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Staff Report Discuss Proposed Council Code of Conduct PolicyCOUNCIL AGENDA REPORT DATE: SEPTEMBER 18, 2003 TO: MAYOR AND TOWN.COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGER SUBJECT: MEETING DATE: 9/18/03 DISCUSS PROPOSED COUNCIL CODE OF CONDUCT POLICY RECOMMENDATION: It is recommended that the Town Council discuss and give direction regarding the proposed Code of Conduct Policy. PURPOSE; The purpose of this report is to provide Council with an overview of the policy development process and the proposed Code of Conduct Policy in preparation for its policy review discussion. BACKGROUND: At its January 2003 Council Retreat, the Council directed the Council Policy Committee to research and discuss policy issues related to Council conduct and communication. This direction led to multiple discussions by the Committee which focused on three themes: (1) Council Members' knowledge of unwritten Council policies and practices; (2) consideration of where Town Council policies may be deficient; and (3) the creation of a policy reference library. As a result, the Committee conducted a comprehensive review of existing Council policies and similar policies implemented by various bay area cities. In June 2003, the Committee presented a proposed policy focus area and work plan which reflected exploring the concept of setting a framework for policy development through the establishment of Council roles, expectations, and/or protocols (Attachment 1). Council directed the Committee to draft a protocol/code of conduct policy. The result of the Committee's work to date is attached (Attachment 2) for theouncil's review and discussion. PREPARED BY: J y MA, ADMINISTRATIVE ANALYST N:\MGRVHaruyama\Staff Reports\code of conduct.wpd Reviewed by: Assistant Town Manager -Attorney Finance Revised: 9/5/03 11:13 am Reformatted: 7/14/99 PAGE 2 TOWN COUNCIL AGENDA REPORT SUBJECT: DISCUSS PROPOSED COUNCIL CODE OF CONDUCT POLICY September 18, 2003 DISCUSSION: During the policy development process, the Council Policy Committee conducted a comprehensive review of available council code of conduct policies in the bay area to determine the policy's format and content. It is important to note that the proposed policy content reflects suggested topics for Council's review and comment as code of conduct policies tend to vary and range in subject matter. The attached draft policy reflects several conduct and protocol related topics based on the January 2003 Council Retreat and extensive discussions and research by the Committee. The proposed Council Code of Conduct Policy emphasizes the following subject areas: • Town Council Roles, Responsibilities, and Relationships • Mayoral and Vice Mayoral Selection Process • Mayoral and Vice Mayoral Roles, Responsibilities, and Relationships • Legal and Ethical Standards • Council Conduct in Public Meetings • Legal Requirements • Town Council Conduct and Communication with, and Participation in all Boards, Commissions, and Committees • Council Relationship with Staff Council Conduct and Communication with the General Public Representing an Official Town Position • Council Conduct with the Media CONCLUSION: The work of the Council Policy Committee reflects the development of a draft Code of Conduct Policy for Council's review and consideration. The Committee recommends that the Council discuss the proposed policy and provide feedback regarding its format and content. Based on Council feedback, the Committee will revise the draft policy for discussion at a future study session meeting and/or Council adoption. FISCAL IMPACT: It is anticipated that there will be no fiscal impact associated with the recommended action to discuss the proposed Council Code of Conduct Policy. Should Council direct the Committee to conduct further research and/or revise the proposed policy, existing staff within the Manager's Office will provide the necessary policy development support. Attachments: Attachment No. 1: June 16, 2003 Council Agenda Report Attachment No. 2: Proposed Council Code of Conduct Policy COUNCIL AGENDA REPORT DATE: JUNE 16, 2003 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGE SUBJECT: MEETING DATE: 6/16/03 ITEM NO. -� i� DISCUSS COUNCIL POLICY COMMITTEE'S PROPOSED STATEMENT OF PURPOSE AND POLICY WORK PLAN RECOMMENDATION: It is recommended that the Town Council discuss and give direction regarding the Council Policy Committee's proposed statement of purpose and policy work plan. BACKGROUND: At its May 6 and June 3, 2003 meetings (Attachment 1 & 2), the Council Policy Committee reflected upon its role and goals, identification of policy focus areas, and the development of a policy work plan. In particular, the Committee's discussions centered around three themes: (1) Council Members' knowledge of unwritten Council policies and practices; (2) consideration of where Town Council policies may be deficient; and (3) the creation of a policy reference library. These discussions led to the development of a Committee statement of purpose and the identification of a priority policy focus area which is discussed in further detail in the section below. DISCUSSION: After discussing its purpose and various policy focus areas and reviewing existing Council policies, the Council Policy Committee developed a statement of purpose and determined that there was a priority need to explore the concept of setting a framework for policy development through the establishment of Council roles, expectations, and/or protocols. The following provides an outline of the Council Policy Committee's proposed statement of purpose and policy work plan, which reflects a desire to develop a Council Protocol Policy. PREPARED BY: AMA alyst N:\MGR\JHaruyamalStaffReports\ .unc' policy committee status update. wpd Reviewed by: Pc-)1 Assistant Town Manager Q t/fown Attorney Finance Revised:6/11/03 9:22 am Reformatted: 5/30/01 ATTACHMENT 1 PAGE 2 TOWN COUNCIL AGENDA REPORT SUBJECT: DISCUSS COUNCIL POLICY COMMITTEE'S PROPOSED STATEMENT OF PURPOSE AND POLICY WORK PLAN June 16, 2003 Council Policy Committee Statement of Purpose Prior to discussing the refinement of existing Council policies and/or the development of new policies, the Council Policy Committee chose to reflect on its purpose, which resulted in a discussion of the Committee's goals and desired outcomes. The intent of the statement of purpose is to provide the Committee with a sense of direction when addressing policy issues. The Committee developed the following statement of purpose for Council's review and comment: Council Policy Committee Statement Purpose "To identify and address areas, issues, and concerns where Town Council policy needs to be communicated, documented, clarified, or developed in order to enhance the effectiveness of the Council in carrying out