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14 Staff Report.Commission Events Policy and Commission Budget Policy with attachments PREPARED BY: Katy Nomura Interim Town Manager Reviewed by: Interim Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 09/17/2024 ITEM NO: 14 DATE: September 12, 2024 TO: Mayor and Town Council FROM: Katy Nomura, Interim Town Manager SUBJECT: Adopt a Commission Events Policy and Revised Town Council Policy 5-03 “Commission Budgets” RECOMMENDATION: Adopt a Commission Events Policy (Attachment 1) and revised Town Council Policy 5-03 “Commission Budgets” (Attachment 2). BACKGROUND: In an effort to provide consistent guidance to Commissions regarding events and to ensure the appropriate use of staff resources, the Policy Committee considered a potential Commission Events Policy at its June 25, 2024 meeting. The Committee discussed that Commissions should be encouraged to have self-sufficient tabling at existing Town events, rather than separate events, to minimize the use of staff resources. The Committee also discussed a requirement that if a Commission wanted to hold a unique event, as an exception and not the norm, the Commission would submit a recommendation to the Town Council for consideration and approval. It was suggested that if staff support was necessary, that it should not be on the weekends. The draft Commission Events Policy (Policy) in Attachment 1 includes these elements and was considered by the Committee at its August 27, 2024 meeting. Additional background can be found in the staff report provided at that meeting for Item 2.1 1 August 27, 2024 Policy Committee Staff Report Regarding Draft Commission Events Policy: https://mccmeetingspublic.blob.core.usgovcloudapi.net/losgatos-meet- e87cc1ca17cb426e9eef752c7ed5a5c0/ITEM-Attachment-003-1f75387fb2e74caaa8a774171eea8019.pdf August 27, 2024 Policy Committee Agenda: https://meetings.municode.com/adaHtmlDocument/index?cc=LOSGATOS&me=e87cc1ca17cb426e9eef752c7ed5a 5c0&ip=True PAGE 2 OF 2 SUBJECT: Commission Events Policy and Commission Budget Policy DATE: September 12, 2024 DISCUSSION: On August 27, 2024, the Policy Committee recommended that the proposed Commission Events Policy (Attachment 1) be brought to the Town Council for consideration and approval. The Committee also recommended that amendments to the Town Council Policy 5-03 “Commission Budgets” be considered to ensure both policies are aligned. The proposed amendments to the Commission Budgets Policy broaden appropriate uses of a Commission’s Budget to include purchasing giveaway items for any event authorized under the Commission Events Policy and hosting Town Council approved Commission Events in accordance with the Commission Events Policy. ALTERNATIVES: 1. Council may direct staff to make specific changes to either policy. 2. Council may take no action. CONCLUSION: Staff recommends adopting the proposed Commission Events Policy (Attachment 1) and the revised Commission Budgets Policy 5-03 (Attachment 2). FISCAL IMPACT: Adopting a consistent Commission Events Policy and corresponding edits to the Commission Budgets Policy will help ensure that Town funds and staffing are used appropriately and towards Town Council directed objectives. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachments: 1. Proposed Commission Events Policy 2. Proposed Amendments to Town Council Policy 5-03 “Commission Budgets” (Redline) ATTACHMENT 1 COUNCIL POLICY MANUAL TITLE: COMMISSION EVENTS POLICY NUMBER: EFFECTIVE DATE: PAGES: 3 ENABLING ACTIONS: REVISED DATES: APPROVED: I. PURPOSE: The Town Boards, Commissions, and/or Committees (hereafter, Commissions) may have interest in engaging the public through community events. This Policy sets forth the criteria for Commission participation in events and the use of Town resources for such activities. For the purposes of this Policy, participation in events refers to serving in a formal Town Commission role in an event for purposes of engaging the attendees and does not refer to simply attending an event. This Policy pertains to a Commission’s participation in events in its official capacity and does not apply when a Commissioner is not acting in their official capacity. This Policy works in concert with the Town’s Purchasing Policy and other policies and procedures. II. COMMISSION EVENTS A. Applicability a. The following sections of this Policy will apply to all Commissions with the exception of the Youth Commission. In the Youth Commission’s enabling resolution, one of its duties is to hold forums. In addition, youth may not be able to operate as independently as adult Commissioners and different considerations may need to be made for safety and successful event participation. Due to this specific duty and the additional considerations for participating youth, Youth Commission events may occur with the approval of the Police Chief to ensure adequate consideration of budget, safety, liability, logistics, and staffing resources, unless otherwise requested by the Town Council. B. General Guidelines: a. A Commission’s participation in an event must directly relate to its enabling resolution and be within the scope of the Commission. Small Town Service Community Stewardship Future Focus TITLE: Commission Events PAGE: 2 of 3 POLICY NUMBER: b. Participation and activities must be appropriate for the type of event and provide meaningful interaction with the event attendees. c. Commissions may not participate in events that are: i. Related to lobbying or for endorsing political candidates or parties; or ii. Expressly in opposition to the Town’s Vision Statement, Guiding Principles, and Core Values. d. A Commission’s budget must be used to fund any necessary expenditures for a Commission event and must be done in accordance with Council Policies 5-03, “Commission Budgets” and 4-06 “Purchasing Policy.” Any additional funds require Council approval and allocation. e. Commissioners are responsible for preparing for and staffing their portion of any event and Town staff is not expected to participate. Exceptions may be made by the Town Council when the use of staff time has been considered and approved by Town Council; exceptions may only be granted if staffing resources are available, budget is available to cover any necessary overtime, and the event is approved by the Town Council and is found to be in compliance with this Policy. C. Guidelines Specific to the Type of Event: a. Commission Participation at Existing Town Hosted Events: i. Existing Town Hosted Events are events hosted by the Town that are already part of a Town Department’s planned work, independent of Commission interest in the event. These events could include annual Town events (e.g. Spring into Green), public meetings, workshops, or similar activities. ii. Where there is a nexus between the work of a Commission and the intent of an event, or the Commission can provide an activity that creates this nexus, staff may invite Commissions to participate in an event and will provide guidance on how Commissions may participate, should they choose to do so. The guidance will be designed to ensure the success of the event for both Commissioners and staff and will vary depending on the nature of each event. If the provided guidance is followed, no additional Town Council approval is required for Commissioners to participate, unless otherwise requested by Town Council. iii. Not all Town Hosted Events are suitable for Commission participation due to limitations including timing, logistics, space requirements, event intent, and staff bandwidth. Staff will strive to provide Commissions opportunities to participate in Existing Town Hosted Events to the extent reasonably practicable and appropriate. b. Commission Participation at an Externally Hosted Event: i. Externally Hosted Events are events hosted by entities other than the Town and not hosted by a Town Commission. For example, these events may be TITLE: Commission Events PAGE: 3 of 3 POLICY NUMBER: implemented by non-profits, businesses, community groups, and other community and neighborhood stakeholders. ii. In their official capacity, Commissions may only participate in Externally Hosted Events that: a. Serve a public benefit or purpose in alignment with the Commission’s purpose as stated in the enabling resolution. b. Are hosted by a non-profit organization, government organization, or official Town partner; c. Are located in the Town of Los Gatos or targeted for the Los Gatos community; and d. Are free to attendees. iii. If these provisions and the General Guidelines are met, no additional Town Council approval is required for Commissioners to participate, unless otherwise requested by Town Council. Exceptions to these provisions require Town Council approval. c. Commission Hosted Events: i. Commission Hosted Events are events hosted, funded, and implemented by the Commission. ii. Commissions are advisory bodies to Council and do not typically host or produce events, unless requested by Town Council. Therefore, Commissions are encouraged to participate in existing Town Hosted or Externally Hosted Events as outlined above, rather than hold Commission Hosted Events. If no Town Hosted or Externally Hosted Event exists, alternatives could be for an appropriate non- profit to develop an Externally Hosted Event or to pursue the event outside of the Commission’s or Commissioner’s official capacity. iii. In the rare instance a Commission is interested in holding a Commission Hosted Event, the Commission should make a recommendation to the Town Council for its consideration. iv. All Commission Hosted Events require Town Council approval prior to implementation to ensure adequate staff and financial resources are available, alignment with Town Council priorities, and consideration of liability and logistics. If staff attendance is necessary, events past 8:00 p.m. or on weekends should be avoided whenever possible and staff availability should be taken into account when planning the date and time. APPROVED AS TO FORM: Gabrielle Whelan, Town Attorney COUNCIL POLICY MANUAL TITLE: COMMISSION BUDGETS POLICY NUMBER: 5-03 EFFECTIVE DATE: 04/17/2024 PAGES: 2 ENABLING ACTIONS: REVISED DATES: APPROVED: I.PURPOSE: The Town Council may allocate funding to Town Boards, Commissions, and/or Committees (hereafter, Commissions) for the purpose of communicating the work of the Commission to the Los Gatos community. This Policy sets forth the criteria for the use of these funds, should they be allocated. This Policy works in concert with the Town’s Purchasing Policy and other procedures. II.USE OF COMMISSION BUDGET A.Appropriate Uses: Appropriate uses of a Commission’s budget, include: 1. Purchasing supplies and materials for Commission activities 2. Printing flyers or other materials for distribution to the community 3. Purchasing give away items at Town events (e.g., the Youth Commission giving away succulents at Spring into Green) or events as authorized by the Commission Events Policy 4. Paying for the registration for a table or booth at a non-Town event in conformance with State law 5. Attending relevant workshops (registration only) 6.Hosting a Town Council approved “Commission Hosted Event” in accordance with the Commission Events Policy and the Town’s Purchasing Policy B.Inappropriate Uses: Inappropriate uses of a Commission’s budget, include: 1. Hiring a vendor to perform services 2. Paying Town employees or other individuals 3. Granting or donating funds to a third-party organization(s), including being a sponsor or financially supporting a third-party organization’s activities and/or events Small Town Service Community Stewardship Future Focus ATTACHMENT 2 TITLE: Commission Budgets PAGE: 2 of 2 POLICY NUMBER: 5-03 C. Modification of Appropriate Uses: Should a Commission identify a new use for its Town funds, this Policy must be updated by the Town Council. III. PROCEDURE FOR EXPENDITURES A. Prior to Expenditure: Prior to any expenditure that is an appropriate use, the following procedure must be followed: 1. The request for use of the Commission’s budget must be agendized for Commission consideration. 2. The staff liaison to the Commission would verify that the intended use of the funds meets this Policy. 3. The staff liaison would verify available funds for the expenditure. 4. If approved by the Commission, the staff liaison would explain how the purchase would occur. B. Expenditure: The staff liaison would be responsible for the expenditure, following the Town’s Procurement Policy, State law, and local regulations. C. Post-Expenditure: The staff liaison would be responsible for submitting all receipts and documentation associated with the expenditure to the Finance Department, and retaining the documentation consistent with Town policies, procedures, and practices. APPROVED AS TO FORM: Gabrielle Whelan, Town Attorney