20030918 - Council Code of Conduct Policy Staff ReportS WN <
COUNCIL AGENDA REPORT
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DATE: SEPTEMBER 18, 2003
MEETING DATE: 9/18/03
TO: MAYOR AND TOWN.COUNCIL
—rj�FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: 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 ofthe policy development process
and the proposed Code of Conduct Policy in preparation for its policy review discussion.
1:Y.114X Wellh1 03
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 the _Qouncil's review and discussion.
PREPARED BY: JFANNYj"ARVYQ)MA, ADMINISTRATIVE ANALYST
Reviewed by:
Reformatted: 7/14/99
Assistant Town Manager
N:\MGRU =ya \StaffRepom \code ofc dua.w d
_Finance Revised: 9/5/03 11:13 am
PAGE
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
x o
.VII
COUNCIL AGENDA REPORT
SOS sate
DATE: JUNE 16, 2003
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGE
MEETING DATE: 6/16/03
ITEM NO. 3 \
SUBJECT: 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: AE1VNV1ftAAUYAMA
N:WGRVHaruyama \Staff Reports tnclpolicy committee status update.nd
Reviewed by: Assistant Town Manager Town 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, whichresulted 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/StaffRelations
• 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. l Council Policy Committee June 3, 2003 Memorandum( supporting materials
not included)
Attachment No. 2 Council Policy Committee May 6, 2003 Memorandum
Attachment No. 3 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 0�-
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. hi 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 of the 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/StaffRelations
• 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 fiuther Council discussion at
the Monday, June 16, 2003 meeting.
FISCAL IMPACT:
None.
Attachments:
Attachment 1: Town Council January 2003 Retreat Summary Notes and Staff Report
Attachment 2: Existing Town Council Policies
Attachment 3 -6: Background Policy Material from the Cities of Sunnyvale, Mountain
View, Palo Alto, and Santa Clara.
Attachment 7: 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:\MGRVHaruyama\Projects \Council Policy Committee\June 3 Council Policy Committee Memo.wpd
(*ME MORANDUM
OFFICE OF THE TOWN MANAGER
TO: TOWN COUNCIL POLICY COMMITTEE
MAYOR SANDY DECKER
COUNCIL MEMBER JOE PIRZYNSKI
FROM: DEBRA J. FIGO
TOWN MANAGER
ORRY KORB LQ
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, 200'
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: \MGR \JHaruyama \Staff Reports \COUNCILPOLICYMEMO.wpd
TOWN OF LOS GA's .JS
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
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:gested actions:
o Establish a Council selection committee
o Enhance the selection process (example: more time for individual interviews
perhaps using a Council Selection Committee)
o Expand efforts to recruit applicant pools
o Advise unsuccessful applicants prior to Council meetings.
o Suggest training opportunities for less experienced/qualified candidates to
improve competencies
Suggested action: Ensure training and development opportunities are available to
commissioners
Suggested 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
Suggested 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
Suggested 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 11th 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.
Suggested action: When possible, staff should provide council with quantitative data
regarding status on priorities and goals as a way to help assess success. Exampie: the
number of graffiti incidents per year.
Issue Category #1: Fiscal Health and the Economy
Suggested 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.
Suggested 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.
Suggested 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.
Suggested action: Explore attracting medical technology firms to locate in town as a
complement to the Town's hospitals and medical centers.
Suggested 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.
Suggested 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
Suggested action: Proceed with conducting the Human Needs survey, incorporating
Council input and ensuring the survey methodology is sound to ensure valid results.
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