adjourned/Emergency Meetings

The Brown Act sets forth specif ic requirements for holding adjourned, special, and emerge ncy meetings. The City Council may from time to time hold special joint meetings with boards and commissions or outside agencies or groups.

6.3 Agenda / Council Meeting

6.3a Agenda Packet Preparation

The City Manager reviews and approves all items for the Council agenda. Agenda packet s are compiled, photocopied, converted electronically, posted to the Web, and distributed through the City Clerk’s Office, pursuant to the “City Council Agendas, Council Communications, and Packet Policy/
Procedure.” Agendas shall be delivered to Council Members on the Thursday prior to the Council meeting and a link to the electronic agenda packet on the Webpage will be e-mailed to Council.

6.3b Placing Item s on the Agenda

Pursuant to LMC Section 2.04.180 “Preparation of agendas,” matters may be placed on the agenda for consideration by request of 1) any member of th e City Council, 2) the City Manager, 3) the City Clerk, and 4) the City Attorney. Any reasonable request by any person named in this section shall be honored, subject to the City Manager's discretion as to the preparation of accompanying staff reports.

Requests from the public to place an item on the agenda are to be directed to the City Clerk’s Office and shall be handled in the following manner:

 Proclamation/Certificate – All requests for proclamations and certificates are subject to approval of the Mayor and are typically honored only if a local representative from the requesting agency can appear to accept the certificate.

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 Presentations – Most requests for presentation by civic groups and local organizations and requests for recognition of Eagle Scouts or for excelle nce in academics, athletics, etc. shall be honored and pl aced appropriately under the “Presentations” segment of the agenda.
 Item for Discussion/Action – Requests by members of the public to place an item for discussion or action on the agenda shall be directed to the appropriate City department for proper handling. In the event it cannot be handled in this manner, the individual requesting the action should submit in writing his/her specific request either directly to the City Council or to the City Clerk who will then forward to the City Council, City Manager, City Attorney, and
appropriate Department. Members from the public are also encouraged to attend a City Council meeting to make their request for an agenda item un der the “Comments by Public on Non-Agenda Items” segment of the agenda.

6.3c Order of Agenda Items

Resolution No. 2018-16, adopted by the Lodi City Council on February 7, 2018, establishes th e order of business for City Council meetings. Topics anticipated to be of greatest interest to the public will be placed at the beginning of the Regular Calendar.

6.3d Agenda Posting

The agenda for any Regular, Special, or Shirtsleeve Session meeting shall be made available to the general public.

For every Regular, Special, or Shirtsleeve Session meeting, the City Clerk, or other authorized person, shall post the agenda, specifying the time and place at which the meeting will be held and a brief description of all item s of business to be discussed at the meeting. The agenda shall be posted according to law at the following locations:
 Lodi City Hall – 221 W. Pine Street
 City Clerk’s Office – 221 W. Pine Street, 2
nd Floor
 Lodi Carnegie Forum* – 305 W. Pine Street
 On the Internet (Agenda Center) – www.lodi.gov
 Office of California Human Development / Worknet –
631 E. Oak Street

*NOTE: This is the official City of Lodi posting location freely accessible to the public 24 hours a day.

6.3e Americans with Disabilitie s Act Statement and Language Interpreter

Agendas for all City Council meetings will contain a statement regarding the Americans with Di sabilities Act and language interpreter requests in substantially the following language, making the City Clerk the contact for inquiries.

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“All staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the Office of the City Clerk, located at 221 W. Pine Street, Lodi, and are available for public inspection. If requested, the agenda shall be made available in appropriate alternative formats to p ersons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C.

Sec. 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation contact the City Clerk’s Office as soon as possible and at least 72 hours prior to the meeting date. Language interpreter requests must be received at least 72 hours in advance of the meeting to help ensure availability. Contact [name of City Clerk] at (209) 333-6702. Solicitudes de interpretación de idiomas debe n ser recibidas por lo menos co n 72 horas de anticipación a la reunión para ayudar a asegurar la disponibilidad. Llame a (nombre de el Secretario de la Ciudad] (209) 333-6702.”

6.3f
Limitation to Act Only on Items on the Agenda
No action shall be taken by the City Council on any item not on the posted agenda, subject only to the exceptions listed below:
 Upon a majority determinat ion that an “emergency
situation” (as defined by state law) exists; and
 Upon determination by a 4/5 vote of the full City Council, or a unanimous vote if less than a full Council, that there is a need to take immediate action and that the need to take the action came to the attention of the City Council subsequent to posting of the agenda.

6.3g Supplemental Informat ion (“Blue Sheet” Items)
At times, it may be necessary to amend or provide new
information to Council following the publication of the City Council packet. Supplemental material that revises a previously submitted item shall show new information in bold and deleted information in strikethrough. Supplemental material that adds further information to a previously submitted item (e.g. a new Council Communication or attachment) shall contain the
statement “SUPPLEMENTAL INFORM ATION” on the top, right- hand side of the new material. All supplemental material shall be copied on blue paper and distributed to Council Members and key staff members, in addition to the public information table, prior to the start of the meeting.

6.3h Closed Session
Closed sessions are regulated pu rsuant to the Brown Act. All written materials and verbal information regarding closed session items shall remain confidential. No member of the Council, employee of the City, or anyone else present shall disclose to any person the co ntent or substance of any

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discussion that takes place in a closed session, unless authorized by a majority of Coun cil. The same high standard of respect and decorum as apply to public meetings shall apply to closed sessions. There shall be courtesy, respect, and tolerance for all viewpoints and for the right of Council Members to disagree.

In accordance with Resolution No. 80-101, adopted by the Lodi City Council on August 6, 1980, the City Clerk is authorized to attend all closed session meetings to record motions and actions taken by the City Council. The City Attorney, following the adjournment of a closed session, shall disclose all reportable action taken in the closed session, which shall be recorded into the record by the City Clerk.

6.3i Invocations/Calls to Civic Responsibility (Res. 2009-146)

In accordance with Resolu tion No. 2009-146 (Exhibit D), adopted by the Lodi City Council on October 21, 2009,
invocations/calls to civic responsibility shall follow the policy regarding legislative invocations/calls to civic responsibility before meetings of the Lodi City Council.

6.3j Presentations

Special presentations shall be scheduled as necessary in recognition of persons or groups, or for the promotion of an event or service. Requests for special presentations must be submitted to the City Clerk in advance of the agenda deadline.

6.3k Consent Calendar

Those items on the Council agenda that are considered to be of a routine and non-controversial nature by the City Manager shall be listed on the “Consent Calendar.” These items so listed shall be approved, adopted, accepted, etc. by one motion of the Council.

Council Members may comment on Consent Calendar items or ask for minor clarifications without the need for pulling the item for separate consideration. Items requiring deliberation should be pulled for separate consideration.