its policy making role in the council/manager form of government." Proposed Policy Focus Area and Work Plan As discussed earlier, the Council identified a priority need to explore the concept of setting a framework for policy development through the establishment of Council roles, expectations, and/or protocols. To accomplish this, the Committee recommends the development of a Council Protocol Policy, similar to those adopted by other California Cities. As a starting point, this policy could reflect the discussions at the January 2003 Council Retreat (Attachment 3), which focused on Council leadership, cooperation, and relationships among Council Members and others. While Council protocol policies range in topic and subject matter, they share several common themes. Categories found in protocol policies include, but are not limited to: • • Mayor, Vice Mayor, and Council Member Roles, Responsibilities, and Relationships Legal and Ethical Standards Council Conduct Council/Staff Relations Council/Boards/Commissions/Committee Relations Council/General Public Relations Confidentiality Conflict of Interest Representing Official Town/City Positions Upon Council discussion and direction, the Committee would research and draft a Council Protocol Policy for Council's review and consideration. Given the complexity of these relational issues, the Committee may develop a partial draft . policy for Council's review, including the roles, responsibilities and relationships ofthe Mayor, Vice Mayor, and Council Members; legal and ethical standards; council conduct; and council/staff relations. It is envisioned that the Committee would PAGE 3 TOWN COUNCIL AGENDA REPORT SUBJECT: DISCUSS COUNCIL POLICY COMMITTEE'S PROPOSED STATEMENT OF PURPOSE AND POLICY WORK PLAN June 16, 2003 present this partial draft Council Protocol Policy to Council in August 2003. At that time, the Committee would also present additional policy focus areas for Council review and comment. CONCLUSION: The work of the Council Policy Committee reflects the development of a draft statement of purpose and policy work plan. The Committee recommends that the Council discuss and give direction regarding its statement of purpose and proposed work plan, which includes researching and drafting a Council Protocol Policy. If directed by Council, a draft Council Protocol Policy would be presented to Council by the Committee in August 2003. FISCAL IMPACT: Should Council direct the Committee to draft a Council Protocol Policy, it is anticipated that there will be no fiscal impact associated with this action. However, it is important to note that work plan priorities and completion dates should be made in consideration of available resources. Existing staff within the Manager's Office will provide the necessary policy development support. Attachments: Attachment No. 1 Attachment No. 2 Attachment No. 3 Council Policy Committee June 3, 2003 Memorandum( supporting materials not included) Council Policy Committee May 6, 2003 Memorandum January 2003 Council Retreat Summary Notes MEMORANDUM OFFICE OF THE TOWN MANAGER TO: TOWN COUNCIL POLICY COMMITTEE MAYOR SANDY DECKER COUNCIL MEMBER JOE PIRZYNSKI FROM: DEBRA J. FIGONE TOWN MANAGER ORRY KORB 4 TOWN ATTORNEY SUBJECT: DISCUSS COUNCIL POLICY COMMITTEE PURPOSE, PROCESS CONSIDERATIONS, AND POLICY DEVELOPMENT DATE: JUNE 3, 2003 RECOMMENDATION: It is recommended that the Town Council Policy Committee discuss its purpose and role and process considerations as it relates to policy development. PURPOSE: The purpose of this report is to provide the Council Policy Committee background information as it relates to existing Council policies and policy development. BACKGROUND: At its May 6, 2003 meeting, the Council Policy Committee reflected upon its role and goals, identified key policy focus areas, and discussed the development of a policy workplan. In particular, as the Committee evaluated its purpose and mission, the discussion centered around three themes: (1) the long-standing tenure of previous Council Members with respect to their knowledge of unwritten Council policies and practices; (2) consideration of where Town Council policies may be deficient; and (3) the development of a policy reference library. In an effort to address these issues, the Committee discussed the concept of setting a framework for policy development through the establishment of formal, yet flexible Council roles, expectations, and protocols. As a starting point, the foundation for this framework would be the discussions at the January 2003 Council Retreat (Attachment 1) which focused on Council leadership, cooperation, and relationships among Council ATTACHMENT 1 Members and others. DISCUSSION: At the direction ofthe Committee, staffresearched existing Council policies (Attachment 2) and best practices/models of Council protocol/conduct-related policies (Attachments 3-6). The attached sample policies are from the cities of Sunnyvale, Mountain View, Palo Alto and Santa Clara. Although the West Valley cities were surveyed; none had existing policies that addressed Council protocols. The following provides a brief overview ofthe Town Council's current policies and sample Council protocol policies from other local jurisdictions. Town Council Existing Policies To date, the Town Council has approximately nine (9) Council policies. These policies are attached for your information and include: • Town Council Agenda Format and Rules • Standard Town Council Report Format • Public Access to Council Decision Making • Appointments and Memberships • Policy Statement Concerning Commendations and Proclamations • Americans with Disabilities Notice on Town Agendas • Naming of Town -Owned Facilities Access and Retention of Video Recorded Media of Council Meetings Sample Council Protocol Policies While the attached sample Council protocol policies range in topic and subject matter, they share several common themes, including: • Mayor, Vice Mayor, and Council Member Roles and Responsibilities • Legal and Ethical Standards • Council Conduct • Council/Staff Relations • Council/Boards/Commissions/Committee Relations • Council/General Public Relations • Conflict of Interest • Representing an Official Town/City Position CONCLUSION: It is recommended that the Town Council Policy Committee continue its discussion of its purpose and role and process considerations as it relates to policy development. The Committee should consider developing a policy workplan which incorporates Council feedback received as a result of the Committee's June 2, 2003 status update presented under Council matters. It is then recommended that the Committee present a draft policy workplan for further Council discussion at the Monday, June 16, 2003 meeting. FISCAL IMPACT: None. Attachments: Attachment 1: Attachment 2: Attachment 3-6: Attachment 