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20110122 - 2011 Town Council Retreat Addendum.�pW N OF '•xeu ' SOS ` Atp COUNCIL AGENDA REPORT DATE: JANUARY 19, 2011 MEETING DATE: 01 -22 -11 COUNCIL RETREAT ADDENDUM TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: 2011 TOWN COUNCIL RETREAT Attached are additional documents for the 2011 Town Council Retreat. Attachments 6 and 7 are articles provided by the Mayor as background for the discussion regarding Council role and responsibilities. Additional background for this discussion the Council Code of Conduct, included as Attachment 8. Attachments: 1 -5 Distributed previously 6. "The Council Job Description," ICMA Public Management magazine, January /February 2011 7. Council - Manager Form of Government, ICMA 8. Council Code of Conduct PREPARED BY : PAMELA JACOBS ASSISTANT TOWN MANAGER Reviewed by: Assistant Town Manager Town Attorney Clerk Administrator Finance Community Development THIS PAGE INTENTIONALLY LEFT BLANI{ coun relations I jab description ATTACHMENT6 "il irtually every employee hired in the public sector —from the most senior executive to the newest entry -level individual —has a job description. In essence, that descrip- tion articulates what qualifications and characteristics the employee is expected to possess and what tasks the person is expected to perform. Most of these employees are also subject to various rules and regulations generally encapsulated in some sort of personnel manual. This collection of policies describes acceptable and unac- ceptable behaviors, and it articulates an evaluation process to allow for feedback about how the employee is comply- ing and performing. This reality is so accepted that we cannot envision using even a part-time worker without it. Recognizing the value of this type of arrangement, top - flight councils —the term council is used here to refer to any type of governing body —are debating and developing their own council job descriptions and operating policy manu- als. These are always community specific and customized, and they reflect the values of the elected officials as well as the community that elected them. With values firmly and clearly articulated, along with acceptable and unacceptable A R: C CLlA W s, l AN t om ! 61 F behaviors delineated, the council is free to focus on visioning and defining outcomes for the community. Following extensive research in multiple board environments on three continents, my Canadian colleagues, Cath- erine Raso from Hamilton, Ontario, and Carat Gabanna from Charlottetown, Prince Edward Island, and I have distilled eight common behaviors of these best - practice councils that can serve as the basis for effective council governing manuals: 1. Act on Behalf. In this arena, the council examines whom they represent and the best way to fulfill the expecta- tions of these constituencies. A conversa- tion about owners and customers and the difference in their issues —even when they are the same person —is helpful for focusing council behavior. 2. Know Their Job. Representing own- ers on ownership matters allows council to concentrate on the long term and big - picture items. Governing is not managing on a higher level but rather directing the aim of the community. 3. Set Targets. By articulating outcomes and not methodologies, the elected officials say what they want, when they want it, and how much money they are willing to spend to get it. Few folks would start a trip without some sense of the destination, the price they are willing to pay, and the length of time they are willing to travel. Give a local government manager a clear target, and that indi- vidual will hit it virtually every time. 4. Identify Risk. Every community and or- ganization has a few key risk factors. What things would he fatal for the community or organization? If council can articulate these, then stiff members can avoid them S. Delegate the Work. Great elected ofh cials understand the outstanding value of professional management. Empowering a staff through a trained, talented manager by setting clear boundaries is the key to high performance by the organization's members. 6. Assess Performance. Is acceptable progress being made toward the targets? Is the council operating as it has agreed? Have staff stayed within their boundar- ies? Regularly considering these ques- tions allows midcourse correction and avoids upsets and crises. 7. Practice Discipline. Maintaining good governance is not easy. For councils, it _ is always tempting to dive into minutiae or help solve a customer service issue; however, only the council can govern, and councilmembers should do it with excellence. 8. Report Back. In this leadership loop, the council develops, finds, or expands opportunities to tell the community what the council heard and what it did as a result, and then it asks for feedback. My good friend Jim Hunt is a past president of the National League of Cities (NLC) and recently celebrated 25 years of being continuously elected. He says, "In my several years of traveling the country on behalf of NLC, I have seen some amazing cities. Upon examination, in virtually every case these cities are well served by elected officials who not only understand their critical role in the governance process; they have gone to the trouble of examining it in detail. They focus on the big picture and do what only they can do and delegate the rest to their manage- ment partner, generally a city or county manager or administrator." If your council has not yet developed its own job description and operational rules, it is likely that it is not operating at the highest