6.3l Public Comments

Pursuant to the Brown Act, public comment is allowed on specific items of business on the Council agenda before or during the Council’s considerat ion of the matter. Members of the public wishing to address Co uncil on a closed session topic will be allowed an opportunity to do so prior to Council adjourning to closed session. Speakers are limited to five minutes. On scheduled items where the Council determines that

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the existence of unusual or controversial issues exists, that the large number of speakers wishing to address the Council so justifies, or that other cons iderations make modification appropriate, the Mayor may limit the amount of time to be afforded each speaker and/or prohibit ceding or yielding speaking time to others. Public comments will al so be allowed on any item not on the agenda but within the jurisdiction of the City Council. Public comments on non-agenda items are limited to five minutes ea ch. Individuals desi ring to speak are encouraged, but not required, to submit a request to speak card to the City Clerk listing their name and address. Use of City computer and/or video equipment to broadcast materials containing visual images during City Council meetings is limited to scheduled/agendized items, and such computer and/or video equipment is not for use during public comment at such
meetings. During, before, or af ter public comment at a City Council meeting, members of the public may distribute hard copies of any document and othe r records to the City Council through the City Clerk, and th ose documents and records will be made a part of the record and made available to any
member of the public upon request.

All comments and testimony shall be made from the podium through the Mayor; no comment or testimony shall be shouted from the audience. Comment and testimony are to be directed to the City Council. Dialogue between and inquiries from citizens at the podium and me mbers of staff or the seated audience is not permitted. Inquiries which require staff response shall be referred to staff for response at a later time.

The City Council cannot prohibit public criticism of policies, procedures, programs, or services of the agency or the acts or omissions of the City Council itself; however, the Brown Act provides no immunity for defa matory statements. Any person who addresses the City Council in a manner which disrupts, disturbs, or impedes the orderly conduct of the meeting may be asked to terminate his/her comment period. Continued
inappropriate behavior or comments, after having been directed to discontinue, may be grounds for removal from the meeting.

6.3m Council Comments on Non-Agenda Items

Council Members may make comments on non-agenda items.

Comments are generally for informational purposes or to request a future report on a matter; it is not intended for detailed discussion of an item or for action (Gov. Code section 54954.2(a)(2)).

6.3n Public Hearings

Public hearings may be required on certain items as prescribed by the Lodi Municipal Code or by state or federal law. In addition to the public hearing procedures set forth in Resolution

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2006-31, adopted by the Lodi City Council on February 15, 2006, the general procedure for public hearings is as follows:

1. Staff presents its report. Council Members may ask
questions of staff.

2. The Mayor opens th e public hearing.

3. The applicant or appellant has the opportunity to
present his/her comments, testimony, or arguments.

Adequate time must be allotted for the applicant or
appellant to present his/her case subject to the time
limits established by the Mayor.

4. Members of the public may present their comments
subject to time limits established by the Mayor.

5. The Mayor closes the pub lic hearing after everyone
wishing to speak has had the opportunity to do so.

6. Council deliberates and takes action.

When the City Council acts in an adjudicatory or quasi-judicial capacity, each member must (1 ) disclose on the record the nature and substance of any ex parte communications relating to the matter; and (2) provide interested parties full and fair opportunity to rebut or explain the information obtained from those communications. The City Clerk, with consultation from the City Attorney, will design ate all quasi-judicial public hearings on the City Council’s agenda.

6.3o Regular Calendar

Those items on the Council agen da that are considered to require Council discussion or public input shall be listed on the “Regular Calendar.” These items so listed shall be approved, adopted, accepted, etc. separately by the Council.

6.3p Ordinances

Ordinances involve a command or prohibition and have the force of law in the city for which an ordinance is adopted. An ordinance generally prescribes some permanent rule of conduct or government that remains in force until the ordinance is repealed. With the exception of urgency ordinances, no
ordinance may be passed within fi ve days of its introduction.

Two readings are therefore requ ired—one to introduce (under Public Hearings or on the Regular Calendar) and a second to adopt the ordinance (under Ordinances). Ordinances may only be passed at a Regular meeting or at an Adjourned
(i.e. continued) Regular m eeting; except for urgency
ordinances, ordinances may not be passed at a Special
meeting. Unless otherwise stated, an ordinance shall take effect 30 days following the date of adoption.

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6.3q Resolutions

A resolution expresses City Co uncil policy or directs certain types of administrative acti on and may be changed by a subsequent resolution. Resolutions are effective on the date of adoption.

In general and without explicitly calling it out in all resolutions, the City Attorney has authority to correct administrative, typographical, or clerical errors for all resolutions that do not alter Council direction/intent in any way.

Resolutions approving contract s, Professional Services Agreements, Memorandums of Understanding, grant
agreements and the like, shall include language authorizing the City Attorney to make minor revisions to the agreement that do not alter the compensation or term and to make clerical corrections as necessary.

6.3r Minute Motion

A minute motion is the most info rmal official action taken by the City Council. It ordinarily is used to indicate majority approval of a procedural action, such as accepting grant deeds, approving plans and specifications and agreements, or
otherwise authorizing disposition of an agenda item.

6.3s Agency Meetings (LPIC, IDA, LFC, LPFA)

The City Council, which also sits as members of the Lodi Public Improvement Committee (LPIC) , Industrial Development
Authority (IDA), Lodi Financing Committee (LFC), and the Lodi Public Financing Authority (LPFA) shall meet annually at the regularly-scheduled meeting following the Council
reorganization to elect new offi cers. Typically, the Mayor shall serve as Chairperson or President and the Mayor Pro Tempore shall serve as the Vice Chairperson or Vice President.

6.3t Council Communications / Staff Reports

Each City Council agenda item shall have a coordinating staff report (Council Communication) prepared by the originating department. Council Communications are written specifically for the purpose of communicating in formation necessary for policy and decision-making and shall in clude an abbreviated history, the overall intent an d need for the reques ted action, and its impact or affect on the community, services, and programs of the City.

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6.3u Submitted Material s at or Before Meetings are Public Records

Any written correspondence or other materials, when
distributed to all, or a majority of all, of the members of the City Council by any person in connection with a matter subject to discussion or consideration at a public meeting, are disclosable public records under the California Public Records Act and shall be made availabl e upon request without delay.

Writings that are public records and that are distributed during a public meeting shall be made available for public inspection at the meeting if prepared by City staff or a member of the City Council, or after the meeting if prepared by some other person.

All writings referenced herein shall be provided to and documented with a received/filed date by the City Clerk.

Communications sent to the City Council related to an item on an agenda received in the City Clerk’s Office by 4:00 p.m. on the date of the meeting will be provided to Council Members as a “Blue Sheet” item. Such communi cations will be handled in accordance with California Government Code section 54957.5.

6.3v Electronic Mail Communications, Prohibited during Meetings

Use of the Internet, e-mail, texting, and social media is prohibited by Council Members during City Council meetings, with the exception of accessing the agenda packet via City- provided iPads. The purpose of this is: 1) to ensure that no violations of the Brown Act occur and 2) to allow for proper management of communications during meetings so that City business can be conducted in an efficient and orderly manner.

6.3w Minutes

The City Clerk, or his/her desi gnee, shall attend and prepare action minutes (pursuant to Res. 2017-230) of all public meetings of the City Counc il. Minutes ready for Council approval shall be placed on the regular City Council meeting agenda and included in the Co uncil packet. Pursuant to LMC Section 2.04.110, “Reading an d approval of minutes,” any Council Member can request a co rrection or amendment to the minutes, subject to verification by the City Clerk. It is suggested that Council Members co ntact the City Clerk no later than Tuesday before the regular meeting, which will allow the Clerk time to review the recording to ensure that the requested amendment was verbalized at the meeting, and if so, make the change to the minutes and present the amended minutes to Council as a “Blue Sheet” item on the day of the meeting for approval.

