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HomeMy Public PortalAbout06) 7D Resolution 17-5230 Amending Rules of Order and ProtocolsDATE: TO: FROM: MANAGEMENT SERVICES DEPARTMENT January 3, 2017 The Honorable City Council Bryan Cook, City Manager Via : Eric S. Vail , City Attorney By : Peggy Kuo , City Clerk MEMORANDUM AGENDA ITEM 7.0. SUBJECT: ADOPTION OF RESOLUTION NO. 17-5230 AMENDING RULES OF ORDERANDPROTOCOLS RECOMMENDATION: The City Council is requested to adopt Resolution No . 17-5230 (Attachment "A"), amending City Council Rules of Order and Protocols , Section 1 0 "Addressing the City Council ", to increase the public speaker time for speakers requiring translation from three minutes to s ix minutes pursuant to Assembly Bill (AB) 1787. BACKGROUND: 1. O n April 7, 2009, City Council approved to include two public comment sections on the City Council meeting agenda, one at the beginn in g and one at the end of the agenda and limit five minutes per speaker. 2 . On November 16 , 20 10 , the City Council conducted a noticed meeting and adopted Resolution 1 0-4695 confirming its previous Rules of Order, but also adding new "Protocols" governing the expe cted ethical conduct of City Councilmembers , Commissioners, and Board members . The City Council has long utilized rules of order to organize and run its meetings and those of its boards a nd commissions . 3. On January 21, 2014, City Council adopted Resolution No . 14-4695 amendi ng Section 1 0 "Addressing the City Council " of th e Rules of Order and Protocols and reduced the public speaker time from five minutes to three minutes in an effort to limit repetition of any one individual's publ ic comment during the time frame allotted to such speaker . 4 . On January 1, 2017 , AB 1787 "Open meetings: public comments: translation " became effective . City Council January 3, 2017 Page 2 of 3 ANALYSIS: AB 1787 amends Section 54954.3 of the Government Code (i.e ., Brown Act) to require the legislative body of a local agency that limits time for public comment to provide at least twice the allotted time to a member of the pub l ic who utilizes a translator, to ensure that non-Eng l ish speakers receive the same opportunity to directly address the legis lative body of a local agency. The bill's provisions do not apply if the legislative body util izes simultaneous translation equipment i n a manner that allows the legislative body to hear the translated public testimony simultaneously. Currently, the City Council Rules of Order and Protocol allows each person addressing the City Counci l to three minutes to speak on a specific subject. It does not include provision for speakers who utilizes a translator . Since the meeting proceedings are estab l ished by City Council by way of the Rules of Order and Meeting Protocol (Rules of Order), it is necessary to amend the Rules of Order in order to change th e time limit for public comment. Proposed Reso l ution 17- 5230 includes amended Rules of Order as Exhibit "A " to reflect the change to the public comment section of a meeting agenda . Below is a summary of the proposed change for City Council consideration : RULES OF ORDER: SECTION 10. ADDRESS ING THE CITY COUNCIL B. Each person addressing the City Council 1) s hould speak into the microphone at the speakers' podium ; 2) shou ld , but is not required to , state his or her name and address; 3) shall limit the address to three minutes or si x minutes for members of the public who uti lizes a translator. unless additional tim e is granted by the Mayor ; 4) no person other than the City Counci l and the person having the floor shall be permitted to discuss any matter either directly or through a member of the City Council without permission of the Mayor/Chair ; and 5) shall address al l remarks to the City Counci l as a body, not to any individual member or to the audience . C ITY STRATEGIC GOALS: Adoption of Resolution 17-5230 that amends Section 10 of the City Council Rules of Order and Protocol to comply with AB 1787 and increase the public speaker time for speakers who utilizes a trans lator from three to six minutes wil l promote Good Governance and Citizen Education and Communication. City Council January 3, 2017 Page 3 of 3 FISCAL IMPACT: This item does not have an impact o n th e Fisca l Year (FY) 2016-17 City Budget. ATTACHMENT: A. Resolution 17-5230 ATTACHMENT A RESOLUTION NO . 17-5230 A RESO LUTI ON OF THE CITY COUNCIL OF T HE CITY OF TEMP LE CITY , CALIFORNIA, ADOPTIN G AMENDED RU LES OF ORDER AND PROT OCOLS. WHEREAS , Sectio n 603(H) of the Ci ty Charter of the City of Temple City provides : 'The City Council may establish rules for the conduct of its proceedings, including, but not li mited to , provision for the punishment of any person who engages in disorderly conduct at a City Council meeting;" and , WHEREAS, on November 16, 2010 , the City Council adopted Res olution 10-4695, including Rules of Order and Protocols applicable to the City Council and all the City's Comm issions and Board s ; and , WHEREAS , on April 12, 2012 , the City Council conducted a pub lic review of the Rules of Order and Protocols and determined that it was in the best in terest of the City and its citizens that certa in provisions of the Rul es of Order and Proto cols be amended ; and , WHEREAS, the City Council declares that amendment of the Ru les of Order and Protoco ls limiting the allotment for speakers requiring translation to address the City Council from 3 m inutes to six (6) m inutes to ensure that non-English speakers receive the same opportun ity to directly address the legislative body of a loca l agency. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. RULES OF ORDER The "Rules of Order for City Council and Comm issio n Meetings ," as amended and attached hereto and incorporated herei n by th is reference as Exhib it "A ," are hereby adopted . SECTION 2. PRO TOCOLS The "City Council and Commission Protocols ," as amended and attached hereto and incorporated herein by this reference as Exhibit "B," are hereby adopted . SECTION 3. APPLICABILITY (a) T he Rules of Order and the Protocols will be used and followed by all members of the City Co uncil , and its Commissions and Boards. (b) All members of the City Council and its Commissions and Boards shall execute a state ment, provided to them by the City Cle rk , certifying that they have rece ived and reviewed the Rules of Order and the Protoco ls . (c) In the case of a Commission or Board , the term "Cha irperson" shall be substituted for Mayor and the name of the Commission or Board sha ll be substituted for City Council or Counci l. SECTION 4. CLERK'S CERTIFICATION T he City Clerk shall certify to the adoption of this resolution . RIV #4832-5536-05 19 v4 PASSE D , APPROVED AND A DOPTE D by the City Council of the City of Temple City at a meeting held on the 3'd day of January, 2017. Vincent Yu , Mayor ATTE ST: A PPR OVED AS TO FORM : Peggy Kuo , City Cle rk C ITY ATTORNEY CLERK'S CERTIFICATION I hereby certify that the foregoing resolut ion , Resolution No. 17-5230 was duly passed , approved and adopted by the City Counc il of the City of Temple City at a re g u lar meeting held on the 3rd day of January, 201 7 , by the following vote : AYES : NOES: A BSENT: A BSTAIN : City Clerk Counci lm ember- Counci lm ember- Counci lm ember- Counc ilmember- -11 - EXHIBIT "A" CITY OF TEMPLE CITY CITY COUNCIL AND COMMISSIONER Rules of Order January 3, 2017 -Ill- CITY OF TEMPLE CITY RULES OF ORDER FOR CITY COUNC IL AND CITY COMMISSION MEETINGS SECTION 1. REGULAR MEETINGS Regu lar meetings shall be held at the location and at the time indicated by Ordina nce unless a change in meeting date or t ime is authorized by the City Counc il ; once convened , su ch meeting may be adjourned to another location w ithin the City if unusually large crowds or other circumstances warrant. A. Adjourned Meetings All meetings may be adjourne d to a time, place and date certa i n, but not beyond the next reg ul ar meeting . Once adjourned , the meeting may not be reconvened . On ly matters listed on the Agenda may be discussed or decided. B. Spec ial Meetings Speci al meetings may be calle d by the Mayor or