level possible. Pdl — Mike Conduff Former City Manager, �- now President and CEO The Elim Group Denton, Texas mike.conduff@theetimgroup.com icma.org /pm JANUARY /FEBRUARY 2011 1 PUBLIC MANAGEMENT 27 THIS PAGE INTENTIONALLY LEFT BLANK ATTACHMENT7 What is the council-manager form of government, which is used today by so many titles, towns, and counties? Council-manager government combines the strong political leadership of elected officials with the strong managerial experience of an appointed manager or administrator. All power and authority to set policy rests with an elected governing body, which includes a mayor or chairperson and members of the council, commission, or board. The governing body in turn hires a nonpartisan manager who has very broad authority to run the organization. Born out of the U,S. progressive reform movement at the turn of the 20th century, the council manager system was designed to combat corruption and unethical activity in local government by promoting effective management within a transparent, responsive, and accountable structure. - Since its establishment, the council manager form has become the most popular structure of local government in the United States. The form is also widely used throughout the world in countries such as Canada, Australia, the Netherlands, New Zealand, and the United Kingdom. How does council - manager government work? The elected council or board represent their community and develop a long -range vision for its future. They establish policies that affect the overall operation of the community and are responsive to residents' needs and wishes. To ensure that these policies are carried out and that the entire community is equitably served, the governing body appoints a highly trained professional manager on the basis of his /her education, experience, skills, and abilities (and not their political allegiances). If the manager is not responsive to the governing body, it has the authority to terminate the manager at any time. How can council - manager government benefit my community? A city, town, or county benefits from the council manager form of government in a number of important ways: 1. Political power is concentrated in the entire governing body. The mayor and council share legislative functions 2. Policy making resides with elected officials, while oversight of the day -to -day operations of the community resides with the manager. In this way, the elected_ officials are free to devote time to policy planning and development 3. The manager carries out the policies established by the elected governing body with an emphasis on effective, efficient, and equitable service delivery 4. Because decisions on policy and the future of the com- munity are made by the entire governing body rather than a single individual, council- manager governments more often engage and involve their residents in decision making. Residents guide their community by serving on boards and commissions, participating in visioning and strategic planning, and designing community- oriented local government services 5. The form is flexible enough to adapt to local needs and demands. For example, some communities elect their councils at large, while others elect them by district or by a combination of an at large- and -by- district system. Also, the mayor can be directly elected by voters or selected by and from among the council. What is the role of the manager under council - manager government? The manager is hired to serve the council and the community and brings to the local government the benefits of his /her training and experience in administering municipal or county projects and programs. The manager prepares a budget for the council's consideration; recruits, hires, terminates, and supervises government staff; serves as the council's chief advisor; and carries out the council's policies. Council members and residents count on the manager to provide complete and objective information about local operations, discuss the pros and cons of alternatives, and offer an assessment of the long -term consequences of their decisions. Appointed managers serve at the pleasure of the governing body. They can be fired by a majority of the council, consistent with local laws, or any employment agreements they may enter into with the council, The manager makes policy recommendations to the council for consideration and final decision. The manager is bound by whatever action the council takes, and control is always in the hands of the elected representatives of the people. What is the role of the council? The council is the community's legislative and policy - making body. Power is centralized in the elected council, which, for example, approves the budget and determines the tax rate. The council also focuses on the community's goals, major projects, and such long -term considerations as community growth, land use development, capital improvement and financing, and strategic planning. The council hires a professional manager to implement the administrative responsibilities related to these goals and supervises the manager's performance. - What is the role of the mayor or chairperson? Mayors or chairpersons in council- manager communities are key political and policy leaders, and their specific duties, responsibilities, and authorities depend on the organization's charter. In council - manager communities, typically the mayor or chairperson is a voting member of the city council who presides at council meetings, represents the city in intergovernmental relationships, appoints members of citizen advisory boards and commissions (with the