CC 2017-10-24_11b Follow up of Council Direction_Investigation
MEMORANDUM
TO: CITY COUNCIL
FROM: JAMES A. BERGMAN, CITY MANAGER
SUBJECT: STAFF FOLLOW-UP OF COUNCIL DIRECTION FROM SEPTEMBER
12, 2017 RELATED TO THE INDEPENDENT INVESTIGATION OF THE
MAYOR
DATE: OCTOBER 24, 2017
SUMMARY OF ACTION:
Receive an update and give direction related to staff progress in fulfilling the direction
provided by City Council on September 12, 2017.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No fiscal impact other than staff time related to research and the writing of this report.
RECOMMENDATION:
It is recommended that the City Council receive an update of progress toward fulfilling
Council direction and to provide additional direction.
BACKGROUND:
On September 12, 2017 the City Council received a presentation of the findings of an
independent investigation overseen by Liebert Cassidy Whitmore (LCW) regarding
allegations of misconduct by the Mayor. Upon conclusion of the presentation, which
included recommendations by LCW, the Council provided direction to staff to fulfill ten
specific actions. Staff is returning with an update of progress and requests for further
direction.
ANALYSIS OF ISSUES:
The following is a synopsis of direction from the Council and actions by staff to date:
1. Direction: Prepare a new password policy addressing password security.
Status: Complete
Update: Staff has completed and is prepared to implement a password
policy as part of the City’s Administrative Policies and Procedures.
This policy clearly states that passwords are confidential, should
not be shared, and are required to be of sufficient complexity to
avoid compromise of City email infrastructure (Attachment 1).
Item 11.b. - Page 1
CITY COUNCIL
STAFF FOLLOW-UP OF COUNCIL DIRECTION FROM SEPTEMBER 12, 2017
RELATED TO THE INDEPENDENT INVESTIGATION OF THE MAYOR
OCTOBER 24, 2017
PAGE 2
2. Direction: Ask the Mayor to participate in specific one-on-one
training with the California Joint Powers Insurance Authority
(CJPIA).
Status: Complete
Update: Staff has formally asked the Mayor to attend one-on-one trainings
and the Mayor has declined to participate stating that he has
fulfilled more formal training than is required for the duration of his
current term (Attachment 2).
3. Direction: Extend one-on-one trainings to the entire Council.
Status: Ongoing.
Update: Staff is prepared to arrange one-on-one training at the request of
any Council Member and will utilize previously budgeted funds for
Council trainings.
4. Direction: Ask that the Mayor voluntarily step down from the
Sanitation District Board and have the alternate member attend
meetings.
Status: Complete
Update: Staff has formally requested the Mayor to step down from his role
as a Director of the South San Luis Obispo Sanitation District Board
of Directors and the Mayor has declined and intends to continue to
participate (Attachment 2).
5. Direction: Ask that the South San Luis Obispo County Sanitation
District Board support and implement the recommendations of the
LCW investigation.
Status: Complete
Update: A letter was sent to the Sanitation District on September 15, 2017
indicating the request from the City Council (Attachment 3). Staff
has not received an official response from District staff as to any
actions of the District Board.
6. Direction: Complete a comparison of ethics and conduct policies
covering the City and District Board of Directors.
Status: Complete.
Update: City staff contacted staff at the Sanitation District and was provided
with Bylaws which serves as the sole document that addresses
ethics and conduct for the Sanitation District Board of Directors
(Attachment 4). The Bylaws stipulate a requirement that all
Directors and designated District personnel receive two hours of
ethics training every two years.
Item 11.b. - Page 2
CITY COUNCIL
STAFF FOLLOW-UP OF COUNCIL DIRECTION FROM SEPTEMBER 12, 2017
RELATED TO THE INDEPENDENT INVESTIGATION OF THE MAYOR
OCTOBER 24, 2017
PAGE 3
The City of Arroyo Grande has three documents that discuss ethics
and conduct standards for staff, advisory bodies, and the City
Council. These documents are: Handbook for City of Arroyo
Grande Commissions, Committees and Boards; City Council
Operations Manual; and City of Arroyo Grande Administrative
Policies and Procedures which includes Policy A-030 - Ethics
(Attachments 5, 6, 7, and 8).
Each of the City documents speak to a different audience – the
Handbook, originally issued in 1998, is for appointed officials and it
is assumed to have been developed by staff under the direction of
the City Council; the Council Operations Manual applies to the
Council and in parts to the City Manager and staff and is approved
and adopted by Council Resolution; lastly, the Administrative
Policies and Procedures Manual generally applies to staff and in a
few instances to the City Council and is created and authorized by
the City Manager.
When comparing the District Bylaws to the City’s documents, there
is consistency in subjects covered but subtle differences in wording
or detail. With regards to ethics, the District Bylaws only specifically
address ethics training while the City’s documents contain a much
more comprehensive discussion of ethical standards.
7. Direction: Investigate a voluntary code of conduct for the City to
be adopted and signed by Council and Commissioners.
Status: In process; additional direction requested.
Update: Staff has researched and attached a copy of the City Council Code
of Conduct policy for the City of Mountain View for your review and
comment (Attachments 9). Developing a document of this scope
will take a concerted effort of staff and should be prioritized with
other work efforts. It may also be prudent to include an ad hoc
subcommittee of the Council to participate in its creation prior to
review by the full Council.