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6.4 Rules of Conduct

6.4a Discussion Rules

The Mayor or presiding officer ha s the responsibility to control the debate and the order of spea kers pursuant to the rules for conduct of meetings, proceedings, and business as set forth in Resolution No. 2006-31 (Exhibit B).

6.4b Council Comments (Related to Items on the Agenda)

Council Members shall limit their comments to the subject matter, item, or motion being currently considered by the Council.

6.4c Speaker Time Limits

Members of the public speaking on non-agenda items shall be limited to five minutes. On sch eduled items where the Council determines that the existence of unusual or controversial issues exists, that the large number of speakers wishing to address the Council so justifies, or th at other considerations make modification appropriate, the Mayor may limit the amount of t i m e t o b e a f f o r d e d e a c h s p e a k e r a n d / o r p r o h i b i t c e d i n g o r yielding speaking time to others.

6.4d Council Questions of Speakers

Council Members who wish to ask questions of speakers may do so, but only after being recogniz ed by the Mayor. Members of Council shall not engage in debate with a member of the public at Council meetings.

6.5 Decorum

6.5a Council Members / Council Appointees

Resolution No. 2004-115 (Exhibit C), adopted by the Lodi City Council on June 2, 2004, esta blishes the code of ethics and values to be followed by City Council Members and City Council Appointees (i.e. City Manager, City Attorney, and City Clerk).

Members of the City Council and Council Appointees value and recognize the importance of the trust invested in them by the public to accomplish the busine ss of the City. Council Members and Appointees shall accord the ut most courtesy to each other, to City employees, and to the public appearing before the City Council. At all times, Council Members in the minority on an issue shall respect the decision and authority of the majority.

6.5b City employees

Members of the City staff are expected to observe the same rules of order and decorum applicable to the City Council. City staff shall act at all times in a business professional manner toward Council Members and members of the public.

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6.5c Public

Members of the public attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council.

6.5d Noise in the Chambers

Noise emanating from the audience within the Council
Chambers or lobby area, which disrupts City Council meetings, shall not be permitted.

6.6 Use of Council Chambers

As set forth in the City of Lodi Administrative Policy and Procedure Manual, the following are authoriz ed uses of the spaces in the Carnegie Forum.

1. All meetings of the City Council.

2. All meetings of City boards and commissions when such boards and commissions are staffed by a City liaison person.

3. Meetings called by a Council Member(s) to discuss City business with constituents and others.

4. Department Head and other City staff meetings.

5. City employee tr aining sessions.

6. General meetings of City employees for the purpose of disseminating job-related information.

7. Professional meetings host ed/conducted by City staff.

8. City-sponsored community awareness programs.

9. One non-partisan Town Hall m eeting per year of elected San Joaquin County Supervisors and State and federal Legislators at which the City Manager is present.

Exceptions to this policy may be made only on the authority of the City Council. The Council Chamber cannot be used as a location for taking campaign photos. All requests for us e of Carnegie Fo rum spaces shall be made through the City Manager’s Office.

7. COMMUNICATIONS

7.1 Processing and Delivering of City Council Mail by City Clerk’s Office

Upon authorization of the City Council Member, the City Clerk shall open all mail addressed to the Mayor and City Council Members, with the exception of those marked “Personal” or “Confidential.”

Communication Addressed to the “City Council”
All correspondence addressed to the “City Council” is treated as public information. A copy is given to each member of the City Council, City Manager, City Attorney, and all other affected departments for information, referral, or handling. The original document is retained in the City Clerk’s Office file.

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Communication Addressed to the “Mayor”
Commonly, the sender’s intent when addressing communication to the “Mayor” is merely to forward it to the head of the city governing body, and consequently, this type of correspondence is often handled in the same manner as communication addr essed to the “City Council.” Handling of the Mayor’s mail is, however, at the discretion of the individual serving in this capacity, which is ascertained each year following the reorganization of the City Council.

Communication Addressed to Individual Council Members
Communication addressed specifical ly to individual City Council Members is treated as personal mail and is only opened by the City Clerk’s Office if express authorization to do so was given by the Council Member. No copies are made or distributed. Should a response be needed, it is up to the indivi d u a l C o u n c i l M e m b e r t o w h o m t h e correspondence was addressed, as is forwarding the information to affected departments if appropriate.

With limited exception, all communications directed to the Mayor or City Council Members, including e-mail or other types of electronic correspondence, are public records subject to disclosure under the California Public Records Act.

7.2 Council Calendar

A weekly calendar is prepared by the City Clerk and distributed to each Council Member, Administrative staff, and the press for informational purposes. It shall be the responsibi lity of Council Members to notify the City Clerk of their attendance at any event, for which the City Clerk will handle the arrangements.

7.3 Citizen Complaint Process

All complaints directed to the City Council through the City Clerk’s Office will be copied to the City Manager’s Office and other affected departments. A reply, confirming receipt and notifying the sender who the communication was forwarded to, will be sent by the City Clerk’s Office.

7.4 Use of City Letterhead or City Seal

All Council Member correspondence written on City resources, i.e. letterhead, staff support, postage, etc., will reflect a majority position of the Council, not individual Counci l Members’ positions. All Council Member correspondence using City resources shall be copied to the full Council. The City Clerk is the custodian of the Official City Seal pursuant to Lodi Municipal Code 2.13.010. The City Seal shall not be altered and is to be used only on official City documents.

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7.5 Communications with Staff

Pursuant to LMC Section 2.12.070, “Council to Deal Exclusively through City Manager,” the City Co uncil and its members, except for the purpose of inquiry, shall deal with administrative services solely through the City Manager, and neither the City Council nor any member thereof shall give orders to any of the subordinates of the City Manager. A Council Member shall not direct staff to initiate any action, change a course of action, or prepar e any report that is significant in nature, nor shall a Council Member initiate any project or study without the approval of a majority of Council. Exception: Pursuant to LMC Title 2.13 and 2.14, the City Attorney and City Clerk are appointed by the City Council an d shall report his/her advice, recommendations, and requests directly to the City Council.

I n r e g a r d t o a n a g e n d a i t e m question, Council Members are encouraged to contact staff members to ask questions for clarification prior to the meeting, at which the subject will be discussed.

7.6 Complaints Regarding Performance of Staff

Any concerns by a member of Council over the behavior or work of a City employee should be directed to the City Manager privately to ensure the concern is resolved. Council Members shall not reprimand employees directly, nor shall they communicate their concerns to anyone other than the City Manager.

7.7 Handling of Litigation / Confidential Information

Council Members shall keep all written materials and verbal information provided to them on ma tters that are confidential under state law in complete confidence to ensure that the City’s position is not compromised. No disclosure or mention of information in these materials shall be made to anyone other than Council Members, the City Attorney, or City Manager.

7.8 Representing Majority vs. Individual Opinion

A person elected to the City Council plays two roles: a member of a body elected to represent the City in its entirety and a private resident of the City. The second role is not relinquished when the first role is assumed. It is important to distinguish between the two roles at all times and to conduct business in one role separately from the other.