advice and consent of council), assigns agenda items to committees, facilitates communication and understanding between elected and appointed officials, and assists the council in setting goals and advocating policy decisions. What value does a professional manager contribute to a community? Professional managers contribute value to a community because they: • Work in partnership with elected officials to develop sound approaches to community challenges by bringing together resources to make the right things happen and produce results that matter • Bring a community -wide perspective to policy discussions and strive to connect the past and future while focusing on the present. They help the governing body develop the long -term vision for the community that provides a framework for policy development and goal setting Promote ethical government through commitment to a set of ethical standards that goes beyond those required by law. Managers who are members of ICMA subscribe to the organization's Code of Ethics, which requires them to "affirm the dignity and worth of the services rendered by government and maintain... a deep sense of social responsibility as a trusted public servant" • Encourage inclusion and build consensus among diverse interests (including those of elected officials, the business community, and citizens) by focusing on the entire community rather than the centralized interests of one or two individuals THIS PAGE INTENTIONALLY LEFT BLANK ATTACHMENT 8 COUNCIL POLICY TOWN OF LOS GATOS Subject: Page Enabling Actions: Town Council Code of Conduct Policy I of 16 Resolution 2004 -59 Resolution 2006 -111 Approv d: Effective Revised Date: �tmG `�/ Date: 5/3104 10!16/2006 T. 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 Members. The provisions of this policy reflect a commitment by Council Members to the people they serve and to each other, and more importantly, a desire to seek what is good for the cornrnunity, 11. Form of Government The Town of Los Gatos operates under a Council- Manager form of government as prescribed by Town Code. Accordingly, members of the Council are elected at- large, provide legislative direction, set Town policy, and ultimately answer to the public. 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 ofremoval ofan offi cer 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 lYtonager, and neither the Town Council nor any member thereofshall give orders to any Town Officers, other than the Town Attorney, either publicly or privately. " III. 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 -1- 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: Town Council Roles and Resoonsibilities The role of the Town Council is to act as a legislative and quasi-judicial 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 Members of the Town Council fulfill their role and responsibilities through shared values that are reflected in the relationships they have with each other and the public. Town Council Members are committed to approaching their work, each other, and the public in a manner that reflects: • Ethical behavior and integrity • Honesty • Trust and respect for one another The commitment of Town Council Members to their work, eacti other, and the public is also characterized by: • Innovation and creative problem solving • Future orientation and proactive efforts • Open and constructive communication • Shared purpose 1V. 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, any member of the Town Council may be nominated to serve as Mayor or Vice Mayor. Individuals who are elected to serve as Mayor and Vice Mayor are chosen because their ability to fulfill the roles and responsibilities of these positions, establish a collegial working relationship with the Council, and ultimately, serve the community. -2- V. 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: 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 and leading Council meetings. • The Mayor recommends various standing committee appointments to the Council for approval.' When making committee recommendations, the Mayor should attempt to balance shared responsibilities and opportunities among Council Members. • 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 issues, questions, and concerns of the public and Council Members 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. The Town Council will determine airy additional authority or duties that the Mayor shall perform. • Special duties consistent of the Mayoral office maybe delegated to the Vice Mayor or any other member of the Town Council. 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. Implementation of such goals, however, would require formal Council approval. 1 Council Agenda Format and Rules Policy 2 Council Commendation and Proclamation Policy -3- • hr the event that a Council Member acts contrary to approved Council policies, the Mayor shall counsel the Council Member about the rules set forth in the Council Code of Conduct policy or other applicable Council policies. • 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. Vice Mayor' • In the Mayor's absence, the Vice Mayor shall perform the formal duties of the Mayor as noted elsewhere in this document. r • 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. • hr the event that the Mayor acts contrary to approved Council policies, the Vice Mayor shall counsel the Mayor about the rules set forth in the Council Code of Conduct policy or other applicable Council policies. VI. 