2015-013 - Rescinding Public Access to Council Decision Making, Appointments & Memberships & Americans With Disabilities Notice on Agendas PoliciesRESOLUTION 2015 -013
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
RESCINDING THE PUBLIC ACCESS TO COUNCIL DECISION MAKING,
APPOINTMENTS AND MEMBERSHIPS, AND AMERICANS WITH DISABILITIES
NOTICE ON TOWN AGENDAS COUNCIL POLICIES
WHEREAS, the Town Council is responsible for establishing municipal policies that
provide clear direction for process and procedures by which the Council and staff shall conduct
business and activities; and
WHEREAS, examples of these policies include the Town Code, Town Council Policies,
General Plan, Design Guidelines, and Area Plans; and
WHEREAS, the many benefits of having established policies includes greater
consistency as well as more government transparency and accessibility by the public, the Council
and staff; and
WHEREAS, the Policy Committee reviewed three Council Policies recommended for
rescission at its February 11, 2015 meeting: Public Access to Council Decision Making;
Appointments and Memberships; and American with Disabilities Notice on Town Agenda; and
WHEREAS, these Council Policies have been deemed obsolete, redundant and/or
incorporated into other existing Council Policies.
NOW, THEREFORE, BE IT RESOLVED THAT, the Town Council of the TOWN
OF LOS GATOS does hereby rescind the Public Access to Council Decision Making;
Appointments and Memberships, and American with Disabilities Notice on Town Agenda
Council Policies attached hereto as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California on the 3`d day of March, 2015 by the following vote:
COUNCIL MEMBERS:
AYES: Steve Leonardis, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
t\Q�
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS; CALIFORNIA
COUNCIL POLICY
TOWN OF LOS GATOS
Subject: Public Access to Council Enabling
Decision Making Page 1 of 1 Action: Town Council Action
5/18/92
Ap Effective Revised
Date: 5/18/92 Date:
PURPOSE
To establish procedures which insure that the public has access to Council decision making.
POLICY
The following policies are established:
1. At the first Council meeting following any Closed Session, the Town Attorney will
report on the Closed Session describing what occurred, but without reporting any
information which could damage the Towrf s position on a) potential or existing
litigation, b) the acquisition or disposition of property, c) any employee's privacy
interests. In addition, the Closed Session agenda will clearly identify the subject of
each agenda item.
2. Notice of any meeting of a formally appointed Committee where two Council
Members could be present shall be posted at least 24 hours in advance of any such
meeting with a note as to the time and location and an invitation to the public to
attend.
3. An elected official has the right to meet with constituents and discuss their issues. He
or she also has the right to confer with a colleague about public business. However,
a public official may not interact directly or indirectly with a quorum of the Council
on Town business outside the context of a public meeting. This means that two
Council Members can speak with each other about an item. However, one Council
member cannot interact with two other Council Members on an item without violating
the Brown Act. In addition, Council Members shall refrain from discussions with third
parties where that discussion involves how other Council Members may vote on
Council business. There may be nothing improper or unethical about the substance
of a serial meeting. The problem is the process itself, which deprives the public of the
opportunity to contribute to the decision making process.
4. Council meetings outside of the Town limits are prohibited.
5. Council Members may not sit on Boards of Directors of non -profit organizations which
receive funding or in -kind contributions from the Town.
APPROVED AS ORM:
Ka Brine Anderton, Town Attorney DWK:pm
EXHIBIT A
MGRO44 AATCPOLIMPOLICY4
TOWN OF LOS GATOS
OFFICE OF THE TOWN CLERK
COUNCIL POLICY
PUBLIC ACCESS TO COUNCIL DECISION MAKING
TOWN COUNCIL ACTION 5/18/1992
ALL ELECTED TOWN COUNCIL MEMBERS ARE REQUIRED TO SIGN THIS DOCUMENT PRIOR TO TAKING THE OATH OF OFFICE
AND YEARLY, THEREAFTER, ON JANUARY 15TH, AS EVIDENCE THAT THEY HAVE READ AND UNDERSTAND THE POLICY
REGARDING 'PUBLIC ACCESS TO COUNCIL DECISION MAKING'
To establish procedures which insure that the public has access to Council decision making.
POLICY
The following policies are established:
1. At the first Council meeting following any Closed Session, the Town Attorney will
report on the Closed Session describing what occurred, but without reporting any
information which could damage the Town's position on a) potential or existing
litigation, b) the acquisition or disposition of property, c) any employee's privacy
interests. In addition, the Closed Session agenda will clearly identify the subject of
each agenda item
2. Notice of any meeting of a formally appointed Committee where two Council
Members could be present shall be posted at least 24 hours in advance of any such
meeting with a note as to the time and location and an invitation to the public to
attend.
3. An elected official has the right to meet with constituents and discuss their issues.
He or she also has the right to confer with a colleague about public business.
However, a public official may not interact directly or indirectly with a quorum of
the Council on Town business outside the context of a public meeting. This means
that two Council Members can speak with each other about an item However, on
Council Member cannot interact with two other Council Members on an item
without violating the Brown Act. In addition, Council Members shall refrain from
discussions with third parties where that discussion involves how other Council
Members may vote on Council business. There may be nothing improper or
unethical about the substance of a serial meeting. The problem is the process itself,
which deprives the public of the opportunity to contribute to the decision making
process.
4. Council meetings, outside of the Town limits, are prohibited.
5. Council Members may not sit on Boards of Directors of non - profit organizations
which receive funding or in -kind contributions from the Town.