The elected Council Member retains the right to speak as an individual, not as a member of the City Council, but must make it very clear that he/she speaks on his/her own behalf and not as a member of the City Council. This is because when the Co uncil acts, it acts as a whole, not as a group of individuals.

If a member of the City Council a ppears before another governmental agency or organization to give a statement on an issue affecting the City, the Council Member should first indicate the majority position and opinion of the Council. Personal opinions and comments may be expressed only if the Council Member clarifies that these statements do not represent the position of the City Council.

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7.9. Legislative Communi cations at the Reques t of City-Affiliated Organizations

From time to time, the City is asked by the League of California Cities and other City-affiliated organizations to support and/or oppose a position on a particular piece of legislation and/or proposal. When such a request is received, the matter shall be agendized and acted upon at the next regularly scheduled City Council meeting. When a request is received necessitating a more time ly response in that action is required prior to the next regularly scheduled City Council meeting, the Mayor, or his/her de signee, on behalf of the City, may sign and submit the requested communication so long as the position is consistent with the position taken by the League and/or other City- affiliated organizations and previous positions, if any, taken by the City. A copy of the communication shall be presented as an informational item on the Consent Calendar at the next regularly scheduled City Council meeting.

8. CONFLICT OF INTEREST / ECONOMIC DISCLOSURE REQUIREMENTS

FOR PUBLIC OFFICIALS

8.1 Conflict of Interest

The Political Reform Act (Government Code, Title 9, sections 81000- 91015) controls conflict of interest through disclosure and prohibition of participation in decisions, which are actual conflicts of interest.

Specifically, it requires City Council Members and other public officials to annually disclose all financial interests that may be affected by decisions made in their official capacity; this includes interests such as investments, real property, and income. Council Members must also disqualify themselves from making or participating in making or influencing any governmental decisi on that will have a foreseeable material financial affect on any economic interest of the Council Member or certain family members.

The Political Reform Act requires state and local government agencies to adopt and promulgate conflict of interest codes, which shall be reviewed bi-annually on even-numbered years. On November 7, 2018, the Lodi City Council adopted Re solution No. 2018-211 amending the City of Lodi’s Conflict of Interest Code.

8.2 Statements of Economic Interest

A financial disclosure form (Statement of Economic Interest ~ Form 700) must be filed with the City Cl erk no later than April 1 of each year for financial interests pertaining to the preceding calendar year.

Council Members must file a statement within 30 days of officially assuming office or leaving offi ce. Certain commission members and City employees are also subject to this disclosure requirement. Filers have the option to file electronically through the City’s electronic filing system, NetFile; however, to ensu re reporting continuity, once a statement, report, or other document is filed electronically on behalf of any filer, all future reports and othe r documents filed on behalf of that filer must also be filed electronically.

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8.3 Make and Participate in Making a Decision

An official makes a de cision when the offici al votes on a matter, appoints a person, obligates or commits the City to any course of action, or enters into any contract on behalf of the City. Pursuant to LMC 2.04.140, “Voting,” all members of the Council, when present, must vote. If a member of the Council states that he/she is not voting, his/her silence shall be recorded as an affirmative vote unless, however, the Council Member abstains from voting by reason of his/her interest in the matter befo re the Council and that reason is stated at the meeting. If, however, a Council Member abstains from voting without stating his/her interest in the matter, his/her abstention shall be recorded as an affirmative vote.

An official participates in making a decision when the official negotiates on behalf of the City without significant substantive review, or advises or makes recommendations to the deci sion maker, either directly or without significant intervening substantive review.

Exceptions: Making or participating in the making of a decision does not include ministerial, secretaria l, manual or clerical actions, appearances by the official as a me mber of the general public before any body of the City in the course of its prescribed governmental function to represent himself/herself on matters related solely to his/her personal interest.

8.4 Advice from City Attorney regarding Conflict of Interest

Any official who is uncertain as to whether he/she may have a conflict of interest shall seek clarification from the City Attorney; however, the official must understand that the City Attorney may not keep the consultation confidential from the full Council, and the City Attorney’s opinion is not a defense to a Fair Political Practices Commission (FPPC) enforcement action. When in doubt, the City Attorney or the official can request a formal opinion from th e FPPC if the request is made at least four weeks in advance.

8.5 Using Official Position to Influence

Council Members shall not attempt to coerce or influence any member, officer, official, consultant, or co mmission member of the City in the awarding of contracts, the selection of consultants, the processing of development applications, or the granting of City licenses or permits.

The Council shall not attempt to change or interfere with the operating policies and practices of any City department.

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APPENDIX
Reference Table of Amendments

DATE DESCRIPTION ACTION
3/15/06 City Council adopted City Council Protocol Manual Res. 2006-45 1/2/07 Amended Manual to update resolution number
relating to the AB1234 Expense Reimbursement
Policy (Section 4.2a)
Administratively
10/8/09 Amended Manual to add “ Appendix: Reference Table of Amendments ” for tracking purpose and added
Exhibits A, B, and C to the Table of Contents page
Administratively
10/21/09 Amended Manual to update policy regarding
invocations, referencing the Council-adopted
resolution (Section 6.3i), and added Exhibit D to the
Table of Contents page and attached it to the
Manual
Res. 2009-146
2/2/11 Amended Manual to revise the boards, committees, and commissions appointment policy to include the
specific follow-up proce ss and indicate that the
applicants shall be interviewed by the Mayor
Council action
(motion/action)
5/18/11 Amended Manual to add Section 7.9 regarding
communications at the request of the League of
California Cities
Council action
(motion/action)
10/5/11 Amended Manual, Sections 7.4 and 7.9, to further clarify use of City letterhead and expand the
definition of legislative communications (i.e. not only League requests)
Council action
(motion/action)
10/19/11 Amended Section 5.6, Annual Recognition Reception, to reflect that the reception is held annually in
December rather than August
Administratively
11/2/11 Amended Section 5.2 (Commission Appointments) to add language regarding removal process
Council action
(motion/action)
7/23/13 Amended Section 6.3l (Public Comments) to update language re: public comments (i.e. public
encouraged, “but not required,” to give
name/address)
Administratively
9/2/15 Amended Manual to update resolution numbers, as
well as any amendments in federal, state, and local
laws
Administratively

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DATE DESCRIPTION ACTION
10/21/15 Amended Section 4.2b re: future Voting Delegate and Alternate for League and National Conferences
Res. 2015-184
8/1/18 Allow Use of Carnegie Forum for Town Hall Meetings by Members of the San Joaquin County Board of
Supervisors and State and Local Legislators
Council action
(motion/action)
4/9/19
&
8/28/19
Amended Manual to update resolution numbers, as
well as any amendments in federal, state, and local
laws (and changed Travel Policy Resolution No.)
Administratively
11/6/19 Amended Manual to update residency requirement
for applicants of the Parks and Recreation
Commission
Res. 2019-222
11/6/19 City Council adopted Amended City Council Protocol Manual
Res. 2019-223
12/18/19 Updated Manual to reflect new Code of Ethics and Values
Res. 2019-278