7: Town Council January 2003 Retreat Summary Notes and Staff Report Existing Town Council Policies Background Policy Material from the Cities of Sunnyvale, Mountain View, Palo Alto, and Santa Clara. May 6, 2003 Council Policy Committee Staff Report cc: Town Council Pamela Jacobs, Assistant Town Manager Orry Korb, Town Attorney Jenny Haruyama, Administrative Analyst DJF:jh N:1MGR\JHaruyama\Projects\Council Policy Committee\June 3 Council Policy Committee Memo.wpd MEMORANDUM OFFICE OF THE TOWN MANAGER TO: TOWN COUNCIL POLICY COMMITTEE MAYOR SANDY DECKER COUNCIL MEMBER JOE PIRZYNSKI FROM: DEBRA J. FIGON TOWN MANAGER ORRY KORB TOWN ATTORNEY SUBJECT: DISCUSS COUNCIL POLICY COMMITTEE PURPOSE AND PROCESS CONSIDERATIONS DATE: MAY 6, 2003 RECOMMENDATION: That the Committee consider establishing a statement ofpurpose and work plan for recommendation to the Town Council. The work plan would outline priority policy focus areas and would serve as the proposed work plan for the Committee. Process suggestions are also included. DISCUSSION: The following provides a suggested discussion outline for the Committee's use in determining its role and goals, along with process considerations with respect to the development of new or refinement of existing Town policies. This outline is comprised of three key components: (1) Policy Committee Statement of Purpose; (2) Potential Policy Focus Areas; and (3) Development of a Work plan. Policy Committee Statement of Purpose When considering Town policies. the Committee may want to first reflect on its purpose. This process might include a discussion of the Committee's purpose, goals, and desired outcomes which could be achieved through the development of a statement of purpose. An example of such a statement is as follows: ATTACHMENT 2 PAGE 2 TOWN COUNCIL POLICY COMMITTEE SUBJECT: DISCUSS COUNCIL POLICY COMMITTEE PURPOSE AND PROCESS CONSIDERATIONS May 6, 2003 Sample Council Policy Committee Statement of Purpose To identify areas, issues, concerns where Town Council policy needs to be communicated, documented, clarified, or developed in order to enhance the effectiveness of the Council in carrying out its policy making role in the council/manager form of government. Potential Priority Policy Focus Areas Upon developing a statement of purpose, the Committee may want to identify key priority policy focus areas. A process for receiving Council input and/or approval should be considered. The specific policy issues within the selected focus areas could be generated by the Committee or by the Council in a retreat -like setting. These areas would range in topic and subject matter and could include, but are not limited to the following: • Council Practices • Role of the Mayor • Council/Staff Relations • Council Boards/Commission Relations • Administrative/Council Agenda Streamlining Opportunities Legislative Policies Ethics Council Campaigns • Budget/Fiscal Policies • Community Issues Development of a Work Plan The suggested priority policy focus area list should be considered as a starting point for discussion. Given the potential depth of the sample topics listed above, priorities will need to be set in consideration of the resources needed to assist the Committee in policy development. Once the Committee has determined its key priority policy focus areas, a work plan should be developed. This work plan would reflect the Committee's statement of purpose; identify and prioritize key policy focus areas: and anticipate a time frame for completion. The work plan would be reviewed and approved by the Committee and would later be presented to Council for approval. An alternative as indicated above would be to receive Council input prior to developing a work plan. PAGE 3 TOWN COUNCIL POLICY COMMITTEE SUBJECT: DISCUSS COUNCIL POLICY COMMITTEE PURPOSE AND PROCESS CONSIDERATIONS May 6, 2003 CONCLUSION: It is recommended that the Council Policy Committee develop a statement of purpose and a discuss process for determining policy focus areas and work plan development. FISCAL IMPACT: It is anticipated that there will be no fiscal impact associated with the development of a committee statement of purpose or work plan. However, work plan priorities and target completion dates should be made in consideration of available resources. It is anticipated that existing staff within the Manager's Office will provide necessary policy development support. cc: Town Council Pamela Jacobs, Assistant Town Manager Orry Korb, Town Attorney Jenny Haruyama, Administrative Analyst DJF:jh N:\MGRUHaruyama\Staff Reports\COUNCILPOLICYMEMO.wpd 1 r TOWN OF LOS GA'i TOWN COUNCIL RETREAT SUGGESTED ACTIONS January 10-11, 2003 January 10`h Session: Working Together Implementation and Assessment of Retreat Items At the conclusion of the Friday session, the council asked: How will we know -that this retreat was a success 6-9 months from now? In response, staff agreed to compile a summary report identifying the main points and suggested action items discussed at the retreat. These items will then be assessed in a progress report or follow up meeting/retreat with the council. What is an Effective Council Member? Effective council members are able to balance the following tensions or competing values: • Being proactive about creating change in the community vs. seeking to preserve and protect the community • Leading and educating the public on an issue vs. following the wishes of the public • Recognizing the short term and long term implications of an issue and decision What is an Effective Council Team? • Members are prepared and knowledgeable on the issues • Decisions are made based on the best available information, and a careful interpretation of the data • Members rely on community input and council discussion at council meetings in making final decisions • There are no coalitions or well defined voting blocks What Constitutes Effective Council Discussion? • There is an openness to differing points of view • Members are able to disagree with one another • Differences are managed constructively • Members listen to each other with respect ATTACHMENT 3 How Should the Council Partner with Commissions & Boards? • Respect and fully consider their decisions and recommendations • Be cautious about overturning commission decisions • Review selection of commissioners Su tested actions: • Establish a Council selection committee ¢ Enhance the selection process (example: more time for individual interviews perhaps using a Council Selection Committee) ¢ Expand efforts to recruit applicant pools + Advise unsuccessful applicants prior to Council meetings. a Suggest training opportunities for less experienced/qualified candidates to improve competencies Sueeested action: Ensure training and development opportunities are available to commissioners Sueeested action: Develop a communication