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 3 Resolution 1999 -167 A Council Agenda Format and Rules Policy -4- legitimate elements of free democracy in action. During public discussions, Council Members should be respectful of others and diverse opinions, practice objectivity, and allow for the debate of issues. This does not allow, however, Council Members to make abusive, slanderous, and personal comments, and /or physical actions that could be construed as threatening. • 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 it whole. Council Members are role models for residents, business people, and other stakeholders involved in public debate. • Base decisions on the best available information. Decisions should be made obj ectively and based upon the merits and substance of the matter at hand, not through established coalitions or well- defined voting blocks. Judgment of decisions should be reserved until all applicable information has been presented. • 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. During public testimony, Council Members should refrain from engaging the speaker in dialogue. However, for purposes of clarification, Council may ask the speaker questions. Council comment and discussion should commence upon the conclusion of all public testimony. • 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. CotnciI 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 should sign a statement affirming they have read and understand the Town of Los Gatos Council Code of Conduct Policy. The Council will endeavor to annually affirm its understanding and commitment to the Code of Conduct policy. -5- VII. 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 PI. Broivn 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. • 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 Existing Town Conflict oflnterest Policy. • Members of the Council are prohibited from being appointed to the board of directors of nonprofit organizations receiving funds or in -kind contributions from the Town.' This applies to all `legislative bodies," which are defined to include a private corporation or entity, including a nonprofit organization that was either created by the Town, or is governed by a board of directors to which Council has appointed one of its members. 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 S Council Public Access to Council Decision Making Policy and Council Appointments and Memberships Policy -6- of income and gifts. Nevertheless, under certain circumstances, Council Members with conflicts may be allowed to participate in decision making if their economic interest is affected in a substantially similar manner as a significant segment of the public or if their participation is legally required in order for an action or decision to be completed. • Members of the Town Council are prohibited from accepting gifts from a single source in any calendar year in excess of $340 dollars, adjusted biennially by the Fair Political Practices Commission (FPPC) to reflect changes in the Consumer Price Index. The Town Attorney notifies the Council of that amount at the beginning of each calendar year and upon request. Council Members can also obtain this information directly from the FPPC. There are several exceptions, including gifts from a spouse, or from a child, parent, grandparent, grandchild, brother, sister, parent -in -law, brother -in -law, sister -in -law, nephew, niece, aunt, uncle, or first cousin or the spouse of any such person, information material, gifts that are returned or donated to a charity within 30 days without being claimed for a tax deduction, campaign contributions, inheritances and hospitality at a private residence. • Members of the Town Council are prohibited from receiving loans from public officials, employees, vendors and consultants. • Mass mailings of over two hundred or more identical pieces of mail sent at public expense may not contain the name or pictures of elected officials except as part of a standard letterhead. Government Code Section 1090. Section 1090 prohibits "self dealing," which can occur if members of the Town Council have a financial interest 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. The maximtun penalty for a willful violation is a felony with a maximum fine of $1,000 or imprisonment in state prison and a permanent disqualification from holding any public office in the state. 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 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 factors upon which an application may be judged requires disqualification. This rile 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. -7- 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. Property can, however, be acquired for personal residential use so long as the redevelopment agency certifies that it will not make or otherwise arrange for any improvements to the property. VIII. 