majority of membe rs of the Council on 24- hour no tice , as set forth in Government Code 54950 et seq . (commonly known as the Ra lph M. Brown Act -hereinafte r the Brown Act). Only matte rs co ntained in th e notice may be cons idered . C. All meetin gs are open to the publ ic except certai n "personnel", liti gation matters or real estate negotiations , or as otherwise prescribed by the Brown Act ; closed sess ions may be held only du ring a du ly ca ll ed meet ing of the C ity Counci l. SECTI ON 2. NOTICE Not ice of all regul ar, special and adjourned meeting s mu st be provided and posted in accordance with the Brown Act. Seventy-two hours ' not ice is requ ired for regular meetings ; 24 hour notice for special meetings. SECTION 3. QUORUM Purs ua nt to Section 603(E) of the Ci ty Charter, three (3) members of the City Counc il shall cons t itu te a quorum of the City Cou ncil. Motions may be passed 2-1 if only 3 attend , bu t resolutions , orders for the pa yment of money, and all ord inances requ ire a recorded majority vote of the total membership of the City Counc il (Go vern ment Code Section 36936). SECTION 3(A). VOTING Un less disq ua lifi ed (as de fi ned in Section 3B (2)), Members of the City Council are ent itled to exercise the ir right to cast the ir vote on items of busin ess brought before the Council. T here are two common methods of vo tin g. The C ity Council hereby determ ines to use the following methods in the order presented , unless a certain method is require d by law or dem anded by an y member of the City Council: (1) No Objection/Unanimous Consent: A properly offered and seco nded motio n may be passed by Unan imous Consent of the members . The Mayor sha ll declare a motion , duly made and -1 - ---------------------------------------------------------------------------------------------- seconded, is be fore the City Co uncil. T he Mayor shall then declare there be ing no objection , the motion is adopted by un an imous consent. Any mot ion adopted by this meth od shall be cons idered a recorded unanimous approval of the motion in the m inutes by the City Clerk . (2) Roll Call: Any member of the City Coun cil may demand any motion be voted upon by roll call vote. Up on such demand , the Mayo r shall request the City Clerk cond uct a roll call , with each member of th e City Council declaring yea , nay, or abstain. Upon conclusion of the roll call , the City Clerk shall declare the results of the roll cal l. It shall not be in order for members to explain their vote before the next order of business. SECTION 3(8). FAI LURE TO VOTE , DISQUALIFI CATI ON , A ND A PPE A L OF CHAIR 'S RU LING (1 ) Fa ilure to vote : Every member should vote un less disqualified for cause accepted by vote of the Co un ci l or by opinion of the City Attorney. Sel f-d isqualification, with approval, which results in a tie vote should be avoided as thwarting Council action, but no member ca n be forced to vo te. a. The abstainer, in effect, "conse nts " that a maj ority of the quorum may act for him/he r. b. T ie votes are "lo st motions" and may be reconsidered la ter. (2) Disqualification : Where a Councilmember su ffers a conflict of interest, bias , or predetermination , su ch member shall state the na ture of th e disqualification , leave the dais and the Coun cil c hamb er and , h is vote or lac k of it s hall not be co nsidered , nor shall he be counte d toward a quorum . (3) Appeal : Any decision or rul ing of the Mayor may be appealed by request of any member. Th e May or shall call for a roll call to see if the Mayor shall be upheld . If the roll ca ll loses, the Mayor is revers ed. SECTION 4. CO RRECT LEGAL DOCUMENT Upon occas io n, ordinances or resolutions are subm itted in longhand or in draft form with on-the- spot amen dments. Th ese preliminary papers may be re-typed in fina l form ; suc h re-d raft , when signed and attested , becomes the or igin al and prope r document to be reta ined in the files . SECTION 5 . THE MINUTES Min utes are the co nce rn of the City Clerk or Secretary unti l presented to the Council, Com miss io n or Board for approval. Th e Co un ci l, Com mission or Board may then, by mot ion , make such correctio ns as confo rm to fact. A. T he mi nutes shall i nclude th e date , hour and place of the meeting ; whe th er it is a regular , adjourn ed regular or specia l mee ting ; the names of the Co un cilme mbers and staff p res ent and absent; and any actio n tak en by th e City Counci l. B. If any Cou ncilmember arrives late or departs before the adjournmen t, the minutes shall reflect his or her arrival or departure time. C. T he minutes should be a clear and conc ise sta temen t of the actions taken at the Counci l meeting , incl ud ing the motions made and the vote thereon . -2 - D. Wheneve r the Council acts in a quas i-judicial proceeding such as assessment or zon ing matters, it is necessary to compi le a complete summary of the witnesses. SECTION 6. ACT IONS (1) Motions: Any Councilmembe r may in itiate an item for formal cons iderat ion by the City Council through the making of a motion . An individual Councilmem ber may make an independent motion , may make a motion to im plement staff recommendation , or may request assi stance from the City Manager or City Attorney as to the form of a proposed motio n. Up on making of the moti on , a secon d Co un cilmembe r may second the motion . A du ly offe red and seconded motion shall be restated by the Mayor , City Manager, or City Attorney . Unless withd rawn , th e City Council sha ll vote upon the motion , as provided in Section 3(A). (2) Resolutions : A resolut ion is a forma l document tha t records an actio n of the City Co un cil. Resolutions are consider ed by the City Counci l upon motion and proper second . Resolutions are sometimes re quired by law or may be recommended by the City Manager or City Attorney to record an action of the City Council wh ich is consi dered of particular impo rtan ce . (3) Ordinances : Ord inances are the vehicle used by the City Council to repeal or amend existing law , as codified in the Temple City Municipal Code , or to enact new law. In acco rd ance with Section 606 of the City Charte r and the Cal ifornia Government Code , ordinances are considered by th e City Council in a two-step process. Un less determined to be an ite m of Urg ency by a fo ur-fi fth s vote of the City Coun c il , ordinances are introduced by the City Coun ci l at one meeting and then approve d and adopted at a subsequent meeting . Thirty days after adoption , the ordinance becomes effective. (a) Any ordinance may be read at both firs t and second reading/adoption "by title only", if reading in full is waived by majority vote . (b) Th e motion to introduce or adopt the ordinance on read ing by title only may be adopted by Unan imous Consent. Any member may demand a roll call vote and a major ity vote is req uir ed, otherw is e the mot io n fails and the ordinance must be read in fu ll. (c) No changes exc ept clerical corrections are allowed afte r fi rst reading or the ord inance returns for in troduction and fi rst reading . (d) Adoptio n (which may occ ur only once fiv e day s have elapsed since first reading) i. Either must be read in full or Unanimous Consent procedure to be read "by title only." ii. The City Cle r k rea ds title , then City Counci l votes on a mot ion to read by ti tle only . Ro ll ca ll , if demanded . iii . If the motio n to read , by title on ly, passes , the ordinance is ready for adopt io n, otherwise must be read in full . iv . While Unanimous Consen t proce dure is legally sufficient, the roll call procedure to adopt is re commended . Each ord inance should be passed -3- only by th is double motion method: a combination motion to "adopt by reading title only" is dangerous in that if the Council splits , the passage may be defective. (e) Effective date All ordinances, exce pt as provided in Section 36937 of the Government Code (Urgency Ordinances), sha ll become effective th irty days afte r adoption or upon such later date as may be designated in the ordinance . (f) Publ ishing It is the duty of the City Clerk to publish or post the ord inance as set