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study sessiont wM o MEETING DATE: 09/15/15 STUDY SESSION �A8 sat COUNCIL AGENDA REPORT DATE: SEPTEMBER 11, 2015 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGERV AtWk ! LviV e SUBJECT: DISCUSSION AND DIRECTION ON REQUESTS FOR MAYOR AND /OR TOWN COUNCIL MEMBER PARTICIPATION, SUPPORT, AND /OR ADVOCACY FOR FEDERAL, STATE, AND /OR REGIONAL LEGISLATION OR OTHER INITIATIVES BACKGROUND: The Town Council recently approved an updated Town Council Code of Conduct Policy that identifies the roles and responsibilities of the Mayor, Vice Mayor, and Council members (see Attachment 1). The Policy, however, is silent on additional roles for Mayor and Council members particularly related to participating in legislative activities or responding to invitations directly from outside organizations. The purpose of this study session is to discuss and provide direction on such requests. As appropriate, the direction could be reflected in proposed revisions to the Code of Conduct Policy for the Council Policy Committee consideration prior to Council action. DISCUSSION: Attachment 2 contains examples of requests received by outside organizations: • Invitation from the U.S. Department of Transportation (DOT) • Letter from the Santa Clara County Board of Supervisors regarding tobacco use • Invitation from the Silicon Valley Leadership Group (SVLG) Other examples include requests for the Town Council to adopt resolutions supporting certain causes, give proclamations or commendations, or actively support or oppose state or federal legislation. The Town's historic and current practice has been to defer to the Mayor for direction on these items. For example, the Los Gatos Mayor has participated in past SVLG legislative trips to Washington D.C. If the Mayor was not interested in participating, then Los Gatos did not have a representative on that trip. Reviewed by: Town Manager Town Attorney ! Yinance NAMGRWdminWorkFi1m\2015 Council Reports \Sept 15 \Study Session.doc PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: DIRECTION ON PARTICIPATION AND LEGISLATIVE ADVOCACY SEPTEMBER 11, 2015 In addition, the Mayor determines which proclamations, commendations, or resolutions go before the full Council. In some cases, the Mayor may provide a commendation without a ceremonial component at a Council meeting. Other Town practices include the Town Manager deciding about the disposition of an item (e.g., referring the letter from the Board of Supervisors directly to the staff working on the smoking - related ordinance); including an item for information in the Weekly Memorandum from the Manager to the Council; or polling the Council regarding an item and two members may request the item be placed on a future Council agenda (e.g., a proposed human trafficking resolution). In the case of the invitation from the U.S. DOT (Attachment 2, page 1), staff is not intending to attend because the meeting focuses on national efforts to influence future transportation (i.e., driverless cars and large mass transit systems); however, given the high visibility of the event, Council members may have an interest. The study session is intended to discuss these and other examples of requests. On behalf of the Town Administration, we are open to direction on the Council's preferred method(s) for responding to the requests. For example, for invitations related to state or federal legislation or communication with state or federal legislators, the Town Council should take specific positions on each legislative request during a regular Council meeting. ENVIRONMENTAL ASSESSMENT: The Council's discussion of this matter is not a project defined under the California Environmental Quality Act (CEQA), and no further action is required. Attachments: 1. Town Council Code of Conduct Policy 2. Sample requests t. rreamnte The legal responsibilities of the Los Gatos Town Council are set forth by applicable state and federal laws. In addition, the Town Council has adopted regulations, including this Code of Conduct Policy, that hold Council Members to standards of conduct above and beyond what is required by law. This Policy is written with the assumption that Council Members, through training, are aware of their legal and ethical responsibilities as elected officials. 11. Form of Government The Town of Los Gatos operates under a Council- Manager form of government as prescribed by Town Code, Section 2.30.305. 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. Ili. Town Council Roles and Responsibilities 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. Members of the Town Council fulfill their role and responsibilities through the relationships they have with each other and the public. Town Council Members should approach their work, each other, and the public in a manner that reflects ethical behavior, honesty and integrity. The commitment of Town Council Members to their work is characterized by open constructive communication, innovation, and creative problem solving. IV. Mayoral and Vice Mayoral Selection Process Per Town Municipal Code, Section 2.20.035, the selection of the Mayor and Vice Mayor occurs annually at the second meeting in November by majority vote of the Town Council. The Mayor and Vice Mayor serve at the pleasure of the Town Council, and may be replaced by a majority vote of the Council. ATTACHMENT] PAGE: POLICY NUMBER: TITLE: Town Council Code of Conduct 2 of 9 24 V. Mayoral and Vice Mayoral Roles, Responsibilities, Relationships The following outlines some of the keys roles, responsibilities, and relationships as they relate to the positions of Mayor and Vice Mayor: Mayor A. 