mechanism for informing commissions about council policy decisions How Should the Council Partner with Staff? • The current relationship is working exceedingly well; council admires and appreciates staff • Council needs to be cautious about overburdening staff • Council should not do staffs' work • Council members need to be careful not to create expectations among staff that fit his/her own interpretations, but do not have the full backing of whole council Suegested action: The Town Manager is empowered to oversee and monitor the Council's actions in regard to overusing or misusing staff; will consult with Mayor or other appropriate Council member as necessary SueRested action: The Town Manager will function as a central clearing house for advising Council about their individual participation in local and regional groups as representatives of the Town and the Council. This issue will be discussed with the Council Policy Committee. January llth Session: Looking Forward The Strategic Framework Council asked a number of questions and clarifications in response to the Town Manager's update of the strategic plan. In addition to comments about specific implementation strategies; one overarching action item was suggested. Sukeested action: When possible, staff should provide council with quantitative data regarding status on priorities and goals as a way to help assess success. Example: the number of graffiti incidents per year. Issue Category #1: Fiscal Health and the Economy Supeested action: Explore the possibility of creating an economic advisory board (or committee, roundtable, etc.), taking into consideration mission, goals and composition that will make the group most effective. Sue,'ested action: Explore the possibility of bringing appropriately -scaled convention groups and trade shows to Los Gatos. Align with the San Jose Convention and Visitors Bureau to help identify Los Gatos as a destination for people attending conventions in San Jose. Su:'Rested action: Explore providing Council on a regular basis a fact sheet reporting sales tax revenue, commercial and residential vacancy rates and other relevant economic trend information . Sureested action: Explore attracting medical technology firms to locate in town as a complement to the Town's hospitals and medical centers. Suueested action: Staff should continue to make personal contacts with commercial tenants and owners, including an increased emphasis on reaching out to the brokerage community. Suggested action: Continue to explore alternative options for enhancing revenue, including user's fees, commercial business license fees, etc. Sugeested action: Explore the possibility of annexation based on a cost/benefit analysis of each site, including infrastructure condition, Town service costs, revenue generated, etc. Issue Category #2: Communication Outreach and Feedback Su..kested action: Proceed with conducting the Human Needs survey, incorporating Council input and ensuring the survey methodology is sound to ensure valid results. 3 Suggested action: Explore funding a resident satisfaction survey in the FY 03-04 budget. Suggested action: Consider holding some council meetings "off site" in a neighborhood location or consider holding special Town meetings in neighborhoods (example: Town Hall in the Neighborhood). Suggested action: In developing marketing and communication material, consider how to present town information to encourage interest from residents. Suggested action: Explore the development of a central location or communication vehicle for people to find out about town services. Suggested action: Explore developing a communication vehicle for informing interested residents about Council policy decisions (example: informing neighborhoods involved in traffic calming efforts where to find information about ultimate Council decision.) Suggested action: Explore the possibility of creating an email network or list serve for communicating town information to residents. Suggested action: Work with the local media to advocate including information about some of the less visible community activities in town Issue Category #3: Community Services Suggested action: Explore the possibility of holding a youth summit with youth and leaders from existing community groups serving youth to identify issues and actions the Town and its partners can address, as one way to collect information about and assess the interest in the creation of a youth commission or other focused efforts. Suggested action: Explore in partnership with other organizations opportunities for providing drug and alcohol prevention programs for middle school youth, including identifying programs and models undertaken in other communities. Issue Category #4: Other Strategic Issues Suggested action: Refer the possibility of creating an ethics program to the Council Policy Committee. 4 Draft Town of Los Gatos Town Council Code of Conduct Policy Preamble Public trust and mutual respect are essential for effective political leadership and efficient governance. Democratic governance requires that decision makers be fair, independent, impartial, and accountable. Based on these values, the Los Gatos Town Council has adopted a Code of Conduct Policy that establishes guiding principles for appropriate conduct and behavior and sets forth the expectations of Council. The provisions of this policy reflect the Council's commitment to the people they serve and to each other, and more importantly, a desire to seek what is good for the community. Form of Government The Town of Los Gatos operates under a Council -Manager form of government as prescribed by Town Code. Accordingly, the Council provides legislative direction and sets Town policy. The Town Manager serves as the Town's chief administrative officer and is responsible for directing the day-to-day operations of the Town and implementing policy direction. This is referenced in Section 2.30.305 of the Town Code: "Neither the Town Council, nor any member thereof shall direct or request the appointment of any person to or removal of any person from office by the Town Manager or by any other appointing officer, or in any manner take part in the appointment of removal of an officer or employee in the administrative service of the Town. Except for the purpose of inquiry, the Town Council and its members shall deal with the administrative services solely through the Town Manager, and neither the Town Council nor any member thereof shall give orders to any Town Officers, other than the Town Attorney, either publicly or privately." Town Council Roles, Responsibilities, and Relationships A council is a collection of diverse individuals who come together to constitute and act as an entity, and only when operating as an entity can they exercise authority and perform the fulfillment of their