forth in Section 36933 of the Government Code with in fifteen days after adoption ; fa ilure to do so may invalida te th e ordinance. (g) Urgency Ordinances If any Urgency Ordi nan ce fails to receive an affirmative vote of 4/Sths of the members, such ordinance shall be as if it had not been read as an emergency enactment. Urgency ordinances must pass by a 4/5ths vote , and must be published and become effective immediately. Emergency ordinances may be declared void by the Courts if no true urgency existed . (4) The right of a member to address the Council on a question of persona l privilege shall be limited to cases in which his integrity, character, or motives are questioned , or to where the welfare of the Council is concerned may interrupt another speaker if the Mayor recognizes the privilege. SECTION G(A). RECONSIDERATION Any member who voted with the majo rity may move a reconsid eration of any action at the same (or "have entered on the minutes" for vote at the next succeeding meeting), providing no legal righ ts have intervened to create an estop pel. After a motion fo r reconsideration has once been acted upon , no other motion for a reconside ration thereof shall be made without unanimous consent. SECTION 7. PR ECEDENCE OF MOTIONS A. Processing of Motions When a motion is made and seconded , it shall be stated by the Mayor/Cha ir before debate. A motion ma y not be withdrawn by the move r without consent of the member seconding it and the approval of the Council. 1 . Motions out of order T he Mayor may , at any time by Unanimous Consent , perm it a member to introduce an ordi nance, resol ut io n , or motion out of the regular agenda order. -4- 2. Divisi on of question If the question contai ns two or more divisib le propositions, the Mayor may, and upon request of a member shall, div ide the question and require a vote on each port ion of the question. B. Precedence of Motions When a motion is before the Council , no motion shall be entertained except: to adjourn to fix hour of adjournment to lay on the table for the previous question to postpone to a certain day to refer to amend to postpone indefinite ly These motion s shall have precedence in the order in dicated . 1. Mot ion to adjourn (no t debatable) A motion to adjourn shall be in order at any time, except as follows: a. when repea ted without intervening business or discussion b. when made as an interrupt ion of a member wh ile speaking c. when the previous question has been ordered d. while a vote is being taken A motion to adjourn "to another time" is debatable only as to the time to which the meeting is adjourned. 2. Motion to fix hour of adjournment Pur pose is to set a definite time at which to adjourn. Undebatable and unamendable except as to time set 3. Motion to table Pur pose is to tempora rily by-pass the subject A motion to lay on the table is undebatable and shall preclude all amendments or debate of the subject under consideration . If the motion shall prevail , the matter may be "taken from the table" at any time prior to the end of the next regular meeting . 4. Motion for previous question Purpose is to close debate on main motion . Undebatable. Just ind icating "question" does not accomplish the same thing . If motion fa il s , debate is reopened ; if motio n passes , then vote on the main motion is in order. 5. Motion to amend (debatable only as to amendment) -5 - A motion to amend an amendment is in order, but one to ame nd an amendment to an amendment is not. An amendment modifying the intention of a motion is in order , but an amendment relating to a different matter sha ll not be in order . A subst it ute motion on th e same subject is acceptable. Amend ment s are voted f irst , th en the ma in mot ion is amended . 6 . Motion to postpone A moti on to postpone indefinite ly is fully debatab le and if the same is adopted, the principal question sha ll be declared lost. Motions to postpo ne to a defin ite t ime are am endable and debatable as to propriety of postponement and t ime se t. Motions to refer are sim il arly not debatable, except to the propriety of referr ing . 7. With drawing a motion SECTION 8. A motion may be w ithdrawn if the motion has not bee n stated by the Mayor/Chair. A withdrawn motio n does not appear in the minutes. Once a motion has been stated by the Mayor/C hair, it can be withdrawn on ly by Un ani m ous Consent or by a majority Ro ll Call vote . CONDUCT OF PUBLIC HE AR IN G A. Hearing : Mayor opens aud ience part icipat ion po rt io n of publ ic hea ring . B. Ev idence: T he part ies conce rn ed, at this po int , must be prepared to submit all ev idence pertinent to their position . However, in orde r to save time , anyone may refer to previous test imony or to documents previously filed , as all of the records , ex hibits, and minutes of other meeting s are before each member, all of whic h is part of the record. Each speaker is requ ired to abstain from irre levant test imony , re petition , excessive hearsay , ind ulging in personalities or mak ing stateme nts not recorded by the secretary. All parties are reminded to restri ct th ei r remarks to matters relevant to the pertinent portions of the Muni cipa l Code . C. W itnesses : Each person who desires to speak must first be re cog nized by the Mayo r. Upon receiv ing recogn ition , the spea ker shou ld give his or her name and address for the record . If a person refuses to give their name and address fo r the record , then the ir statement will not be co nsid ered as evidence in the p roceedin g, but will be lodged as a comme nt from an anonym ous memb er of the public in accordance with the Brown Act. D. Format of hearing : The applican t w ill be given the opportun ity to present h is or her case fi rst. T he opponents w ill then be permitted to present their case. T he applicant will then be allowed to present rebutta l (not supplemental) evidence. E. Peti tio ns -Letters: Evidence in adm in istra tive hea ring s may not be rea d un less the write r is presen t for cross -exam ination or unless the other si de consents . -6 - F. Close of hearing: Mayor will call the public hearing to be closed . After the close of the hearin g, the Mayor wi ll ask for a motion dispos ing of the matter. SECTION 9 . EX-OFFICIO ME MBERS Ex-officio members have all of the rights of any other member, but none of the obligations . T hey are not cou nt ed in quorum , but must be notified of all meetings . SECTION 10. A DDR ESS ING THE CITY COUNCIL A Publ ic co mm ent Any perso n may address the City Council rega rd ing any matter with which they are conce rn ed. Comments on issues already on the agenda should be saved until that item is be ing discussed . All other co mm ents regarding issues not on the agenda should be made during Oral Communications. While the purview of the City Counci l is broad , members of the public should make remarks or comments on ly on items with in the jurisdiction of the City Council. Remarks not wi th in the scope of the Ci ty Coun cil's authority shall be ruled out of orde r by the Mayor. B. Eac h person addressing the City Council 1) should speak into the microphone at the speake rs ' pod ium ; 2) should, but is not required to , state his or her name and address; 3) shall lim it the address to Three (3) minutes I speakers requiring tran slat ion shall lim it address to Six (6) minutes unless additional time is granted by the Mayor ; 4) no person other than th e City Council and the person hav ing the fl oor shall be permitted to discuss any matte r eith er directly or through a member of the City Council withou t perm iss ion of the Mayor/C hair; and 5) shall add ress all remarks to the City Council as a body , not to any individual member or to the aud ience. C. No act ion may be take n on any matter whic h is not liste d on the Agen da. D. When an ident ifiab le grou p of pe rsons wishes to add ress the City Counci l, on the same agenda item, the Mayor shall have the discretion to request that a spokesperso n be chosen by the group to address the City Council. If additiona l issues are to be presented on the s ubje ct by any other member of suc h group , the Mayo r may li mit the num be r of perso ns