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ATTACHMENT C

2.04.010
Y
Regular meetings of the council shall be
held on the first and third Wednesday of
each month at seven p.m.; provided, howev-
er, that any such regular meeting at which
a closed session is to be hetd mav be com-
menced, 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 seventy-two
hours in advance of such earlier commence-
ment time. In the event of any such earlier
co~encement 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
seven p.m. In case the regular meetjag falls
upon a legal holiday, then the regular meet-
ing which otherwise would have occurred
on that day shall be held on the first busi-
ness day thereafter at the hour of seven p.m.
(Ord. 1699 3 1, 2001)
~.04.020 Info
~ee~~gs.
~fo~~ info~ational meetings of the
city council shall be held on each Tuesday
morning of each month at the hour of seven
a.m. in the council chambers of the city or
at such atio ion and at such time as the
council may deem appropriate, subject to
notice ~qu~einents as provided by law. No
formal action shalt be taken by the city
council at such meetings. The city manager,
city attorney, dep~ent heads and mem-
bers of the public, as the council may re-
quest, shall be present and present such
i~fo~~tion as may be deemed desirable.
(ad. 1594 1 (pact), 1994)
~.04.0~~ e~~ing place.
be held in the council chambers, Camegie
Forum Building, Lodi, California, or at such
other place as the council may deem appro-
priate, subject to notice r~uirements as
provided by law. If by reason of fire, flood,
earthquake or other emergency, it is unsafe
1 regular ~eeting~ of the council shall

ATTACHMENT C
1994)
council membe~ may call a special rn
by delivering written notice to each me
and to each local new~paper of general
circ~a~~on~ radio or te~evis~on sta?ion re-
questing notice in ~ting, such notice to
or by mail at least
fore the time of such
e may be di§peused
with if a represen~~ve of the n~wspaper,
meeting and if all council
when ?he meeeng is held. A council mem-
council shall cons~itute a quorum at any
Unless otherwise
The ~residin~ ofFIcer of the council shall
he the mayor who shall be elected hy the
council annually at the fust regular rn~ting
after the canvass of votes done in conjunc-
tion with the statewide general election in
eve~-n~~red years. In years where there
is no general sta~ewide election,
shall be elected at the Fust regul
in December. At the he of the e~ection of
the mayor, one of the me
cii shall be chosen as mayor pro tempore.

If the mayor is absent or unab~e to act, the
mayor pro tempore shall serve until the
mayor returns or is able to act. The
shall preserve srrict order and dec
all regular and special mwtings of the coun-
cif. He shall state every ques~ion c
nounce the decision of the council
subjects and decide all questions of order,
subject, however, to an ap~~ to the coun-
cil, in which event a majority vote
council shall govern and conclusiv~ly d
mine such question of order. He shall
ail ord~nances adop~~ by the council d~g
his presence. In the event of the absence of
the mayor, the mayor pro te
ordin~ces as then adop
(pat), 1994)
fore the council, call for the vote,
0 CaU to or^^
C n.

The mayor, or in hidher absence the
mayor pro tem~re, shall take the chair at
the hour appointed for the meeting, and
shall i~ed~ately call the council to order.
tempore, the city clerk, or the acting city
clerk shall call the council to order where-
UPOR a temporary chairperson shall
ed by the members of the council present.

Upon the arrival of the mayor or mayor pro
tempore, the tempo^ cha~erson shall
12 ATTACHMENT C
i~ed~ately re~inquish the chair upon the
conclusion of ehe business immediately
before the council. (Ord. 1594 5 1 (p
1994)

2. the council at ~eg~~~ sp
tional sessions, the city c
city clerk shall call the roll of the members,
and the names af those present s
entered in the ~nutes. (Ord. 1594 5 1
with tbe business of
(PW> 1994)
regular rneesing§ of the council, and shall
provide therein for
required by law. In a
city age^, the city cl
a~omey or their autho~zed designe
proved without reading if the city clerk has
previously ~ished each member with a
copy thereof. Any council membex can
correct an emr in
rules of conduct and debate app~Gab~e to all
city council meetings. (Ord. 1594 8 1 (
1994)
A. Any interest^
to the rules of p~ed~ a
but priority shall be given to those who
have so notified the city clerk in advance.

B. After a motion is made and second-
ed, no person shall address the city council
without fist s~~ng ~e~ssion of the
council to do so.

C. Re~ksby~e
only from the podium.
give their names and
cord, and no one shall
into my d~scussion
the presiding officer
1994)
sses for the re-
states that he is not voting, his silence shall
be recorded as an ~~~ative vote unless,
however, the counc~l
1994)
verification by the clerk. (Ord. 1594 8 1 A. Council ~em~r (pmX 1994) is in session, the
order and decorum, and a ~ern~r shall
neither, by conversation or o~e~i~e, delay
or intermpt the pr~e~ings or the peace of
the council nor disturb any ~ern~r while

4.12 The council shall, by r~so~ut~au, adopt
13 mi 7-01)

ATTACHMENT C
w~~g by the chalr,
tion 1.08.0~0 of
xpress consent ofthe
0 A. Consi~~ent with the provisions of :he
Ralph M. Brown Act (~ovemment Code
Section 54950 et seq.), the agenda for
council rneetiR~s shall be prep~ed by the
city manager, and dis~bnt~ by the city
clerk.
. Matters may be placed on the agenda
for conside~tion by :he city council by
request of:

1. Any member of the city council;

2. The city manager;

3. The city clerk;

4. The city anomey.

C. Any reasonable request by any per-
son named in this section to place a matter
on the agenda shall be honored, subject to
the city ~ager’s discretion as to the prep-
aration of accornp~ying sta~r~o~s. (Ord.

A. No officer, employee or agent of the
(Lodi 1-01) 14

ATTACHMENT C
city shall. without proper ~u~orization,
divulge co~dent~~ information received by
such person as part of his or her ofticid
duties during any closed session of the city
co~c~ au~onzed-under the Ralph M.

Bmwn Act (Gove~nent Code Section
54950 et seq.) as it now exists or may later
be modified.

B. Such co~den~ial information may
include but is not limited to matters involv-
ing pending liti~ation, pmperry acquisition,
labor negotia~io~, personnel matters or
other ~~o~ation, the disclosure of which
would rcasonably be likely to prejudice the
good faith conduct of city business. consti-
Ute an unwa~anted invasion of privacy, or
place the city at an unfair disadvantage in
ne~otia~io~.

C. For purposes of this section, “proper
a~thonzation” means:

1. In malt~rs of personal privacy, a
waiver by the individ~~ enjoying suck right
of privacy;

2. The order or subpena of a couts of
competent jurisdiction;
.3, Au~orization by the city council as
a body;

4. Conclusion or ~n~izat~on of the
matter or subject involved, as deten~ined by
the city council.

D. ~o~ng in this chapter shall be
deemed a waiver of any other confidential
privilege for any inform~ti~n established
elsewhere by statute orcase law. (Ord. 1594
$ 1 (pan), 1994)

ATTACHMENT C
RESOLUTION NO. 2006-31
A RESOLUTION OF THE LODl CIN COUNCIL ADOPTING

AND ESTABLISHING RULES FOR THE CONDUCT OF ITS

MEETINGS, PROCEEDINGS, AND BUSINESS AND
THEREBY RESCINDING RESOLUTION 2004-282
..................................................................