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. B. The Mayor recommends various standing committee appointments to the Council for approval! This will be done at a Council meeting in December of each year. When making committee recommendations, the Mayor should attempt to balance shared responsibilities and opportunities among Council Members. The Mayor may also appoint citizens to committees not established by Town ordinance or resolution as s/he deems appropriate. C. 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. D. 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, and delivering the State of the Town Address.'' The Town Council will determine any additional authority or duties that the Mayor shall perform. E. Special duties consistent with the Mayoral office may be delegated to the Vice Mayor or any other member of the Town Council. F. In the event that one or more members of a Town Board, Commission, or Committee acts in a manner contrary to approved Board /Commission policies and procedures, the Mayor may counsel those members about the rules set forth in the Town Commissioner Handbook .3 'Council Agenda Format and Rules Policy `Council Commendation and Proclamation Policy 'Resolution 1999 -167 TITLE: Town Council Code of Conduct 2-4 Vice Mayor A. In the Mayor's absence, the Vice Mayor shall perform the formal duties of the Mayor.° B. 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. VI. Council Conduct in Public Meetings To ensure the highest standards of respect and integrity during public meetings, Council Members should: A. 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. B. Practice civility and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of fiee democracy in action. During public discussions, Council Members should be respectful of others and diverse opinions, and allow for the debate of issues. C. 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. D. Council decisions should be resen ed until all applicable information has been presented E. Conduct during public hearings. During public testimony, Council Members should refrain from engaging the speaker in dialogue. For purposes of clarification, Council Members may ask the speaker questions. Council comment and discussion should commence upon the conclusion of all public testimony 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. A. Training Biannual training in the following areas shall be provided by staff to Council Members: 1. The Ralph M. Brown Act 2. Town / CA State Law on Conflict of Interest (AB 1234) 3. Government Section 1090 4. Incompatible Offices 5. The Fair Political Practices Commission Forms 6. Bias ° Council Agenda Format and Rules Policy PAGE: POLICY NUMBER: TITLE: Town Council Code of Conduct 4 of 9 24 B. Procurement Unless authorized by the Town Council, Council Members shall not become involved in administrative processes for acquiring goods and services. C. Land Use Applications The merits of an application shall only be evaluated on information included in the public record. Council Members shall disclose ex parte communication and any information obtained outside of the public record that may influence his/her decision on a matter pending before the Town Council. Council disclosure shall occur after the Public Hearing section of the agenda, and before Council deliberations. D. Code of Conduct Policy Newly elected Council Members are strongly encouraged to sign a statement affirming they have read and understand the Town of Los Gatos Council Code of Conduct Policy. E. Non -Profit Organizations Council Members may not sit on boards of directors of non -profit organizations which receive funding or in -kind contributions from the Town, unless the role serves a legitimate Town purpose, such as the League of California Cities, and the participation is approved by the full Council. VIII. Council Participation in Boards, Commissions and Committees, and Reporting Requirements 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. 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 updated reports to the Council during the "Council Matters" opportunity on the Council meeting agenda. Recommended actions by Council Committees should be reported to the Council. When serving on a 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. IX. Council Relationship with Town Staff The Town Council has adopted a Council- Manager form of government. The Town Manager's powers and duties are outlined in the Town Code, Section 2.30.295. TITLE: Town Council Code of Conduct 1 s of s 124- Council Conduct and Communication 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: A. Council Members should treat staffas 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. B. Council Members should direct questions about policy, budget, w• professional opinion to the Town Manager, Town Attorney or Department Directors. Council Members can direct questions and inquiries to any staff for information that is readily available to the general public or easily retrievable by staff. C. The Town Manager and staff are responsible fur implementing T own polio+ 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. D. Council Members should attempt to communicate questions, corrections, and/or clarifications about reports requiring oricial action to staff prior to Council meetings. Early feedback will enable staff to address Council questions and incorporate minor corrections or changes to a Council report, resulting in a more efficient Council meeting discussion; however, this does not preclude Council Members from asking questions at Council Meetings. E. Council Members should not direct the Town Manager to initiate an)) 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. F. Council Members should not attend department staff meetings unless requested by the Town Manager. G. All Council Members should have the same information with which to make decisions. Information requested by one Council Member will be shared with all members of the Council. H. Concerns related to the behavior or work ofa Town employee should be directed to the Town Manager. Council Members should not reprimand employees. 