and the time period for spea king to the City Counci l, to avoid unnecessary repet itio n of issues . E. Any person making persona l, impertinent or slanderous remarks , or w ho becomes unru ly wh ile ad dressi ng the City Co uncil , shall be bar red from fu rth er speaki ng at said meeting before the City Coun ci l and may be ejected if his or her conduct disrupts the meeti ngs. SECTION 11. AG END A T he Brown Act requi res that no action may be taken at any time unless on a printed and posted Agenda containing sufficient information to apprise a reasonable person of the scope of any proposed action . Individual Counci lm embe rs may place an item on the Agen da by contacting t he City Manager the Monday before the Agen da deadline. The Ci ty Manager will make every effort to place th e item on the next -7- succeeding Agenda . However, should the City Manager determine the Agenda item would require significant staff resources or be received late in the agenda process , the City Manager sha ll place the item on the Agenda within thirty (30) days of the meeting next following , as an "Informational and Direct ional " item to ascertain if the City Council concurs with the allocation of staff resources or to prov ide sufficient time to research the Agenda item and present said research to the Council. -8- EXHIBIT "8 " PROTOCOLS CITY OF TEMPLE CITY C ITY COUNCIL AND COMMISSIONER PROTOCOLS Nove m ber 17 , 2010 Table of Contents 1.0 Preamble ........................................................................................................................................ 1 2.0 Setting a High er Standard within the Existing Fram ework ............................................................. 1 3.0 Openness ....................................................................................................................................... 1 3.1 Public Meetings ................................................................................................................. 1 3.2 Counci l Communicat ions & Serial Meetings ..................................................................... 1 3.3 Closed Session Discussions ............................................................................................. 1 3.4 Closed Session Materials .................................................................................................. 2 4.0 Fairness of Process ........................................................................................................................ 2 4.1 Decisions on the Mer its ..................................................................................................... 2 4.2 Meetings with Applicants & Interested Person s ................................................................ 2 4.3 Disclose Information .......................................................................................................... 2 4.4 Conside r All Sides ............................................................................................................. 2 4.5 Decorum ............................................................................................................................ 2 4.6 Attentiveness ..................................................................................................................... 3 5.0 Ethical Decision Making ................................................................................................................. 3 5.1 Avoiding th e Appearance of Im propriety ........................................................................... 3 5.1 .1 Ma ke Ethical Decisions ........................................................................................ 3 5.1.2 You May Need to Refrain From Partici pating ....................................................... 3 5.1.3 Smell Test... .......................................................................................................... 3 5.1.4 Get Help ................................................................................................................ 3 5.2 Ethical Principles to Follow ................................................................................................ 3 5.2 .1 Be A Good Steward .............................................................................................. 3 5.2 .2 Th e Common Good .............................................................................................. 3 5.2.3 Fai rn ess and Equity .............................................................................................. 3 5.2.4 Im partia lity ............................................................................................................ 3 5.2.5 Avoid Personal Interests ....................................................................................... 3 5.2.6 No Personal Ga i n ................................................................................................. 4 5 .2. 7 City Stationery ...................................................................................................... 4 5.2.8 Appearing before Council ..................................................................................... 4 5.2.9 Gifts ...................................................................................................................... 4 5.2.1 0 Campa ig n Contributions ......................................................................................... 4 6 .0 Efficiency and Accountab i lity .......................................................................................................... 4 6 .1 Members Shou ld Not Interfere with Operations ................................................................ 4 6 .1.1 Bas ic Non interference Ru le : ................................................................................. 4 6 .1.2 Implementing this Rul e: ........................................................................................ 4 6 .2 Interactio n of Members ...................................................................................................... 6 -I- 6 .2 .1 Po sitions of Mayor and Cha ir man ........................................................................ 6 6 .2 .2 At Public Meetings ................................................................................................ 6 6 .2.3 Relations wi th Fe llow Members ............................................................................ 7 6.2.4 Publi c Communica ti on and Appearance .............................................................. 7 7.0 Enforcemen t ................................................................................................................................... 8 7.1 Member Respons ibility ...................................................................................................... 8 7.2 Council Au thority ............................................................................................................... 8 7.2 .1 Training and Education ......................................................................................... 8 7.2 .2 Counci lmembers ................................................................................................... 8 7.3 Vio lation of Oath of Office .................................................................................................. 8 7.3.1 Oath of Office ....................................................................................................... 8 7.4 Violat ion of Protocols ......................................................................................................... 9 7.4 .1 Com plaint. ............................................................................................................. 9 7.4 .2 Investig ation ......................................................................................................... 9 7.4 .3 Enforcement ......................................................................................................... 