WHEREAS, the Lodi City Council, pursuant to Chapter 2.04 of the Lodi Municipal Code, is empowered and required to adopt by resolution, rules of conduct for City Council meetings; and
WHEREAS, it is desirable to make such procedural rules applicable to all other boards, commissions, and committees of the City.

NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council as follows :

SECTION 1. RULES OF CONDUCT AND DEBATE FOR THE CITY COUNCIL, BOARDS, COMMISSIONS. AND COMMITTEES
A. Presidina Officer Mav Debate
The Mayor or presiding officer may move, second, and debate from the chair, subject only to such limitations of debate as are by these rules established. The chair shall not be deprived of any of the rights and privileges of a Council or board member by reason of being the presiding officer.

B. Obtainina The Floor.

Any member of the Council or board wishing to speak must first obtain the floor by being recognized by the chair. The chair must recognize any member who seeks the floor when appropriately entitled to do so.

C. Motions.

The chair or any member of the Council or board may bring any matter of business appearing on the agenda before the body by making a motion. The chair shall open the matter for debate, offering the first opportunity to debate to the moving party and, thereafter, to any other member properly recognized by the chair. Once the matter has been fully debated and seconded and the chair calls for a vote, no further debate will be allowed; provided, however, Council or board members may be allowed to explain their vote. The person making the motion shall have the privilege of closing debate.

D.
m.

All members present at a meeting shall vote when the question is called, subject to the provisions of Lodi Municipal Code Section 2.04.140.

EXHIBIT B

ATTACHMENT C
E. Procedural Rules of Order.

Once the main motion is properly placed on the floor, several related motions may be employed in addressing the main motion. These motions take precedence over the main motion and, if properly made and seconded, must be disposed of before the main motion can be acted upon. The following motions are appropriate and may be made by the chair or any Council or board member at any appropriate time during the discussion of the main motion. They are listed in order of precedence. The first three subsidiary motions are non-debatable; the last four are debatable.

SUBSIDIARY MOTIONS:

1. Lav on the Table. Any member may move to lay the matter under discussion on the table. The motion temporarily suspends any further discussion or the pending motion without setting a time certain to resume debate. It must be moved and seconded and passed by a majority vote.

To bring the matter back before the body, a member must move that the matter be taken from the table, seconded, and passed by a majority.

A motion to take from the table must be made at the same meeting at which it was placed on the table or at the next regular meeting of the body; otherwise, the motion that was tabled dies, although, it can be raised later as a new motion.

Move Previous Question. Any member may move to immediately bring the question being debated to a vote, suspending any further debate.

The motion must be made and seconded without interrupting one who already has the floor. A two-thirds vote is required for passage.

Limit or Extend Limits of Debate. Any member may move to put limits on or extend the length of debate. The motion must be made and seconded and requires a two-thirds vote to pass.

Postoone to a Time Certain. Any member may move to postpone the pending motion to a time certain. This motion continues the pending main motion to a future date as determined by the Council or board at the time the motion is passed. The motion must be seconded and requires a majority vote for passage.

Commit or Refer. Any member may move that the matter being discussed should be referred to a committee, commission, or staff for further study. The motion must be seconded and requires a majority vote for passage. The motion may contain directions for the committee or commission, as well as a date upon which the matter will be returned to the Council or board's agenda. If no date is set for returning the item to the Council or board's agenda, any member may move, at any time, to require the item be returned to the agenda. The motion must be seconded and a majority vote is required for passage if the item is to come back at a future date certain, or a two-thirds vote if the item is to be immediately discussed by the Council or board at the time the motion to return is made.

2. 3.

4. 5.
2 ATTACHMENT C

6. Amend. Any member may amend the main motion or any amendment made to the main motion. Before the main motion may be acted upon, all amendments and amendments to amendments must first be acted upon.

A motion to amend must be seconded and requires a majority vote for passage. An amendment must be related to the main motion or amendment to which it is directed. Any amendment which substitutes a new motion rather than amending the existing motion is out of order and may be so declared by the chair.

7. Postpone Indefinitely. Any member may move to postpone indefinitely the motion on the floor, thus avoiding a direct vote on the pending motion and suspending any further action on the matter. The motion must be seconded and requires a majority vote for passage.

F. Motions of Privileae. Order. and Convenience.

The following actions by the Council or board are to insure orderly conduct of meetings and for the convenience of the members. These motions take precedence over any pending main or subsidiary motion and may or may not be debated as noted.

1. Call for Orders of the Day. Any member may demand that the agenda be followed in the order stated therein. No second is required and the chair must comply unless the Council or board, by majority vote, sets aside the orders of the day.

Question of Privileae. Any member, at any time during the meeting, may make a request of the chair to accommodate the needs of the body or hidher personal needs for such things as reducing noise, adjusting air conditioning, ventilation, lighting, etc. Admissibility of question is ruled on by the chair.

3. Recess. Any member may move for a recess. The motion must be seconded and a majority vote is required for passage. The motion is debatable.

Adiourn. Any member may move to adjourn at any time, even a there is
business pending. The motion must be seconded and a majority vote is required for passage. The motion is not debatable.

Point of Order. Any member may require the chair to enforce the rules of the Council or board by raising a point of order. The point of order shall be ruled upon by the chair.

M. Should any member be dissatisfied with a ruling from the chair, he/she may move to appeal the ruling to the full Council or board. The motion must be seconded to put it before the Council or board. A majority vote in the negative or a tie vote sustains the ruling of the chair. The motion is debatable and the chair may participate in the debate.

2. 4.

5. 6.
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7. Suspend the Rules. Any member may move to suspend the rules if necessary to accomplish a matter that would otherwise violate the rules.

The motion requires a second and a two -thirds vote is required for passage.

Division of Question. Any member may move to divide the subject matter of a motion which is made up of several parts in order to vote separately on each part. The motion requires a second and a majority vote for passage. This motion may also be applied to complex ordinances or resolutions.

9. Reconsider. Except for votes regarding matters which are quasi-judicial in nature or matters which require a noticed public hearing, the Council or board may reconsider any vote taken at the same session, but no later than the same or next regular meeting, to correct inadvertent or precipitant errors, or consider new information not available at the time of the vote. The motion to reconsider must be made by a member who voted on the prevailing side, must be seconded, and requires a majority vote for passage, regardless of the vote required to adopt the motion being reconsidered. If the motion to reconsider is successful, the matter to be reconsidered takes no special precedence over other pending matters and any special voting requirements related thereto still apply.

Except pursuant to a motion to reconsider, once a matter has been determined and voted upon, the same matter cannot be brought up again at the same meeting.

Rescind, ReDeal. or Annul. The Council or board may rescind, repeal, or annul any prior action taken with reference to any legislative matter so long as the action to rescind, repeal, or annul complies with all the rules applicable to the initial adoption, including any special voting or notice requirements or unless otherwise specified by law.

8. 10.

G. Authoritv of the Chair.

Subject to appeal, the chair shall be the chief parliamentarian, rule on points of order, and shall have the authority to prevent the misuse of the legitimate form of motions, or the abuse of privilege of renewing certain motions, to obstruct the business of the Council or board by ruling such motions out of order. In so ruling, the chair shall be courteous and fair and should presume that the moving party is making the motion in good faith.