purpose. Working together as a council involves acknowledging and balancing the unique interests, expertise, and abilities of individual council members, and accepting final decisions of the Council as the official Town position on such matters. To achieve success, a council must clearly define and understand its roles, responsibilities, and relationships. The following outlines the key roles, responsibilities, and relationships of the Los Gatos Town Council: Draft Council Protocol Policy Page 1 of 13 ATTACHMENT 2 Town Council Roles and Responsibilities The role of the Town Council is to act as a legislative body. Through its legislative and policy authority, the Council is responsible for assessing and achieving the community's desire for its present and future and for establishing policy direction to achieve its desired outcomes. All members of the Town Council, including those who serve as Mayor and Vice Mayor have equal votes. Town Council Relationship to its Work, Each Other and the Public The Council fulfills its roles and responsibilities through shared values that are reflected in the relationships it has with each other and the public. The Town Council is committed to approaching its work, each other, and the public in a manner that reflects: • Ethical behavior and integrity; • Honesty; and • Trust and respect for one another. The Council's relationship to its work, each other, and the public is also characterized by a strong commitment to: • Innovation and creative problem solving; • Future orientation and proactive efforts; • Open and constructive communication; and • Shared purpose. Mayoral and Vice Mayoral Selection Process The selection of the Mayor and Vice Mayor usually occurs annually at the second meeting in November by majority vote of the Town Council. Section 2.20.035 of the Town Code establishes this provision. Serving as Mayor and Vice Mayor is considered to be a privilege, not a right. The Mayor and Vice Mayor serve at the pleasure of the Town Council and may be replaced at any time by a majority vote of the Council. At the time of selection, all members of the Town Council are eligible to serve as Mayor or Vice Mayor. Individuals who are appointed to serve as Mayor and Vice Mayor are chosen because of the Council's confidence in their ability to fulfill the roles and responsibilities of these positions and to establish a collegial working relationship with the Council. Mayoral and Vice Mayoral Roles, Responsibilities, and Relationships The following outlines some of the key roles, responsibilities, and relationships as they relate to the position of Mayor and Vice Mayor: Draft Council Protocol Policy Page 2 of 13 Draft Mayor • The Mayor is the presiding officer of the Town Council. In this capacity, the Mayor is responsible for developing Council agendas in cooperation with the Town Manager, leading Council meetings, and appointing Council Members to standing committees.' • As the presiding officer of the Town Council, the Mayor is responsible for establishing a professional and respectful working relationship with the Council and public through cooperation and collaboration. This includes an obligation to listen and consider Council Members' and the public's issues, questions, and concerns as they relate to Council meetings and the agenda setting process. • The title of Mayor carries with it the responsibility of communicating with the Town Council, Town Manager, and members of the public. In this capacity, the Mayor serves as the Town "spokesperson" representing the Council in official and ceremonial occasions. • As the official Town spokesperson, the Mayor performs special duties consistent with the Mayoral office, including, but not limited to: signing of documents on behalf of the Town, issuing proclamations, serving as the official voting delegate for various municipal advocacy groups, such as the League of California Cities, and delivering the State of the Town Address.2 The Town Council will determine any additional authority or duties that the Mayor shall perform. • The Mayor may establish a series of achievable community goals during his/her year in office in collaboration with the Town Council and in consultation with the Town Manager. These proposed goals are subject to evaluation using criteria such as, but not limited to, their relationship to other Town priorities, the capacity of the Town budget, availability of staff, and other necessary resources required for implementation. • In the event that one or more members of a Town Board, Commission, or Committee acts in a manner contrary to approved Board/Commission policies and procedures, the Mayor may counsel those members about the rules set forth in the Town Commissioner Handbook.3 ' Council Agenda Format and Rules Policy 2 Council Commendation and Proclamation Policy 3 Resolution 1999-167 Draft Council Protocol Policy Page 3 of 13 Vice Mayor • In the Mayor's absence, the Vice Mayor shall perform the duties of the Mayor as noted elsewhere in this document!' • When the Vice Mayor performs the duties of the Mayor in his/her absence, the Vice Mayor also carries the responsibility of communicating with the Town Manager, Town Council, and members of the public. This responsibility includes establishing a professional and respectful working relationship with the Council, Town Manager and public through cooperation and collaboration. Legal and Ethical Standards Understanding that the Council's primary concern is the public interest, Council Members should work for the common good, rather than for private or personal interests. Council Members must serve as a model of leadership and civility to the community and treat all members of the public, each other, and the issues before them with respect to ensure open and effective government. Council Conduct in Public Meetings To ensure the highest standards of respect and integrity during public meetings, Council Members should: • Use formal titles. The Council should refer to one another formally during Council meetings such as Mayor, Vice Mayor or Council Member or Mr., Mrs., or Ms., followed by the individual's last name. • Practice civility and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of free democracy in action. Council Members should be respectful of diverse opinions. • Honor the role of the presiding officer in maintaining order and equity. Respect the Mayor/Chair's efforts to focus discussion on current agenda items. Objections to the Mayor/Chair's actions should be voiced politely and with reason, following the procedures outlined in the Town Council Agenda Format and Rules Policy. • Demonstrate effective problem -solving approaches. Council Members have a public stage to show how individuals with disparate points of view can find common ground and seek compromise that benefits the community as a whole. Council Members are role models for residents, business people, and other stakeholders involved in public debate. 