9 -11- 1.0 Preamble The Council declares th at citizens of Temple City are entitled to have fair, open, ethical, efficient and acco untable loca l gove rnm en t and that City offi cials should continua ll y str ive to earn the public's confidence. Towa rd tha t end , these Pro tocols establish higher standards of con duct for members of the C ity Council and members of City boards and commissions (collectively "Members ") than are current ly requ ired under the laws of the State of Cali forn ia. Th e Mem bers p ledge to ho ld th emse lves and eac h oth er Member responsible for obse rving the standards se t fo rth in these Pro toco ls, and to enforce these Protocols when necessary to preserve t he integrity of City government or the public 's image of the City. 2.0 Setting a Higher Standard within the Existing Framework By adopting these Protoco ls, the Council intends to supplement and not to supersede Cal ifornia 's existing legal framework applicab le to local governments. Sim il arly , the Council intends that these Protocols will not merely restate existing legal obligations , but will establish a higher standard of conduct for Members in the gove rn ance of the City. Members are refe rred to Appendix "A" (Legal Framework & Resources ) for pe rtin ent reso u rces . Memb ers are expected to be fami liar with a nd to seek guidance about the applicability of the lega l framework . 3.0 Openness Ope nn ess or tra nsparency in decision ma kin g is of the ut mo st importa nce in maint aining ethica l, re presenta tive loca l gove rn ance . Toward that end , Members will ad here to the follow in g standards: 3.1 Public Meetin g s. Members will make it a priority to hold publ ic meetings in accordance with the Ralph M. Brown Act. Members will seek guidance from the City Attorney as to the accepted inte rpretation of Bro wn Act requireme nts and will apply those provis ions conservatively in favor of the public 's righ t to participate in p ublic decisions. 3.2 Council Communications & Serial Meetings. Communications between Members will be conducted in accordance with the Ralph M. Brown Act. Members will not engage in "serial meetings" with coll eagues -a discussion of City issues among a majority of Councilmembers or Commissioners ei ther collectiv ely (i .e . all meeting togethe r) or in a sequence (A ta lks to B who talks to C). Members will not use othe r persons as in termediaries to accomp lish a serial meeting or to circumven t the Ralph M. Brown Act. 3 .3 Closed Session Di sc ussio n s. As pa rt of a p roperly age nd ized meeting , Members may only ho ld sessions c losed to the pub lic , at advise ment of the City Attorney, in accordance w ith the commonly accepted interpretation of Brown Act requi rements. Discussions held in closed sess io n are to be directly limited to the matter at hand . Such discussions , along with materials reviewed , are confidential and shall not be disclosed except as the City Attorney may advise. 3 .4 Closed Session Materials. Confiden tia l materials provided in preparation for and durin g closed sessions must be returned to the City Attorney at the conclusion of the closed session . 4.0 Fairness of Process Members will comp ly with the meeting and hearing procedures set forth by Counci l Ordinance or Reso lution . See (Council Resolution 10-4695). Additionally , in order to cu ltivate an environment of fairness and to encourage public confidence in City decisions , Membe rs will adhere to the following standards of conduct: -I - 4 .1 Decisions on the Merits . Members will base their decisions on the facts and merits of each matter, not upon personal or other biase s , and will strive to make decisions that are in the best in terests of the community as a whole . 4 .2 Meetings wi t h Ap pl icants & Int erested Perso ns. Except as provided below, a Member may meet and/or commu nicate with any person inte rested in a Developm ent Project (a s defined be low) at any time befo re or after the filing of an applicat ion for the Deve lopment Projec t. All meetings and communications m ust be in compliance with the Brown Act. After an application for an approval or permit has bee n filed with the City relating to the Deve loper Project , Members shall on ly meet and communicate with the project app licant and/o r owners (including the ir agents, repres en tati ves and contractors) wi th regard to the Development Proj ect as part of an agendized public meeting , as may otherwise be directed by Council (e.g . an ad hoc committee ), or in the presence of the City Manager or his/he r designee . For the purpose of this Section, a "Development Project" shall mean only those proje cts seeking or requiring a Speci fic Plan , Zone Change , Dev elopmen t Agre emen t , Dens ity Bonus, Subdivision Tract Map , or a Conditi ona l Use Permit for a sensitive use (i.e. adu lt business , massage parlor etc), or an industria l or commercial use having a bu ilding area of 20 ,000 square feet or more. 4 .3 Disclose Information . Pr ior to any deliberations on a project or matter at a public meet ing , Members shall publ icly disclose in form ation about the matter that they have obtained from sources, not presented in the staff report (e .g. their own site visit, from t he public, from the appl ican t, etc.), which ma y influence the ir decision or that of Members. 4.4 Consider A ll Si des . Members sho ul d co nsider th e various viewpoi nts related to a project or matter and affo rd proj ec t app lica nts and inte rested perso ns an adequate opportunity to co mm ent upon a project or matter before actio n is taken . However, redundant comments or abusive or uncivi l conduct wi ll not be permitted . 4 .5 Decorum . To ensure the fa irness and integrity of the deliberative process , the presiding officer will preserve decorum and conduct meetings in an ord erly manner. Members w ill remain attentive of the bus iness at hand and conduct themselves i n a manner that is civil , po li te and respectful. Members will refrain from unnecessarily in terru pting speakers and not engage in abusive conduct , personal charges or verbal attacks upon the characte r or mot ives of other Members, City staff and/or th e public. 4 .6 Attentiveness . Remain attentive at mee tings . Do not make or receive phone calls , text messages or e-ma il s from the dais. Place cell-phones and other communication devices in "off' or "silent" mode . Refrain from si de-bar conversations with other Members while at the da is. 5.0 Ethical Decision Making Memb ers will observe the highes t standards of ethical conduct in dealing with the commun ity and carrying ou t the ir official duties. In every action and decisio n, Members shou ld a vo id even the appearance of impropriety an d are stro ngly encouraged to apply the guidelines for "Ma king Ethica l Decisions" provided below : 5.1 Avoiding the Appearance of Improp riety . 5.1.1 Make Ethical Decisions. Members are referred to Append ix "B" (Gui d elin es fo r Making Ethical Decis ions ) for the process Members are en couraged to utilize in mak ing City re lated decisions. -2 - 5 .1.2 You May Need to Refrain From Participating. Conflict-of-interest issues are complex and opaque to the public. Some situations are not "legal" conflicts of interest, but may nevertheless pose the "appea rance of impropriety " to the public. In such situations , the Member should not participate in the matter. 5 .1.3 Smell Test. Do an ethical "smell check" or "gut check" regarding the matter. What is your conscience telling yo u? 5 .1.4 Get Help. To assist in making a decision not to participate , Members should consult the guide lines for Making Ethica l Deci sions (below), the City Attorney or the FPPC helpline , an d/o r thei r constituents. 5.2 Ethical Pr inc iples to Follow. 5.2.1 Be A Good Steward . Goo d stewa rdsh i p of the public 's interest must be the Member's primary concern . 5.2.2 The Common Good . Members will work fo r the common good of the citizens and not for any private gain , political advantage or personal intere st. 5.2 .3 Fairness and Equity . Members will treat all members of the public and issues before them in a fair and equitable manner. 5.2.4 Impartiality . Members w ill be independent of spec ial interes ts and impartial in decision making . 