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. Included in these committees assignment are Council liaisons. A Council liaison is an assignment by the Council of one or more Council Members to an ad -hoc effort initiated by the Town or in which the Town is participating as a community partner. This assignment is distinguished from routine Los Gatos elected official appointments to regional boards and committees and is accomplished through Council consensus. To avoid confusion and/or duplication of efforts, Council conduct and communication with and participation in these types of committees are 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_ It is the responsibility of Council Members 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 apolitical "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, cormnission, and committee members may provide verbal, financial or in -kind assistance to a Council Member, but not in a public forum while conducting official Town duties. Conversely, Council Members may provide verbal, financial or in -kind assistance to board, commission, and committee members who are running for office, but not in an official forum in their capacity as a Council Member. IR Communication • Council Members shottld advise Chair andlor 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 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, ifany, 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 Councit 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 off cial position should be based on current orpast 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 update reports to the Council during the "Council Matters" oppornmity 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 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 Town Board, Commission, or Conimittee 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. Partidnation • Appointed primary Council representatives are responsible_for attending and participating in applicable board, commission, and committee meetings. If a Council Member has been -9- 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, pr 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 /conrmission/committee meetings when the primary Council representative is available to attend. IX. 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 goats 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 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. -10- • 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 clarifications about reports requiring official action to stuff 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 the direction of the majority of the Council, - Council Members should not attend department staff meetings unless requested by the Town Manager. Rtl 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 ofa 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. X. 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 tMlembers should respect the collaborative process of council decision making and the Council - Manager fornt 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 exislfng policy orforeclose on decisions -11- prior to hearing public testimony. If Council Members desire the assistance ofstaffwhile meeting with constituents, they should request that assistance from the Town Manager. • Council Members should be mindful oftheir influence when attendingcommunity 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. While Council lvlembers may take broad philosophical positions on issues of concern to the Town, they should not commit to a particular position prior to a public meeting. Council Members should not make public or private promises or commit to a specific position on current, pending, or fimrre matters to be heard the by the Council. In general, Council Members should not reach a decision on any agenda item prior to a scheduled public meeting. • Council Members should keep political campaign support away from public, forums. Council Members may provide verbal, financial, or in -kind assistance to persons running for office, but not in an official foram in their capacity as Council Member. Council Members, however, are free to exercise their rights as individuals to express opinions regarding political issues, including candidate endorsements. 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 could 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 processesfor acquiring goods and services. The procurement ofgoods 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. -12- XI. 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. Tf 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. • Sharingpersonal 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''own Council. X11. Council Conductwith 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 or writing letters to the media, Council Members should choose their words carefully to ensure that comments and statements are not taken out of context. • Council Members should advise the entire Council in advance if they plan to submit a letter to the media. Early communication could help to alleviate potential misinterpretation and prepare members of the Council for questions from the media. • Council Members should clar fy whether they are speaking as an individual Council Iblember or representing the position of the Town Council. If a Council Member is contacted by the media or initiates contact with 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. -13- Council Members should conform to the information policy governed by the Town Emergency /Disaster Preparedness Plan in the event ofa 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 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. X111. Enforcement Purpose The Council Code of Conduct Policy establishes guiding piinciples for appropriate conduct and behavior and sets forth the expectations of Council Members. The purpose of the policy language is to establish a process and procedure that: • Allows the public, Town Council, and Town employees to report Code of Conduct policy violations or other misconduct. • Provides guidelines to evaluate Code of Conduct policy violations or other misconduct and implement appropriate disciplinary action when necessary. Procedures Reporting of Complaints The following section outlines the process of reporting Council Member Code of Conduct policy violations or other misconduct: Complaints made by members