4 Council Agenda Format and Rules Policy Draft Council Protocol Policy Page 4 of 13 Draft • Base decisions on the best available information. Decisions should be made upon the merits and substance of the matter at hand, and not through established coalitions or well-defined voting blocks. • Be prepared and knowledgeable. To effectively lead and inform the public, Council Members should be prepared and informed about issues on the agenda. • Be respectful of other people's time. Council Members should stay focused, listen attentively, and act efficiently during public meetings. • Treat others as you would like to be treated To maintain effective interpersonal relationships, Council Members should treat others the way they would expect to be treated. Council Members should be professional in all situations and circumstances, conducting themselves in a consistent, confident, competent, and productive manner. Implementation of Legal and Ethical Standards Legal and ethical standards will be included in the regular orientations for Town Council Candidates and newly elected Council Members. Newly elected Council Members shall sign a statement affirming they have read and understand the Town of Los Gatos Council Code of Conduct Policy. Legal Requirements The Town Council operates under a series of laws that regulate its operations as well as the conduct of its members. The Town Attorney serves as the Town's legal officer and is available to advise the Council on these matters. Members of the Town Council recognize the importance of following the law so as not to compromise the effort to achieve the goals of the community. Open Meeting Rules The Ralph M. Brown Act. • Requires that meetings of the Town Council be open and public. "Meetings" occur whenever three or more members of the Council hear, discuss, or deliberate on any matter that is relevant to the Town. This includes discussions that occur face to face, serially, through third parties, or through written, telephonic, or e-mail communications. • Requires that the agenda for meetings be posted in advance and that discussions and actions be limited to items appearing on the posted agenda. Draft Council Protocol Policy Page 5 of 13 • Allows closed session discussions and actions in limited circumstances, including pending or anticipated litigation, property acquisition, labor negotiations or the appointment or evaluation of certain personnel. • Requires that information provided for closed sessions and the discussions that occur therein remain confidential and can be revealed only with the approval of the Town Council. Conflicts of Interest The Political Reform Act. The Act controls conflicts of interests through disclosure of financial interests and prohibition in participating in decision making. • Members of the Town Council are prohibited from making, participating in or in any way attempting to use their official position to influence a governmental decision in which they know or have reason to know they have a financial interest. Financial interests can arise out of property ownership, business investment, leadership in a business entity, and receipt of income and gifts. Nevertheless, under certain circumstances, Council members with conflicts may nevertheless be allowed to participate in decision making. • Members of the Town Council are prohibited from accepting honoraria, or payments in consideration of giving speeches, publishing articles or attending conferences or other meetings. • Members of the Town Council are prohibited from accepting gifts from a single source in any calendar year in excess of an amount determined each odd numbered year. The Town Attorney notifies the Council of that amount at the beginning of each calendar year and upon request. • Members of the Town Council are prohibited from receiving loans from public officials, employees, vendors and consultants. • The Act strictly limits mass mailings of 200 or more identical or nearly identical pieces of mail sent at public expense. Government Code section 1090. Section 1090 prohibits "self dealing," which can occur if members of the Town Council have financial interests in contracts made by them or by the Council. While existing contracts are not prohibited, members of the Town Council cannot in any way participate in making contracts in which they have either a direct or indirect financial interest. Serious criminal penalties can result from violations of section 1090. Incompatible Offices. A public officer who is appointed or elected to another public office and enters the duties of the second office automatically vacates the first office if the two are incompatible. Offices are incompatible if any significant clash of duties exists between the Draft Council Protocol Policy Page 6 of 13 Draft two offices, if public policy suggests it would be improper to hold the dual offices, or if either office exercises power over the other. Bias. Due process requires that decision makers in certain situations, such as public hearings in land use matters, be fair and impartial. A personal interest or involvement in the outcome of a matter or with any participants which is unrelated to the merits requires disqualification. This rule does not preclude holding opinions, philosophies or strong feelings about issues or specific projects so long as the decision maker retains an open mind in considering the evidence. Redevelopment Conflicts. The Council, as officers of the Redevelopment Agency, are generally prohibited from acquiring any interest in property included within the redevelopment project area. Town Council Conduct and Communication with, and Participation in all Boards, Commissions, and Committees There are several committees that Town Council Members have been appointed to or have an interest in, including but not limited to, Town Council standing and ad hoc committees, Town boards and commissions, regional boards and commissions, and community - generated committees. To avoid confusion and/or duplication of efforts, Council conduct and communication with and participation in these types of committees is governed by the following guidelines and rules: Conduct • Town boards, commissions, and committees are advisory to the Council as a whole, not individual Council Members. The Town Council appoints individuals to serve on boards, commissions, and committees, and it their responsibility to follow policy established by the Council. Council Members should not feel they have the power or right to influence a board, commission, or committee member in any way. These appointments should not be used as a political "reward." • Council Members should be respectful of diverse opinions. A primary role of boards, commissions, and