5.2.5 Avoid Personal Inte rests. Mem be rs are prohib ited from us ing their official pos itio ns to influence decisions in which they have a perso nal fin anc ial interest, are members of an interested organization , or have a personal relations hip that wou ld be affected . 5.2.6 No Personal Gain . Members shall not take advan tage of, o r use, public property and equipm e nt , public services, confident ia l public informa tion , public resources , or other opportu niti es afforded by the ir office , for perso nal gain . 5.2 . 7 City Stationery . City letterhea d or stationery or other City resources may not be used by Members to promote persona l int erest s. 5.2 .8 Appearing before Council . Memb ers shall not appear before the City Council or other Ci t y boa rd or commission repr ese nting any private interest or community group. Membe rs are permitted to speak as a member of th e pub li c o n a ny matter that affects them persona ll y, but may not part icipate i n the matter as a Member. 5.2 .9 Gifts . Members w ill refra in from accepting gifts, favor s or promises of future benefits that might co m promise their inde pend ence , or the appearance that they are independent and unb iased. 5.2.1 0 Campaign Contributions . Membe rs have a r ig ht to re ceive campa ign contr ibutions, as allowed by law , as part of runn ing for elected office. However, Members shall not participate in any City action (unless participation is legally required ) regarding any Contractor, Vendor or Deve loper f rom whom the Member has received a campaig n con t ributi on of $101 or more in the previous forty-e ight (48) months. For the pu r poses of this Secti on, "Contractor'' an d "Vendor" means any person or entit y who has an existing contract, ag reement, or othe r ar rangement to prov ide th e City with goods, services , or other items, or who has an inte res t in or expectation of obtaining such a con tra ct, ag reement or arrangement in the future . The terms "Contractor" and "Vendo r" -3 - include agents and representa tive s of the Con tractor or Vendo r, an d where the Contractor or Vendor is a bus iness entit y, includes all owners , principals, shareholders , partners (whe th er general or limited), members, officers , di rectors , and managers. For the purpo ses of this Sectio n, "Developer'' means any perso n or en t ity who is currently seeking , or who has an interest in or expectat ion of seeking from the City a Specific Plan , Zone Change , Developmen t Agreement, Density Bonus , Subd ivisio n Tract Map , or a Con ditio nal Use Permi t fo r a sensitive use (i.e . adu lt business , massage parlor, etc .), or an ind ustri al or commercial use ha ving a bu ilding area of 20,000 square feet or more. "Deve loper" in cludes agents and representatives of the Developer, and where the Developer is an business en tity, includes all ow ners , principals , shareholders, partners (whethe r general or li mited), members, officers , directors, and managers. 6.0 Efficiency and Accountability The City of Temple City operates under a co un ci l-manager form of government u nd er which the Counc il's ro le is to provide leg islative direction , set Ci ty policy and mon itor its implementation . The City Manager serves as the City's adm inistrat ive head and is responsible fo r directing the day-to-day ope rations of the City and for admin istering all City business . 6.1 Members Should No t In terfere with Ope ra tions . 6.1 .1 Basic Noninterference Rule : Th e basic non-interference rule is stated in Sect ion 609 of the C ity Charter: "No member of the city cou nci l shall interfere with the execu tion by t he city manger of his powers and d uties; nor shall any councilman direct th e city manger to appoint or remove any office r or employee of the ci ty. Excep t for the purpose of inqui ry, no counci lman shall deal wit h th e administrative se rv ices of c ity except by and through th e city manager; nor sha ll any councilman give any order or direction to any subordinate officer or employee of city . Thi s sect ion sha ll not apply during per iod of disaster proclaimed by the governor or city cou nci l, nor during such times as there shall be no council designed city ma nger actin g in that capacity." 6.1 .2 Implementing this Rule: a) St ay Out of Personnel Matters . Members will not interfere with the appointment, eva luation , discip lin e , or remova l by the City Manager of any Department Head or emp lo yee of the City . (i) Ex ception -City Attorney. The City Attorney is hired , appoin ted , evaluated , and removed d irectly by the Council. b) Comments about Ci ty Employees . Members may exp ress concerns about the behavior or work performance of City employees only privately to the City Manager. Members may not reprimand or c riticize employees directly. c) Orders and Direction to Employees . On ly the City Manager may give orders and direction to Ci t y employees. Members may no t d irect the work or actions of City emp loyees . (i) Requests for Information . Al l Members will direct requests for information , research, or reports to the City Manager and appl icable Department Head or their designee, and not to C ity Employees . If there is a legal question it shou ld be directed to the City Attorney. Quest ions -4 - regarding elections and disclosu re statements may be addressed to the City Clerk. (ii) Responses. Responses to Member substantive information inquiries wil l be provided to al l Members of the same category (e .g. a response to a request by a Councilmember will be prov ided to all Councilmembers). (ii i) Notifications . Where the City Manager o r Department Head provides general facts or information abou t the City , a program , or a City event to one Membe r , it should be provided to all Memb ers of th e same category. d) Staff Liaisons to City Commissions I Committees and Outside Agencies. Members serving as th e Ci ty 's representative to a City Commission o r Committee or to an outside agency may interact directly with the City employee ass igned to that effort by the City Manager. e) Operat ions an d Service Leve ls. Cr iticis ms of City ope ratio ns and service levels may be made only to the City Manager and not to City employees or Department Heads , unless first clea red th roug h the Ci ty Manager or expressed in general during a regular Co un cil, board o r comm ission meeting . f) Po litica l Solicitation & Activities . Members will not solicit political support from City employees (e.g., financial contributio ns, display of posters or lawn signs, name on suppo rt li st , etc.). Members wi ll not engage in political activities at City Hall or other City facilitie s. This provision is not intended to impair the free exercise of federa l and state co nstitutio nal and statutory rights by City employees . 6 .2 In te raction of Members. 6.2.1 Positions of Mayor and Chairman. a) Honorary Presiding Officer. The positio ns of Mayor and Mayor Pro Tempore on the City Council (created under Section 601 of the Ci ty's Charter) and th e positions of cha irman and vice chairma n on City boards and commissio ns are genera lly considere d honorary an d ceremo nial , but a lso serve an impo rtant procedural role as th e presiding officer at meetings of their body. Persons appointed to those pos ition s by a majo rity of their co unci l, board or commission serve at the pleasure of thei r appointing body. b) Mai ntain Order, Decorum & Proced ure. The Ma yo r and Chairman are responsible for mai nta ining order and decorum of their body 's meetings a nd enforcing the City's decorum ru les whe re necessary. They are responsible for th e o rde r of busi ne ss at meetings, the efficien t flow of business during meetings, and f or preserv ing the ri ght of the public to be heard in an orderly fashion . c) Ceremonial Head. The Mayor is the ce remonia l head of the City and sig ns all proclamations, officiates at al l City functio ns, and welcomes visiting dignita r ies. d) Spokesperson. The Mayor is the officia l spokesperso n for the City and has the lead responsib ili ty for communications with the press and public on official City busin ess. The Mayor will work on press re leases and statements to the press with th e City Manager and will report th e majority positio n adopted by the Co