H. Public Hearinas.

Matters which are required to be heard at a noticed public hearing shall be conducted in the following manner.

1. Time for Consideration. Matters noticed to be heard by the Council or board shall commence at the time specified in the notice 9f hearing, or as soon thereafter as is reasonably possible, and shall continue until the same has been completed or until other disposition of the matter has been made.
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2. Continuance of Hearinas. Any hearing being held or noticed or ordered to be held by the Council or board at any meeting may, by order or notice of continuance, be continued or re-continued to any subsequent meeting in the manner provided herein for adjourned meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immedihtely following the meeting at which the order or notice of continuance was adopted or made.

Public Discussion at Hearinas. When a matter for public hearing comes before the body, the chair shall open the public hearing. Upon opening the public hearing and before any motion is adopted related to the merits of the issue to be heard, the chair shall inquire if there are any persons present who desire to speak on the matter which is to be heard or to present evidence respecting the matter. Any person desiring to speak or present evidence shall make hidher presence known to the chair and upon being recognized by the chair, the person may speak or present evidence relevant to the matter being heard. No person may speak without first being recognized by the chair. Members who wish to ask questions of the speakers or each other during the public hearing portion, may do so but only after first being recognized by the chair. The chair shall conduct the meeting in such a manner as to afford due process.

Time limits may be established by the chair, limiting the duration of presentations as set forth in these rules.

All persons interested in the matter being heard shall be entitled to submit written evidence or remarks, as well as other graphic evidence. All such evidence presented shall be retained by the City Clerk or secretary of the board as part of the record. No person shall be permitted during the hearing to speak about matters or present evidence which are not germane to the matter being considered. A determination of relevance shall be made by the chair, but may be appealed as set forth in these rules.

Consideration of Question bv Council or Board. After all members of the public desiring to speak upon the subject of the hearing have been given an opportunity to do so, the public hearing shall be closed by the chair, and the body may consider what disposition they wish to make of the question or questions presented at the hearing. No member of the public shall be allowed, without consent of the chair, to speak further on the question during this period of deliberation: although, the members may ask questions of the speakers if so desired. At the conclusion of discussion and appropriate motion having been made and seconded, the body shall vote on the matter.

3. 4.

I. New Business: Introduction.

During Council meetings, no new business on the agenda (except closed sessions) shall be considered after 11 :00 p.m. without two-thirds vote of the Council. Any new business remaining on the agenda shall be carried over to the next regular Council meeting.
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J. Quorum: Maioritv: Two-Thirds Vote: Determination.

As used in this resolution or in the application of Lodi Municipal Code Chapter

2.04, the following definitions shall apply:

1. "Quorum" shall mean a simple majority of the total number of all persons on such body.
"Majority" shall mean the majority of members actually present at a meeting.
"Two-thirds vote" shall mean two -thirds vote of the members actually present, rounded up or to the next number if less than a whole person.

Two-thirds of four members shall be three members: two-thirds of five members shall be four members: etc.

2. 3.

K. The City Attorney shall review the City Council Agenda prior to its distribution to Council and note all Quasi Judicial items thereon. When the City Council or commission acts in an adjudicatory or quasi-judicial capacity, each member must (1) disclose on the record the nature and substance of any ex parte communications relating to the matter; and (2) provide interested parties full and fair opportunity to rebut or explain the information obtained from those communications.

SECTION 2. This Resolution shall become effective immediately.

Dated: February 15, 2006
..............................................

I hereby certify that Resolution No. 2006-31 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 15, 2006, by the following vote:

AYES: COUNCIL MEMBERS - Beckman, Hansen, Johnson, Mounce, and Mayor Beckman
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
3bJ-k.- SUSAN J. BLACKSTON
City Clerk
2006-31
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RESOLUTION NO. 2009-146
The Lodi City Council (“the Council”) is an elected legislative and deliberative public body, serving the citizens of Lodi, California, and after hearing makes the following findings:

WHEREAS, the Council wishes to maintain a tradition of solemnizing its proceedings by allowing for a pluralistic call to civic responsibility according to the faiths or beliefs of Lodi’s citizens (the “Invocation”) before each meeting, for the benefit of the Council; and
WHEREAS, the Council now desires to adopt this formal, written policy to clarify and codify its Invocation practices and amend the Council Protocol Manual adopted by Resolution No. 2006-45 accordingly; and
WHEREAS, in Marsh v. Chambers, 463 U.S. 783 (1983), the United States Supreme Court rejected a challenge to the Nebraska Legislature’s practice of opening each day of its sessions with a prayer by a chaplain paid with taxpayer dollars, and specifically concluded, “The opening sessions of legislative and other deliberative public bodies with prayer is deeply embedded in the history and tradition of this country. From colonial times through the founding of the Republic and ever since, the practice of legislative prayer has coexisted with the principles of disestablishment and religious freedom.” Id., at 786; and
WHEREAS, the United States Supreme Court has determined, “The content of [such] prayer is not of concern to judges where. . .there is no indication that the prayer opportunity has been exploited to proselytize or advance any one, or to disparage any other, faith or belief.” Marsh, 463 U. S. at 794-795. Thus, Marsh focuses on exploitation of the prayer opportunity and efforts, direct or not, to proselytize; to promote or sell a particular religion; and
WHEREAS, in Simpson v. Chesterfield County Bd, of Supervisors, 404 F.3d 276 (4‘h Cir. 2004), cert, denied, the United States Court of Appeals for the Fourth Circuit reviewed and specifically approved as constitutional the prayer policy of a county board, and made a number of findings about the policy; and
WHEREAS, the Council acknowledges the general guidance provided by the Fourth Circuit‘s findings in Simpson, including the fact that the policy there:
(1) Allowed for invocations for the benefit of the legislative body itself “rather than for the individual leading the invocation or for those who might also be present,” Id., at 284; and
I (2) Established a practice in which various clergy in the county’s religious community were invited on a rotating basis to present invocations before meetings of the board; Id., at 279; and