of the public, the Town Manager, and Town Attorney should be reported to the Mayor. If a complaint involves the Mayor, it should be reported to the Vice Mayor. Complaints made by Council Members should be reported to the Town Manager or Town Attorney to adhere to Brown Act requirements. Complaints made by Town employees should be reported to the Town Manager, who will direct them to the Mayor or Vice Mayor. Evaluation of Complaints Alleging Violations Upon report of the complaint, Town Manager and Town Attorney will join the Mayor or Vice Mayor as an evaluation committee to determine the validity of the complaint and, if appropriate, an initial course of action as discussed below. Within severity -two (72) hours of receipt by the Mayor or Vice Mayor, the Council Member in question shall be notified of the reported complaint by the Mayor or his/her designee. The notification shall include a copy of the written complaint and supporting documentation, if any, the identity of the person making the complaint, and nature of the complaint. 14- Unsubstantiated or Minor Violations If the majority of the Committee agrees that the reported violation is without substance, no father action will be taken. If the reported violation is deemed valid but minor in nature, the Mayor or Vice Mayor shall counsel and, if appropriate, admonish the Council Member privately to resolve the matter. Admonishment is considered to be a reproof or warning directed to a Council Member about a particular type of behavior that violates Town policy. Allegations of Major Violations If the reported violation is considered to be serious in nature, the matter shall be referred to outside legal counsel selected by the Committee for the purpose of conducting an initial interview with the subject Council Member. The outside counsel shall report his /her initial findings back to the Committee. If the Committee then determines that an investigation is warranted, the Committee shall direct the outside legal counsel to conduct an investigation. The investigation process would include, but is not limited to, the ascertainment of facts relevant to the complaint through interviews and the examination of any documented materials. Report of Findings At the conclusion of the investigation, outside legal counsel shall report back to the Committee in writing. The report shall either (1) recommend that the Council Member be exonerated based on a finding that the investigation did not reveal evidence of a serious violation of the Code of Conduct, or (2) recommend disciplinary proceedings based on findings that one or more provisions of the Code of Conduct or other Town policies have been violated. In the latter event, the report shall specify the provisions violated along with the facts and evidence supporting each finding. The Committee shall review the report and its recommendations. If the consensus of the Committee is to accept the report and recommendations, the Committee shall implement the recommendations. Where the recommendation is exoneration, no further action shall be taken. Where the recommendation is to initiate disciplinary proceedings, the matter shall be referred to the Council. Where there is no consensus of the Committee regarding the recommendations, the matter shall be referred to the Council. The subject Council Member shall be notified in writing of the Committee's decision within 72 hours. Where the decision is to refer the matter to the Council, a copy of the full report, including documents relied on by the investigator shall be provided with the notification, and a copy of both shall be provided to the whole Council. Proceedings Investigative findings and recommended proceedings and disciplinary action that are brought forward to Council as a result of a significant policy violation shall be considered at a public hearing. The public hearing should be set far enough in advance to allow the Council Member in question reasonably sufficient time to prepare a response. -15- Investigative findings shall be presented to the Town Council at a public hearing. The rules of evidence do not apply to the public hearing. It shall not be conducted as an adversarial proceeding. Disciplinary Action Considerations in Determining Disciplinary Action Disciplinary action may be. imposed by Council upon Council Members who have violated the Code of Conduct. Disciplinary action or sanctions are considered when a serious violation of Town policy has occurred by a Council Member, In determining the type of sanction imposed, the following factors may be considered: • Nature of the violation • Prior violations by the same individual • Other factors which bear upon the seriousness of the violation Type of Sanctions At the discretion of the Council, sanctions may be imposed for violating the Code of Conduct or engaging in other misconduct. These actions may be applied individually or in combination. They include, but are not limited to: = Public Admonishment — A reproof or warning directed to a Council Member about a particular type of behavior that violates Town policy. • Revocation of Special Privileges — A revocation of a Council Member's Council Committee assignments, including standing and ad hoc committees, regional boards and commissions, and community - generated board/committee appointments. Other revocations may include temporary suspension of official travel, conference participation, and ceremonial titles. • Censure — A formal statement or resolution by the Council officially reprimanding a Council Member. APPROVFD AS TO FORM: Town Attorney N: \AQQR\AdminMartemlCouncil Policia\Code of ConduUdoc -16-