Attachment 5 - Draft resolution to rescind three Policies as contained in Exhibit ARESOLUTION 2015-xx
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 1 1, 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`a day of March, 2015 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTACHMENT 5
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
COUNCIL POUCY
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 Towd s position on a) potential or existing
litigation, b) the acquisition or disposition of property, c) any employee's privacy
interests. In additio. , .e Closed Session agenda will clearly identify the subject of
each agenda item. E
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 prives the public of the
opportunity to contribute to the decision making proces
4. Council meetings outside of the Town limits are prohibitelQ
4
5. Council Members may not sit on Boards of Directors of non-. rofit organizations which
receive funding or in -kind contributions from the To
APPROVED AS TO FORM:
Kadkerine Anderson, Town Attorney
DWK:pm
MGRO44 A:\TCPOLICY\POLICY4
EXHIBIT A
Summary of Comments on 2-6 Public Access to Council
Decision Making_with Comments.pdf
Page: 1
s. Number: 1 Author: vrodriguez Subject: Sticky Note Date: 2/4/2015 11:19:56 AM
This is already covered in the Town Council Agenda Format and Rules Policy (Policy Section, Bullet B).
Number: 2 Author: vrodriguez Subject: Sticky Note Date: 2/6/2015 3:49:26 PM
This will covered in the Town Council Agenda Format and Rules Policy, Section K: Agenda Posting.
Number: 3 Author: vrodriguez Subject: Sticky Note
This will covered in the Town Code of Conduct Policy, Section X.
Date: 2/6/2015 3:50:02 PM
Number: 4 Author: vrodriguez Subject: Sticky Note Date: 2/25/2015 8:40:08 AM
This is not needed. The Brown Act prohibits meetings outside the Town limits.
Number: 5 Author: vrodriguez Subject: Sticky Note Date: 2/4/2015 11:20:56 AM
This will be covered in the Town Code of Conduct Policy, Section Vll, Bullet E.
TOWN OF LOS GATOS
OFFICE OF THE TOWN CLERK
COUNCIL POLICY
PUBLIC ACCESS TO COUNCIL DECISION MAKING
TOWN COUNCIL ACTION 5/18/1992
AU. ELECTED TOWN COUNCIL. MEMBERS ARE REOUIRED 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'
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 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.
S 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 Date
clk:d 10\other\policy
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, KateAnderton, 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 of item 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. Carried 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.
TCD314M051892
ATTEST:
�1 /
MarLyn J. Ras u' . sen
Senior Deputy Clerk
11
COUNCIL POLICY
TOWN OF LOS GATOS
Subject: Appointments and Enabling
Memberships Page 1 of 1 Actions: Town Council on
6/15/92
Effective Revised
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 rn Zmittees not established by ordinance
or resolution as s/he deems appropriatePr
B. The Mayor shall appoint Council Members to sit on various regional and in
governmental boards, commission and committees. Normally this will be done at a
Council meeting in December of each year. h4
C. Council Members may not sit on boards of directors of non- rofit organizations which
receive funding or in -kind contributions from the Town. Q
APPROVED AS TO FORM: l-w/ i¢.,
Attorney
MGRO44 A:\TCPOLICY\POLICY2
Summary of Comments on 2-7 Appointments and
Memberships_with Comments.pdf
Page: 1
Number: 1 Author: vrodriguez Subject: Sticky Note Date: 2/2/2015 10:29:28 AM
This section is covered under Annual Recruitments, Bullet #7 in the Commission Appointments Policy.
Number: 2 Author: vrodriguez Subject: Sticky Note Date: 2/2/2015 10:30:34 AM
This section could be included in the Code of Conduct Policy under Section V: Mayoral and Vice Mayoral Roles, Responsibilities, and
Relationships as part of the Mayor's responsibilities.
-_. Number: 3 Author: vrodriguez Subject: Sticky Note Date: 2/2/2015 12:58:37 PM
Section V: Mayoral and Vice Mayoral Roles, Responsibilities, and Relationships, Bullet B states that the Mayor recommends various standing
committee appointments to the Council for approval.
Number:4 Author: vrodriguez. Subject: Sticky Note Date: 2/2/2015 1:00:40 PM The date for interviews (second Town Council meeting in December), is covered under Annual Recruitments, Bullet #2 in the Commission
Appointments Policy. This could also be stated in the Code of Conduct Policy, Section V: Mayoral and Vice Mayoral Roles, Responsibilities, and
Relationships, Bullet B.
=.Number: 5 Author: vrodriguez Subject: Sticky Note Date: 2/2/2015 10:28:34 AM
This section could be included in the Code of Conduct Policy under Section VB: Legal Requirements.
ADMINISTRATIVE MANUAL
TOWN OF LOS GATOS
Subject: Americans with Disabilities
Notice on Town Agendas
Approved:
Page: 1 of 1 Section Number:
Effective Date: 8/2/94 Revised Date:
PURPOSE
To provide access to public meetings of the Town.
SCOPE
This policy applies to all Town boards, commissions or committees.
POLTCY
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 cause some of
our meeting locations may not be readily accessible to disabled personQ2
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) . Notification 48 hours before
the meeting will enable the Town to make reasonable arrangements to
ensure accessibility to this meeting. [28 CFR § 35. l02-35.1041
APPROVED AS TO FORM:
wn Attorney
ADMINMANO1 AMDMINMAN\ADANOTIC.AON
Summary of Comments on 2-8 Americans with Disabilities
Notice on Town Agendas_with Comments.pdf
Page: 1
Number: 1 Author: vrodriguez Subject: Sticky Note Date: 2/2/2015 10:45:08 AM
This section can be incorporated into the Town Council Agenda Format and Rules Policy after Section G: Adjournment.
MEMORANDUM
DATE: August 2, 1994
TO: Town Manager
Town Clerk
Department Heads
FROM: Larry E. Anderson, 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 CA'lt § 35,102-35.104].
Please call if you have any questions.
7:30 PM
TOWN OF LOS GATOS
TOWN COUNCIL/PARKING AUTHORITY/
REDEVELOPMENT AGENCY AGENDA
110 EAST MAIN STREET - COUNCIL CHAMBERS (DOWNSTAIRS)
SEPTEMBER 6 (TUESDAY), 1994
INTERVIEWS
Arts Commission (_)
Board of Appeals (_)
Personnel Board (_)_
7:45 PM MEETING CALLED TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
APPOINTMENTS
Note: Th
li
Arts Commission (2)
Board of Appeals (
Personnel Board
adoptsions of Code of Civtl Procedure § 1094.6;
ision o t 'own Council must be brought within 90 days
unlass a shorter time is required by State or Federal law.
the Americans with Disabilities Act if you need special
t anticipate in this meeting, please contact Patsy Madrid,
Notification 48 hours before the meeting will enable the Town to
onable arrangements to ensure accessibility to this meeting.
MGRD69\TCAGENDA\9-6CA Page 1 of _