Signature of Council Member
clk:o10 \0ther \policy
Date
May 18, 1992
Los Gatos, California
MEETINGS /OPEN AND PUBLIC/TOWN POLICY (30.10)
Mr. Blanton gave a synopsis of the committee report and the recommendations which were submitted
by himself and Mr. Ventura.
Town Attorney, Kate Anderton, explained the contrast between a semi adjudicatory decisions and
legislative decisions that the Council addresses.
Mayor Carlson and Council Member Ventura indicated that a statement was needed on. the policy that
says that the Council will not participate in discussions with a third party.
By consensus, Mayor Carlson added to Item number three (3) of the policy "in addition.... Council
Members shall refrain from discussions with third parties if that discussion involves representation of
votes of how one or more Council Members may vote.
Mrs. Benjamin indicated; her concerns about sitting on non profit organization Board of Directors and
stated that policy has been that it would be a conflict of interest.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that item number five be added to the Policy
Statement to read: "Council Members may not sit on Boards of Directors of non profit organizations
which receive funding or in kind contributions from the Town." Carried unanimously.
Mayor Carlson suggested that each year Council Member sign the Policy Statement, like they do the
FPPC Conflict of Interest Statements which will help them be more aware of the Brown Act.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Town Council Policy
on public access to Council decision making with the addition ofitem five and item number three slightly
amended. The written policies to be handed out to each Council Member once a year at the start of each
year and to be given to new Council Members upon taken the oath. Carved unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, to send a letter, under the Mayor's signature to
send a letter to the State Legislature informing them of our policy. Carried unanimously.
ADJOURNMENT
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adjourn this evening's meeting at
11:27 p.m. Carried unanimously.
AT�TI/ESST:
MarLyn I Ras ssen
Senior Deputy Clerk
TCM:NU051892 I I
COUNCIL POLICY
TOWN OF LOS GATOS
Subject: Appointments and Enabling
Memberships Page 1 of 1 Actions: Town Council on
6/15/92
A�p�o Effective Revised
7 Q _ Date: 6/15/92 Date:
Purpose
To set out the process for:
1) Appointing citizens to boards, commissions and committees.
2) Appointing Council Members to various boards, commissions and committees.
3) Council membership on non -profit boards of directors.
Policy
A. Appointing citizens to boards, commissions and committees:
1. After interview in public session, Town Council shall appoint citizens to all boards,
commissions and committees which are established by Town ordinance or
resolution.
2. The Mayor may appoint citizens to such committees not established by ordinance
or resolution as s /he deems appropriate.
B. The Mayor shall appoint Council Members to sit on various regional and inter-
governmental boards, commission and committees. Normally this will be done at a
Council meeting in December of each year.
C. Council Members may not sit on boards of directors of non -profit organizations which
receive funding or in -kind contributions from the Town.
APPROVED AS TO FORM: /-
Tod� Attorney
MGRO44 AATCPOLIMPOLICY2
ADMINISTRATIVE MANUAL
TOWN OF LOS GATOS
Subject: Americans with Disabilities
Notice on Town Agendas
Approved:
Page: I of I Section Number:
Effective Date: 8/2/94 Revised Date:
To provide access to public meetings of the Town.
SCOPE
This policy applies to all Town boards, commissions or committees.
POLICY
As part of the requirements under the Americans with Disabilities Act, we are required to
provide notice of whom to contact in advance of the meeting for assistance to disabled
individuals who might wish to participate. This is particularly important because some of
our meeting locations may not be readily accessible to disabled persons.
Therefore, the following notice will be provided in at least one location on each Town
agendas for boards, commission or committees:
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the
Department, at (408) . Arot fication 48 hours before
the meeting will enable the Town to make reasonable arrangements to
ensure accessibility to this meeting. [28 CFR § 35.101 - 35.104]
APPROVED AS TO FORM:
wn Attorney
ADMINMANOI A:WDMINMAMADANOTIC.AGN
DATE: August 2, 1994
TO: Town Manager
Town Clerk
Department Heads
FROM: Larry E. Anderson,
MEMORANDUM
Town Attorney
SUBJECT: Americans with Disabilities Notice on Agendas
As part of our obligation to provide access to public meetings of the Town, we
are required to provide notice of whom to contact in advance of the meeting for
assistance to disabled individuals who might wish to participate. This is particularly
important because some of our meeting locations may not be readily accessible to
disabled persons.
Therefore, please provide the following notice in at least one location on each of
your agendas for boards, commissions, or committees:
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the
(408) . Notification 48 hours before
the meeting will enable the Town to make reasonable arrangements to ensure
accessibility to this meeting. [28 CFR § 35,102- 35.104].
Please call if you have any questions.
TOWN OF LOS GATOS
TOWN COUNCIL/PARKING AUTHORITY/
REDEVELOPMENT AGENCY AGENDA
110 EAST MAIN STREET - COUNCIL CHAMBERS (DOWNSTAIRS)
SEPTEMBER 6 (TUESDAY), 1994
730 PM INTERVIEWS
Arts Commission (_)
Board of Appeals (_)
Personnel Board (_)
7:45 PM MEETING CALLED TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
APPOINTMENTS
Arts Commission
Board of Appeals
Personnel Board I
Note: T{ wn of Loses ,sr= adop jffi visions of Code of Civil Procedure § 1094.6;
litton.halletrgecision o Down Council must be brought within 90 days
affe�ec�tsion is aot�ttic? d unless a shorter time is required by State or Federal law.
rl In compGatifh' the Americans with Disabilities Act, if you need special
assisrancetpaticipate in this meeting, please contact Patsy Madrid
(408) 354 -68 Notification 48 hours before the meeting will enable the Town to
make asonable arrangements to ensure accessibility to this meeting.
MGR069 \TCAGENDA \MCA Page 1 of _