unci l, and not his or her personal opi nio n on matters. - 5 - 6 .2.2 At Public Meetings a) Follow Rules of Order. Decorum and Procedure. Members will adhere to the rules of order, decorum and procedure for the conduct of publ ic meetings adopted by the City Council from time to time. Abiding by these rules will maintain civ ility an d the orderly conduct of business. b) Keep Conduct Professional. Members will conduct themselves in an orderly, professional , and bus in ess-like manner to ensure that th e bus iness of the City shall be attended to efficie ntly and thorou g hly. c) Professional Attire. M embe rs should wear professional an d bus iness-like attire at public meetings . Th e Ma yo r or Chai rman may allow business casual attire during the summer or for special events or occasions. d) Keep Comments O n-Topic. Public meetings are to atten d to and resolve City busines s. Members will avoid being overly repet itious and will endeavor to limit their comments to the subject matter at hand . Members are encouraged to fully express their views and to explore the views of others, but Members should also be mindful of avoiding lengthy or unproductive debates. e) Ask Questions in Advance . When preparing for public meetings , Members are encouraged to provide their questions far enough in advance to the C ity Manager or City employee responsible for the meeting so that meanin gful in formatio n and responses ca n be shared at the meeting . 6 .2.3 Relations with Fe llow Members a) Civi lity. Members should always practice c ivil ity . By doing so you help the City to fu lfi ll its potential by putting the common good ahead of persona l rivalries or irritations . Civi lity is best fo stered by a collective com mitmen t to fo llowing established rules of procedure . b) Team Spirit. Members will foster a co lleg iate or team oriented environmen t among themselves. c) Ret reats . Goa l Setting and Training . To encourage a strong working relationship and communicati on , Members should have at least one r etreat , goal setting session , and/or group tra in ing session each year. d) Different Poin ts of Vi ew . Members will exercise to lerance fo r the differen t opinion s, perspectives, and po ints of view of the ir colleagu es and will recognize their righ t to exp ress these views on matters of C ity business w ithin the established rules of de corum and o rder of bu siness . e) Managing Conflict. Members will manage disagreement with civil ity and professionalism and wi ll not allow disagreem ent to tu rn into open con fli ct or hostility. Members will refrain from abusive conduct , personal charges or verbal attacks upon the characte r or motives of other Membe rs , Ci ty employees and /or members of the pub lic. 6 .2.4 Public Communication and Appearanc e a) Pe rsona l versus C ity Positions. It is an important part of each Member's responsibility to comm un icate with the public. In co mmunications regard i ng City -6 - 7.0 Enforcement business , it is important to distinguish a Me mber's personal views and opi nio ns and the adopted City pos ition . When appearing before another governmental agen cy or organizatio n, the Member should clearly set fort h the City 's official position , and then may express their own position . (i) Exp ressing Dissent. Each Member has a rig ht under the First Amendmen t to express their views and opinions , even if contrary to the official posi t io n of the City . Ho wever , Membe rs will express their dissenting views with tact and civili ty. b) Use of Official T itles . Members may use their officia l title on ly when conduc ting official City business, for informationa l purposes , or as an indica tion of ba ckground and expertise , after having carefully considered whether they are exceeding or appeari ng to exceed their authority . c) Response to Publ ic Communication . Members a re enco uraged to respond prompt ly to letters , telephone calls an d oth er communications rece ived from member of the Public who have requested a response . Membe rs are not required to respond to commercial solicitations or to anonymous , ob no xious or harassing commu nications. 7.1 Member Responsibility. Upon assuming office each Member shall sign a statement affirming that they have been provided with and will read these Protocols. Each Member is responsible for adherin g to these Protoco ls as well as the laws that com prise the basic lega l framework for local government discussed in th e first part of the Protocols . 7.2 Coun ci l Author ity . T he City Council has author ity , but not the legal obligation, to monitor each Member's adhe rence to these Protocols and to take co rrective action for viol at ions, as provided below. 7.2 .1 Training and Education. Th e City Council will sponsor pe r iodic training opportunit ies fo r Members to become more familiar with t he Protocols and the legal framework (S ee Appendix "A"). 7.2 .2 Councilmembers. Un de r Ca liforn ia law, t he Co un ci l does not have th e legal authority to r emove Members elected or appo inted to the City Council or to oth erwise deprive them of the i r office . However, as provided in Section 7.4 , a majority of the Councilmembers may rem ove a Councilmember from all Council hono rary and/or ceremonial pos itions and ad- hoc a nd stand ing committee s, as well as from positions with oth er governmental age ncies or oth er or gan iza tions th ey hold by virtue of appo intment by the City Council. 7 . 3 Violation of Oath of Office. 7.3 .1 Oath of Office. All Members take an oath upon assum ing office, ple dging to uphold the constitution and laws of the City, the State an d th e Federa l government. In ad dition, Members commit to disclos in g to the appropriate authorities an d/o r to the City Council any behavior or activity tha t may qualify as co rruption , abuse , fraud , bribery or other vio latio n of the law. 7.4 Violation of Protocol s. 7.4 .1 Complaint. Where any Mem ber, Counci lmembe r, City employee, or resident of the City has substantial ev idence tha t a Mem ber has mate rially violated these Protocols or their Oath of Office , they may file a written statement with the City Clerk who will then provide -7 - it to the City Ma nage r and City Attorney and the affected Member. The name of the comp lai na nt shall initially be redacted and kept confidential and not disclosed until it has been determ ine d as provided in Section 7.4 .2 that there is substa nt ial evidence that the Membe r has materially vio lated the Protocols. 7.4 .2 Investigation . Upon receipt of a Compla int as prov ided in Section 7.4 .1, or upon the direction of the City Cou ncil, the C ity Manager and City Attorney shall investigate and report, wi thin not more than th irty (30) days, as to whether there is substantial evidence in support of an allegation tha t a Member has materially violated these Protoco ls or the Oath of Offi ce . If th e Ci ty Mang er and Ci ty Attorney co nclude that there is not substa nti a l evidence to support an alleged violatio n or that the vio lation was not material they shall so report to the Counc il and the matter sha ll be deemed dismissed unless the Council d irec ts that a publ ic meeting be held pursuant to Sec tio n 7.4 .3. If the City Manager and City Attorney conclude that there is substantial ev id ence to support an alleged materi al violat ion of th e Protocols or Oath of office they shall , issue a report to the City Council and the Membe r. The affected Memb er shall have 30 days to provide any written comments or evi dence to the City Manager, City Attorney and City Council in response to the report . 