committees is to represent many points of view and to provide advice based on a full spectrum of concerns and perspectives. Council Members may have a closer working relationship with some individuals serving on boards, commissions, and committees, but must be fair and respectful of all board, commission, and committee members and their opinions. • Keep political campaign support away from public forums. Board, commission, and committee members may offer political support to a Council Member, but not in a public forum while conducting official duties. Conversely, Council Members may Draft Council Protocol Policy Page 7 of 13 support board, commission, and committee members who are running for office, but not in an official forum in their capacity as a Council Member. Communication • Council Members should advise Chair and/or applicable Town Council representative if attending a board, commission, or committee meeting. Council Members may attend any board, commission, or committee meeting, which are always open to any member of the public. However, if a Council Member wishes to attend the meeting of a committee to which he/she has not been appointed to serve on by the Council, the Council Member, as a courtesy, should advise the Town representative, if any, as well as the respective committee chair, and should be mindful of the influence of his/her presence. Unless otherwise directed by the Council, comments made by the Council Member should be made as an individual, not on behalf of the Town Council. • Council Members should not deliberate on any Council action if they have specifically addressed a Town board or commission about that particular issue. If a Council Member attends a Town board or commission meeting and wishes to address the board or commission on matters of interest to that individual Council Member, he/she should recuse himself/herself from deliberating on any Council action related to the issue discussed. • Statements made by Council representatives about the Town's official position should be based on current or past Council action. When serving as a primary or alternate Council representative on a board, commission, or committee, statements made by Council Members regarding Town policy should reflect the majority opinion of the Council, which is defined by current or past official Council action via Council vote or consensus. • Primary Council representatives should update the Council about board, commission, and committee activities. When serving as the primary Council representative on any board, commission, or committee, Council Members should periodically provide verbal update reports to the Council during the "Council Matters" opportunity on the Council meeting agenda. • Recommended actions of a Council Committee should be reported to the Council. When serving on Council committee, whether standing or ad hoc, all work undertaken by the committee must be directed by the Council and all recommended actions of a Council Committee shall be reported to the Council. • The Mayor may counsel members of a subordinate Town Board and Commission about appropriate public meeting conduct related to the business of the Town. In the event that one or more members of a subordinate Town Boards, Commissions, or Committees acts in a manner contrary to approved Board/Commission policies and Draft Council Protocol Policy Page 8 of 13 Draft procedures, the Mayor may counsel those members about the rules set forth in the Town Commissioner Handbook Participation • Appointed primary Council representatives are responsible for attending and participating in applicable board, commission, and committee meetings. If a Council Member has been appointed as the primary Council representative for a board, commission, or committee, that Council Member is responsible for attending the regularly scheduled meetings. In the event that he or she is unable to attend, the primary representative should notify the chair, and the appointed alternate Council representative should attend in the place of the primary. • Appointed alternate Council representatives should familiarize themselves with the practices and procedures of the respective board, commission, or committee. If a Council Member is appointed as an alternate Council representative to a board, commission, or committee, the alternate should initially attend one meeting to orient himself/herself to the board/commission/committee's practices and procedures and to avoid confusion or duplication of efforts. Alternates are discouraged from regular attendance at board/commission/committee meetings when the primary Council representative is available to attend. Council Relationship with Town Staff The Town Council respects the Council -Manager form of government. The Town Manager implements the Council's vision, policies, and goals through the Town staff and is responsible for directing the day-to-day operations of the Town as outlined in Section 2.30.305 of the Town Code. The Council values partnering and collaborating with the Town Manager and the Town organization to achieve the community's vision. The Council - Manager relationship is affected by the expectations, styles, and personalities of the Council and Manager who are in place at the time. Despite the value of partnership and collaboration, these policies are intended to establish boundaries and expectations based upon the role of the Town Manager as set forth by the Town Code and the Council -Manager form of government structure. As such, they transcend individual personalities and agreed upon styles that might affect their implementation. Council Conduct and Communications with Town Staff To enhance its working relationship with staff, Council should be mindful of the support and resources needed to accomplish Council goals. When communicating and working with staff, Council should follow these guidelines: • Council Members should treat staff as professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. As Draft Council Protocol Policy Page 9 of 13 with Council colleagues, practice civility and decorum in all interactions with Town staff. • Council Members should respect the Council -Manager form of government. Routine questions of Town staff should be directed to the Town Manager, Town Attorney, or the Manager's designee. Council Members should not set up meetings with department staff directly, but work through the Town Manager. When in doubt about appropriate staff contact, Council Members should ask the Town Manager. • The Town Manager and staff are responsible for implementing Town policy and/or Council action. The processing of Council policy and decisions takes place with the Town Manager and staff. Council should not direct policy/program administrative functions and implementation; rather it should provide policy guidance to