1. Per California Government Code. Sections 3201 -3209, Council Members should not solicitffnancial contrihutions firorn Town staffor use promises or threats regarding future employment. Although Town staff may, as private citizens with constitutional TITLE: Town Council Code of Conduct 2.4 rights, support political candidates, such activities cannot take place during work hours. at the workplace, or in uniform. X. Council Communication with the Public and other Council Members The Public has a reasonable expectation that it may engage its Council Members on matters of community concern. In response, Council Members may express a preliminary opinion on issues or projects raised. Any such preliminary statement shall not constitute a prejudgment or create a presumption of bias on any issue or a project. In addition, Council Members may from time to time express opinions regarding broad policy matters which may be in conflict with currently adopted Council policies. Such statements are permissible if clearly characterized as personal opinion or policy change objectives. Xl. Enforcement A. Purpose The Council Code of Conduct Policy establishes guiding principles 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. 2. Provides guidelines to evaluate Code of Conduct policy violations or other misconduct and implement appropriate disciplinary action when necessary. B. Procedures Reporting of Complaints The following section outlines the process for reporting Council Member Code of Conduct Policy violations or other misconduct: a. 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. b. Complaints made by Council Members should be reported to the Town Manager or Town Attorney to adhere to Brown Act requirements. c. Complaints made by Town employees should be reported to the Town Manager, who will direct them to the Mayor or Vice Mayor. 2. Evaluation of Complaints Alleging Violations Upon report of a written complaint, the 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. If the Town TITLE: Town Council Code of Conduct 2 -4 Manager or Town Attorney is the complainant, the longest serving uninvolved Council Member will replace the Town Manager or Town Attorney on the evaluation committee. Within seventy -two (72) hours of receipt of the complaint 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 complainant and nature of the complaint. 3. Unsubstantiated or Minor Violations If the majority of the Committee agrees that the reported violation is without substance, no further 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. 4. 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. 5. 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 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. TITLE: Town Council Code of Conduct POLICY 2-4 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. 6. 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. 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. C. Disciplinary Action 1. Considerations in Determining Disciplinary Action Disciplinary action may be imposed by Council upon Council Members who have violated the Council Code of Conduct Policy. 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: a. Nature of the violation b. Prior violations by the same individual c. Other factors which bear upon the seriousness of the violation 2. Tomes 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: a. Public Admonishment —A reproof or warning directed to a Council Member about a particular type of behavior that violates Town policy. b. 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. c. Censure —A formal statement or resolution by the Council officially reprimanding a Council Member. TITLE: Town Council Code of Conduct APPROVED AS TO FORM: Robert Schultz, Town tt mey 24 N:\MGR\AdminMasters\Policies \Council Policiesl2 - Council Operation\2 -4 TC Code of Conduct 3.3.15.docx Subject: FW: TIME SENSITIVE INVITATION from The U.S. Department of Transportation: Beyond Traffic Forum in Northern California (September 18, 2015) Attachments: image007jpg From: Warren Whitlock(a)dot .gov [ mailto: Warren. Whitlock@dot.govl Sent: Tuesday, September 08, 2015 3:08 PM TO: BeyondTraffic(adot gov Subject: TIME SENSITIVE INVITATION from The U.S. Department of Transportation: Beyond Traffic Forum in Northern California (September 18, 2015) ,OF 7k4,V a b �Q �`�STA7E5 Of #��4e The U.S. Department of Transportation and Sacramento Mayor Kevin Johnson Invite you to the BEYOND TRAFFIC FORUM In the Northern California Mega Region featuring U.S. Department of Transportation Deputy Secretary Victor Mendez ATTACHMENT 2 i Friday, September 18, 2015 9:00am — 12:30pm California State University University Union Ballroom 3 6000 J Street, Sacramento, CA 95819 We hope you will join us for a robust and interactive discussion about the Beyond Traffic Draft Framework and the future of our nation's transportation system. The Beyond Traffic Draft Framework outlines key trends facing our nation's transportation system and potential policy considerations. Participants include representatives from across the Northern California Mega Region, including elected officials, MPO Directors, transportation industry partners, businesses, and community leaders from Oakland, Reno, Sacramento, San Jose, San Joaquin, and San Francisco. Following a town hall style forum with senior DOT leaders, participants will have the opportunity to provide direct insights on the draft "Beyond Traffic" framework, intended to ignite a national conversation on how new technologies and public policy will shape U.S. transportation systems to enable new safety, mobility, growth, and economic benefits over the next 30 years. Please note that the Beyond Traffic Draft Framework can be downloaded at www, transportation.gov/beyondtrac. Please RSVP at hops:// www. surveymonkey. com /r/NorthemCalifomiaBeyondTraffic by Tuesday, September 15, 2015. Ifyou have any questions, please contact us at beyondtrafficA ot.gov Warren Whitlock Office of Public Engagement Office of the Secretary US Department of Transportation Warren. whit lock(a),dotgov Thank you! 2 County of Santa Clara Public Health Department Administration 976 Lenzen Avenue, 2nd Floor San Jose, CA 95126 408.792.5040 August 21, 2015 Dear Mayor and City Manager, RECEIVED SEP 0 2'2w TOWN MANAGER Re: Support for Increasing the Minimum Age for Purchase of Tobacco to 21 In June 2015, the Santa Clara County Board of Supervisors took action to reduce tobacco use among youth and young adults by increasing the minimum age for the purchase of tobacco from 18 to 21 years in the unincorporated areas of the County. Our ordinance included electronic cigarettes in our definition of tobacco product. Santa Clara County has been a leader in protecting the health of its residents — children and youth in particular — from the devastating consequences of tobacco use. We recognize that all of the cities within Santa Clara County are essential partners in reducing tobacco use among youth and young adults and we know that you share our goal of improving health for everyone who lives or works in our county. I am writing to strongly encourage you to consider implementing similar measures within your city to maximize the public health impact for all of our county residents, and to offer our help in doing so. Despite the tremendous progress that has been made in reducing premature death and disease from tobacco use, the decline in youth smoking has slowed over the last decade. Youth smoking rates in Santa Clara County remain at 8 %, the same as in 2001, and similar to the national trend for youth. Additionally, the rapid uptake of electronic cigarette use by youth is of great public health concern. We know that the younger a person is when they first try tobacco, the more likely they will be to get hooked and the more difficult it will be for them to ever quit smoking. It is estimated that 90% of tobacco users start before the age of 21; roughly 80% fast try tobacco before age 18; and 75 percent of teen smokers continue into their adult years. A recent report by the Institute of Medicine predicts that raising the minimum age for the sale of tobacco products to 21 will, over time, reduce the smoking rate by about 12% and smoking- related deaths by 10 %. By making it harder for teens and young adults ages 18 — 21 to get access to tobacco, we are preventing more lifetime smokers, thereby reducing future health care costs and the leading preventable cause of death. The Public Health Department is able to assist cities to better understand this issue and to provide data, model policy language, and evidence regarding the rationale for increasing the minimum of age for purchase of tobacco and electronic cigarettes to 21. Additionally, our County Counsel's office is available to speak directly with counsel for cities that have any questions or concerns regarding the legal authority for regulation. We encourage you to take action on this important public health issue, and reach out to our staff who are available to assist you in your efforts. Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Ken Yeager, S. Joseph Simitian County Executive: Jeffrey V. Smith Support for Increasing ;tote,'IYlinimup',.Ag'p fkjt f. base of Tobacco to 21 Page Two August 20, 2015 If you would like further information or assistance related to this issue, please contact Nicole Coxe at the Public Health Department at (408) 793 -2745 or nicole.coxena,obd.sccgov.org. Sincerely, e Sara �HCody,2MD T ' —vim Health Officer and Public Health Director cc: City Council Subject: Join us! 2015 Fall Silicon Valley DC Trip Sept. 29 — Oct. 1 On behalf of the Silicon Valley Leadership Group, I would like to invite you to participate in our upcoming 2015 Fall Advocacy trip to Washington DC on September 29 — October 1. Our Silicon Valley delegation will be a mix of both public and private, and your participation as one of our public sector leaders is crucial in helping us advance policy that impacts Silicon Valley. In particular, we hope you will lend your voice in advocating for federal funds for the BART extension, Caltrain and other transportation infrastructure needs. We have key meetings scheduled with U.S. Secretary of Transportation Anthony Foxx and U.S. Secretary of Labor Thomas Perez. More details are below for your reference. We hope you will join us and please let us know if you have any questions. Kind regards, Carl President & CEO Silicon Valley Leadership Group We invite you to join the Leadership Group on September 29 — October 1 for the Fall CEO /Senior Officer Silicon Valley Advocacy Trip to D.C. co -led by our Board Chair and Silicon Valley Bank CEO Greg Becker and San Jose Mayor Sam Liccardo. The delegation will include local public, private and non -profit thought leaders who will share innovative federal policy solutions. This trip offers an opportunity to meet with House and Senate leaders and Obama administration officials, as well as many networking opportunities with Silicon Valley industry leaders. Our legislative advocacy package will include: • Transportation Infrastructure including BART 2.0 and Caltrain Funding • Immigration Reform — Entrepreneur Visa • Cybersecurity • Patent Litigation Reform • Trade — Trans - Pacific Partnership • Business Tax Reform • Renewable Energy Tax Credits To register and for more details, please visit our Eventbrite page at https :Hsv1g2015dc.eventbrite.com. If you no longer wish to receive these emails, please reply to this message with " Unsubscribe" in the subject line or simply click on the following link: Unsubscribe Silicon Valley Leadership Group 2001 Gateway Place Suite 101E San Jose, California 95110 USA Read the VerticalResponse marketing policy.