7.4 .3 Enforcement. T he City Counci l shall enfo rce these protocols against Membe rs depe nding upon the exte nt and se verity of the violation by means of either (i) a warn ing (ii) a written reprimand; (i ii ) cen sure ; or (iv) remova l from office . The following procedu re shall be utilized : a) Re ceipt of Report. Up on receipt of t he Report , the Counci l will hold a publ ic meeting at whic h it w ill determ ine whethe r the co mpla in t should be dismisse d , a warning should be iss ued , a wr itten reprimand should be iss ued , ce nsure issued , or the Member (only if not a Councilmembe r) should be removed from th ei r office. In the event the Council determines that it appears that anyth i ng othe r th an a dism issal or warning is appropriate, it shall set a public hearing to be held within 30 days and pro vide wr itten notice and opportunity to be hea rd to the affected member. b) Dismissal. Where the Council , based on the Report and any statement from the affected Member, de te rm ines that it is clea r that no violation occurred or that only a trivi al or de m inimu s violation occurred, or that the compl aint was motivated by revenge o r other improper motives , the Council may dismiss th e complaint. c) Warning . Where the Coun cil , based o n th e Report and any statement from the affected Membe r , determines that there is some evidence that only a minor vio latio n or a questio nab le practice has occurred , the Council may issue a wr itte n warning to the affected Member specifying th e violati on(s) and requesting corrective action . d) Reprimand. Where the Coun cil , based on the Report , any statement from the affected Member, and other evidence accepted , determin es that there is s ubs ta ntial evide nce th at th e Member has materiall y v io lated one or more provisio ns of the Pro tocols , the Council may adopt a resolu tion reprimandi ng t he affected Member for their conduct , stati ng that any violations shall cease , and request ing corrective action . The affected Member may file a rebuttal to the Re primand with the City Cler k which wil l become a matter of publ ic record . e) Cen su re . Where the Council, based o n the Report, any statement from th e affected Member, and other evidence accepted at a public hearing of the matter, determines that there is substantial evidence that the Memb er has materially violated one or more provi sions of these Pr otocols , and that such v iolation(s) - 8 - imp ugn the integ rit y or dignity of the City or that suc h violatio ns are egregious or chronic in nature , the n the Council may adopt a resolutio n ce nsur ing the affecting member by condem ning their actions , removing the Membe r f rom all appointive positions rep resen t ing the City in front of othe r gove rn ments and age ncies , demotin g them if they hold a posi tio n of mayor, mayo r pro tempore , chairma n or vice chairman , sta tin g t hat the violations shall cease , and demanding corrective actions . The affected Member may file a rebutta l to the Ce nsure w ith the City Cl erk whic h will beco me a matter of public record . f) Removal from Office . Notwithstanding any of the provisions in this Section 7.0 , th e City Council ma y remove any commissioner or board me m ber appointed by th e C ity Counc il at its pleasure , and not hing in these Pr otocols effects or diminishes such power nor vests such commiss io ners or board members wit h any additional righ ts , including , withou t limitation , rights of procedural due pro cessio n. -9 - APPENDIX A-LEGAL FRAMEWORK & RESOURCES 1.0 l eg al Framework Law or Regulations California Laws Cal ifornia Constitutions General City Authority Ra lph M . Brown Act Open Meeting Laws California Public Records Act Public Records Disclosure Cal ifornia Polit ical Reform Act Conflicts, Disclosu res & Campaigns FPPC Regulations Conflicts, Disclosu res & Campaigns Legally Required Participation California Anti-Self Dealin g Law Self Interest in Co ntracts California I ncompatibili ty of Office Law Holding Two Public Offices Temple City Documents City's Charter City Municipal Code City Council Rules of O rd e r and P rotocols Rei m bursement Policy 2.0 Onl ine Resources Resource State of California Portal to State Websites Official Cal Legislative Information California Bills & Codes Online Cal. Fair Political Practice Commission Conflict of Interest Info C itation Article X I §§ 2 , 5 , 7 , & 11. Government Code §§ 54950 et seq . Government Code §§ 6250 et seq . Government Code§§ 81000 et seq . 2 Cal. Code Regs.§§ 18109 et seq . 2 Cal. Code Regs. §18708 Government Code§§ 1090 et seq ., Government Code § 1126 & § 1 099 Articles I through XII Title 2 "Administration "§§ 2100 et seq . Resolution 1 0-4695 Policy No. 3 .02 Web Address www.ca .gov/index.asp www.leginfo.gov www.ca.fppc -l - Cal. Attorney General See AG Opinions Cal. Senate Bill Information Online Ca l. Secretary of State Election Inform a tion LA County Registrar of Vot ers-R ecorder Election Informa tion League of California Cities Municipal resour ces Institute fo r Loca l Government Municipal resource s Cal. Joint Powers I nsurance Authority Risk Manageme nt & Training Marr kula Institute fo r Applied Ethics Ethical Decision Making Institute for Local Self Government Government Ethics www.ag.c a .gov www.sena te .c a .gov www.sos.c a .gov www .lavote. net www. c ac it ies. o rg www.c a-i lg .org www.cjpia .gov www.scu.e du/ethics/prac ticing /decisio n www.ilsg.o rg -2- APPENDIX B-GUIDELINES FOR MAKING ETHICAL DECISIONS [Pleas e visit the Markkula Center for Applied Ethics at the University of Santa Clara] How to Make an Ethical Decision . Whe n presented with an opportuni ty to participate in maki ng a decisio n for the City , the City Official should : A. Recognize whe ther an ethical issue is involved . 1. W il l the decision resu lt in damage or injury to people? 2 . Is there a clear good or bad result? 3. Is t he result compelled under the law or does it hinge on budgetary, effic ien cy , or other community concerns? 4 . Et hical decisions are often not the easiest decision nor the most popular. B. Get the facts . 1. Rea d the staff repo rt and get questi ons answe red by t he City Manager in advance . 2. Are there alternatives t hat would lead to better or worse results? 3. What are the viewpo int s of the stake ho ld ers? Are some more important than ot hers? 4 . Ar e there any unan tici pated consequences? C. Evaluate alternative actions. Which option will: 1. Produce the most good and do the least harm ? (See The Markku la Center's Utili ty Test.) a. Identify the alternative actions th at are possible and the persons an d groups (the stakeho lders) who will be affected by these actions. b. Fo r each of th e most promising a ltern atives , determ in e the benefits and costs to each person or group affected . c. Se lect the ac t io n i n the curren t si tua tion tha t p roduces the greatest benefits over costs for all affected. d . Ask what woul d happen if the act ion were a policy for all similar situations. 2 . Best respect the rig hts of all who have a stake? (See The Markkula Center's Rig hts Test.) a . Identify the right being upheld or violated. b. Expla in why it deserves the status of a r ight. -l - c. A sk whether t hat right conflicts with the rights of othe rs. 3. Treat people equa ll y or proport ion ately? (Se e T he Markku la Center's Ju st ice T est.) a. What is the distribution of benefits and burdens? Is the distribution fair? b. If disagree me nt pe rs is ts ove r which outcome is fai r, select a fair process to decide the issue. 4. Bes t serve the community as a w hole? (See T he Markkula Cen ter's Common Good T est.) a. Identify w hat parts of the common good are involve d. b. Expla in obliga t io ns to promote or protect the common good . c. Discern whet her th e proposed action conflicts with an obligation to promote or protect the common good. 5. Lead the C ity Offic ial to act as the sort of person or officia l as they wan t to be? (See Th e Markkula Center's Virtue T est.) a. Will the actio n help to make you the kind of person you want to be? b. Will the action fit the City 's repu tation or vision of what it would lik e to be? c. Will the action maintain the right ba lance between excellence and success for th e City ? D . Make a decision and test it. 1. Whi ch approach best su it s the situation and arrives at the most ethical decision? 2. W hich option is like ly to be most respected by the Member's colleagues and constituents? E. Act and re f lect o n the outcome. 1. How can the decision be implemented to best reflect the intention and reasons for th e decisio n? 2 . What was the end res ult of the decis ion and what feedback has the C ity Official received? -2-