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(3) Thus, “made plain that [the county board] was not affiliated with any one specific faith” by allowing different persons from different religious convictions and backgrounds to offer the invocations. Id., at 286; and
WHEREAS, in Pelphrey v. Cobb County, Georgia, 547 F.3d 1263, 1271 (Ilth Cir.
2008), the Eleventh Circuit embarked on a thorough and scholarly examination of the Marsh test for invocations when it affirmed as constitutional the invocation policy of a county commission. In so doing, the Eleventh Circuit reached very similar findings as to those of the Fourth Circuit in
Simpson, and the Council finds its findings also provide useful guidance:
(I) The Marsh Court considered several factors to determine whether the legislative prayers at issue had been exploited to advance one faith in violation of the Establishment Clause - the Court weighed the chaplain’s religious affiliation, his tenure before the legislative body, and the overall nature of his prayers. Marsh, 463 U.S. at 792-95. The “nonsectarian” nature of a chaplain’s prayers is but one factor in this fact- intensive analysis and it does not form the basis for a bright-line rule. Pelphrey, 547 F.3d at 1271; and
(2) An invocation policy which results in prayers from speakers from a wide cross section of a municipality’s religious leaders (i.e., leaders of Christian, Jewish, Muslim and Unitarian faiths), and which allows prayers that include specific references from each of the various faiths, does not advance, proselytize or disparage any particular religious faith. Id. at 1277-1 278; and
WHEREAS, the Council notes that the Ninth Circuit, in an unpublished decision, has also acknowledged that a policy for invocations that, “as is traditional in Congress, rotate[s] among leaders of different faiths, sects, and denominations” may pass constitutional muster due to the fact that such a policy does not proselytize or disparage any particular religious belief. Bacus v. Palo Verde Unified School District Board of Education, 52
Fed.Appx. 355, 356 (9th Cir.2002); and
WHEREAS, the Council acknowledges the decision of California Second District Court of Appeal in Rubin v. City of Burbank, I01
Cal.A~p.4‘~ 1194 (2002), which found
illegal an invocation policy that allowed references to particular faiths. However, the Council believes the Rubin holding does not apply to the policy set forth herein because:
(1) The Rubin policy was not open to all religious groups within the City of Burbank; and
(2) The Rubin policy was not open to
non-religious groups; and
(3)
association; and
Appearances under the Rubin policy were controlled by a pastoral (4) The Rubin Invocation was given during the Council meeting; WHEREAS, invocations consistent with the policy adopted herein are currently offered before the United States House of Representatives, United States Senate, and the California Senate; and
WHEREAS, the Council intends and has intended in past practice, to adopt a policy that does not proselytize, advance or disparage any particular faith or religious

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belief or show any purposeful preference of one religious view to the exclusion of others; and
WHEREAS, the Council recognizes its constitutional duty to interpret, construe, and amend its policies and ordinances to comply with constitutional requirements as they are announced; and
WHEREAS, the Council accepts as binding the applicability of general principles of law and all the rights and obligations afforded under the United State Constitution and the Constitution of the State of California.

NOW, THEREFORE, BE IT
RESOlVED by the Lodi City Council that the Council
hereby adopts the following written policy regarding legislative invocations before meetings of the Council, to wit:

1. In order to solemnize proceedings of the Council, it is the policy of the Council to allow for a legislative invocation (the “Invocation”) to be offered before its meetings for the benefit of the Council. The Invocation shall be given in the manner of a “Call to Civic Responsibility” encouraging the Council to consider the City’s business with open minds and make just, wise and compassionate decisions.

2. The Invocation shall occur at 6:55 p.m. prior to the opening and noticed start time of the Council’s meeting and shall be listed on the agenda.

3. No member or employee of the Council or any other person in attendance at the meeting shall be required to participate in any Invocation that is offered.

4. The Invocation shall be voluntarily delivered by an eligible person as detailed below. To ensure that such person (the “Invocation Speaker”) is selected from among a wide pool on a rotating basis, the Invocation Speaker shall be selected according to the following procedure:
a. The City Clerk (the “Clerk”) shall compile and maintain a database (the “Invocation List”) of the religious congregations and secular groups with an established presence within and around the City of Lodi.
b. The Invocation List shall be compiled by referencing the listing for “churches,” “congregations,” or other religious assemblies and nonprofit civic groups in the annual Yellow Page phone book(s) published for the City of Lodi, research from the Internet, and consultation with local Chambers of Commerce. All religious and secular groups with an established presence in the local community of Lodi including Lodi citizens who must leave Lodi to attend a house of worship are eligible to be included in the Invocation List. Any such group not otherwise identified for participation may request its inclusion by specific written communication to the Clerk.
c. This policy is intended to be and shall be applied in a way that is all-inclusive of every diverse religious and secular group within and around the City of Lodi. The Invocation List is to be compiled and used for purposes of logistics, efficiency and equal opportunity for all who may choose to participate in the Invocation.

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5. 6.

7. 8.

9. 10.
d. The Invocation List shall also include the name and contact information of any chaplain who may serve one or more of the fire departments or law enforcement agencies of the City of Lodi. e. The Invocation List shall be updated annually, by reasonable efforts of the Clerk.
f. Within thirty (30) days of the effective date of this policy, and annually each calendar year thereafter, the Clerk shall mail an invitation addressed to each group listed on the Invocation List, as well as to the individual chaplains included on the Invocation List. g. Respondents to the invitation letter shall be scheduled on a first- come, first-serve basis to deliver the Invocation.

No Invocation Speaker shall receive compensation for his or her service.

The Clerk shall make every reasonable effort to ensure that the eligible Invocation Speakers that are scheduled to give the Invocation before the Council meetings represent a variety of view points from within and around the City of Lodi. In any event, no Invocation Speaker shall be scheduled to offer an Invocation at consecutive meetings of the Council, or at more than two (2) Council meetings in any calendar year.

Neither the Council nor the Clerk shall engage in any prior inquiry, review of, or involvement-in, the content of any Invocation. Moreover, the Invocation may be given in a manner that respectfully references the faith or beliefs of the Invocation Speaker. However, no Invocation Speaker shall give an Invocation that seeks to: 1) convert those present to a particular religious belief or seeks to demean a particular religious belief or lack thereof; 2) advocates a political agenda; or 3) asserts the accuracy, inaccuracy, or primacy of any religious belief or lack thereof.

Invocation Speakers who violate this policy shall be permanently removed from the Invocation List and their Invocation may be interrupted and terminated by the Mayor.

Shortly before the opening gavel that officially begins the meeting and the agendalbusiness of the public, the Mayor shall introduce the Invocation Speaker, and invite only those who wish to do so to stand for those observances given for the benefit of the Council.

In the event that the Invocation Speaker does not or cannot appear as scheduled, or in the event that no Invocation Speaker has volunteered or been scheduled for a particular Council meeting, shortly before the opening gavel that officially begins the meeting and the agenda/business
of the public, the Mayor shall announce a moment of silence for individual reflection; and invite only those who wish to do so to stand for those observances given for the benefit of the Council.

This policy is not intended, and shall not be implemented or construed in any way, to affiliate the Council with, nor express the Council’s preference for or against, any faith or religious denomination, belief, affiliation or lack thereof. Rather, this policy is intended to acknowledge and express the ,

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Council’s respect for the diversity of religious and non-religious thought represented and practiced among the citizens within and around the City of Lodi.
1 I. To clarify the Council’s intentions, as stated herein above, the following disclaimer shall be included in at least I0 point font under the Invocation Agenda Item:
“Invocations may be offered by any of the various religious and non- religious organizations within and around the City of Lodi. Invocations are voluntary offerings of private citizens, to and for the benefit of the Council.

The views or beliefs expressed by the Invocation Speaker have not been previously reviewed or approved by the Council, and the Council does not endorse the beliefs or views of any Invocation Speaker or religious organization.”
NOW, THEREFORE, BE IT FURTHER RESOLVED that this policy shall become effective immediately.

I hereby certify that Resolution No. 2009-146 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 21, 2009, by the following vote:

AYES: COUNCIL MEMBERS - Hitchcock, Johnson, Katzakian, Mounce, and Mayor Hansen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN:

COUNCIL MEMBERS - None
Atto
Mayor
City Clerk
2009-146

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Council Legislation/Environmental CommitteeMarch 20, 2024

Council Legislation/Environmental Committee
March 20, 2024