the Town Manager. • Council Members should attempt to communicate questions, corrections, and/or clarfcations about reports requiring official action to staff prior to Council meetings. Early feedback will enable staff to address Council questions and incorporate minor corrections or changes to a Council report, resulting in a more efficient Council meeting discussion. • Council Members should not direct the Town Manager to initiate any action, change a course of action, or prepare any report without the approval of Council. The Town Manager's responsibility is to advise on resources available and required for a particular course of action as it relates to Council direction. • Council Members should not attend department staff meetings unless requested by the Town Manager. • All Council Members should have the same information with which to make decisions. Information requested by one Council Member will be shared with all members of the Council. • Concerns related to the behavior or work of a Town employee should be directed to the Town Manager. Council Members should not reprimand employees directly nor should they communicate their concerns publicly. • Council Members should not solicit political campaign support from Town staff. Although Town staff may, as private citizens with constitutional rights, support political candidates, such activities must take place away from the workplace. Draft Council Protocol Policy Page 10 of 13 Draft Council Conduct and Communication with the General Public A fundamental principle of democracy is citizen access to elected officials. When meeting with constituents, Council Members should follow the following conduct and communication guidelines when addressing the general public and specific interest groups: General Public • Council Members should respect the collaborative process of council decision making and the Council -Manager form of government. Council Members routinely meet with constituents to hear community concerns, explain Council actions, provide opinions about a particular issue, and/or address service requests or inquiries. When meeting with members of the community, Council Members should avoid making commitments that are inconsistent with prior Town Council action or existing policy. If Council Members desire the assistance of staff while meeting with constituents, they should request that assistance from the Town Manager. • Council Members should be mindful of their influence when attending community meetings that are not organized by the Town. The presence of Council Members can sometimes create a perception of support for a particular issue or an expectation that a specific action will be taken. Land Use Applications • Information obtained outside of the public hearing process related to a matter pending before the Town Council must be revealed on the official public record. When evaluating the merits of a land use application, Council Members must do so objectively and impartially. If a Council Member meets with a land use applicant or visits a proposed development site related to a matter pending before the Council and obtains information outside of the public hearing process, he or she must disclose that information on the official public record, as well as any facts obtained in the meeting that influence a Council Member's decision. The merits of an application can only be evaluated based on information included in the public record: Procurement • Unless authorized by Council, Council Members should not become involved in administrative processes for acquiring goods and services. The procurement of goods and services is governed by competitive selection processes. To preserve the integrity of this administrative process, Council Members should refrain from any involvement, unless otherwise directed by Council. Specific Council interests, however, can be referred to the Town Manager as appropriate. Draft Council Protocol Policy Page 11 of 13 Representing an Official Town Position In the event that individual Council Members are asked to represent or express an official Town position, they should follow these guidelines: • Using the title of Council Member when conducting official Town business. Council Members may use their title when conducting official Town business, for informational purposes, or as an indication of background and expertise, carefully considering whether they are exceeding or appearing to exceed their authority. • Representing an official Town position before a governmental agency. If a member of the Town Council appears before another governmental agency organization to give a statement on an issue affecting the Town, the Council Member should indicate the majority opinion of the Council, which is defined by current or past official Council action via Council vote or consensus. • Sharing personal perspectives and opinions. Personal opinions and comments may be expressed only if the Council Member clarifies that these statements do not reflect the official position of the Town Council. Council Conduct with the Media Council Members are frequently contacted by the media for background information and quotes related to Town business and/or community issues. When addressing the media, Council Members should follow these guidelines: • Council Members should be professional in all situations and circumstances, conducting themselves in a respectful manner. When speaking with the media, Council Members should choose their words carefully to ensure that comments and statements are not taken out of context. • Council Members should clarify whether they are speaking as an individual Council Member or representing the position of the Town Council. If a Council Member is contacted by the media, he/she should be clear about whether his/her comments represent an official Town position/policy or a personal viewpoint. • Council Members should coordinate with the Town Manager when addressing questions related to administrative functions or processes. To provide accurate information, Council Members should work with the Town Manager when making statements about administrative procedures and processes. • Council Members should conform to the information policy governed by the Town Emergency/Disaster Preparedness Plan in the event of a disaster or emergency. To avoid confusion and ensure the dissemination of factual information during an emergency or disaster, requests for information should be routed through the Draft Council Protocol Policy Page 12 of 13 Draft appropriately trained public information personnel as prescribed by the Town Emergency/Disaster Preparedness Plan. The Town Manager serves as the Emergency Services Director during a disaster and is responsible for the response plan and the assignment of duties under that plan. Draft Council Protocol Policy Page 13 of 13