8. Direction: That an official City policy for email use be approved.
Status: Existing
Update: The City recently adopted Administrative Policy and Procedure A-
035 entitled “Remote Email Access.” This document clearly
explains the policy, procedure, and violations and penalties related
to remote email access (Attachment 10). The use of e-mail is also
included in Administrative Policy and Procedure A-016 (Attachment
11). This policy is in the process of being updated since it was
originally developed in 2006. This update process is far along since
Item 11.b. - Page 3
CITY COUNCIL
STAFF FOLLOW-UP OF COUNCIL DIRECTION FROM SEPTEMBER 12, 2017
RELATED TO THE INDEPENDENT INVESTIGATION OF THE MAYOR
OCTOBER 24, 2017
PAGE 4
it was started prior to Council direction.
9. Direction: That a protocol for Council communication with staff be adopted.
Status: Existing
Update: Protocols related to Council communication with staff is included in
Policy #3, “City Council/City Manager Mutual Expectations”, of the
City Council Operations Manual (Attachment 5, Page 2 and 3 of
Section 3).
10. Direction: That an exploration of a job description or
expectations for Council and Commissions be considered.
Status: Existing
Update: Section 2 of the City Council Operations Manual is entitled
“Expectations of the City Council.” This policy can be amended to
expand any expectations the Council wishes to include, or
incorporated into a more comprehensive City Council Code of
Conduct mentioned in response to direction #7 (Attachment 5). In
addition, the Handbook for City of Arroyo Grande Commissions,
Committees and Boards contains extensive discussion of
expectations of commissioners in their duties and behaviors
(Attachment 6).
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Receive and file the update of progress toward fulfilling Council direction and
provide additional direction if needed; or
2. Provide staff other direction.
ADVANTAGES:
This document presents an update of progress toward fulfilling Council direction and
allows the Council to provide additional direction if needed.
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Item 11.b. - Page 4
CITY COUNCIL
STAFF FOLLOW-UP OF COUNCIL DIRECTION FROM SEPTEMBER 12, 2017
RELATED TO THE INDEPENDENT INVESTIGATION OF THE MAYOR
OCTOBER 24, 2017
PAGE 5
Attachments:
1. Administrative Policies and Procedures # A-036 - Passwords
2. Email response by Mayor Jim Hill to City Manager regarding direction from the City
Council
3. Letter from the City Manager to the Administrators of the South San Luis Obispo
County Sanitation District indicating Council action and requests of the District
4. South San Luis Obispo County Sanitation District Board of Directors Bylaws, July
2017 Update
5. City of Arroyo Grande City Council Operations Manual
6. Handbook for City of Arroyo Grande Commissions, Committees and Boards
7. Table of Contents of the City of Arroyo Grande Administrative Policies and
Procedures Manual
8. Administrative Policies and Procedures # A-030 – Ethical Standards
9. City of Mountain View City Council Code of Conduct
10. Administrative Policies and Procedures # A-035 – Remote Email Access
11. Excerpt of Administrative Policies and Procedures # A-016 – Information Systems
Item 11.b. - Page 5
CITY OF ARROYO GRANDE ADMINISTRATIVE POLICIES AND PROCEDURES
POLICY #: A-036 SUBJECT: PASSWORDS
ISSUED:
EFFECTIVE:
CANCELLATION DATE: N/A
SUPERSEDES: N/A
POLICY:
The purpose of this policy is to establish a standard for creation of strong passwords,
the protection of those passwords, and the frequency of password change. Passwords
are an essential aspect of computer security, providing important front-line protection for
electronic resources by preventing unauthorized access. Passwords help limit
unauthorized or inappropriate access to various network resources at the City of Arroyo
Grande. A poorly chosen password may result in the compromise of City systems, data,
or the network.
This policy applies to all employees of the City, temporary workers, elected and
appointed officials and all other individuals authorized to access the City’s computer
network resources. To the extent that there is any inconsistency between this Policy
and Information Systems Policy A-016, the provisions of this Policy shall prevail.
PROCEDURE:
Creation of Passwords
Passwords created by authorized users of City systems shall conform to the following
standards:
Your password must be a minimum of nine (9) characters long and must contain:
•At least one special character ( ! , $ , # , % )
•At least one uppercase letter
•At least one lowercase letter
•At least one digit (0-9)
Personal information such as your user name, first or last name, organization name,
phone number, birth date, or address should not be used.
These provisions shall be enforced electronically whenever possible.
Changing Passwords
•Passwords expire after 90 days and must be changed to be significantly different
than previous passwords
•Passwords are not allowed to be repeated within one year
ATTACHMENT 1
Item 11.b. - Page 6
Protecting a Password
• Passwords must be treated as confidential information
• Passwords shall not to be stored in readable form in locations where
unauthorized persons might discover them, and shall not be shared with other
individuals
• Passwords must not be included in email messages or other forms of electronic
communication
Sharing a Password
• City User IDs are issued to individuals for their exclusive use, and passwords
may not be shared
• Departmental account passwords must be shared only with appropriately
designated departmental personnel
• Users need to beware of “phishing” or other social engineering scams where a
user may have a password requested over the phone. City Information
Technology personnel, as a best practice, do not request a user’s password over
the phone and will reset forgotten passwords
Reporting a Password Compromise
• Suspected compromises of passwords must be reported immediately to the
City’s Information Technology Division
• The password in question must be changed immediately
VIOLATIONS AND PENALTIES:
Failure to create a password that meets the strong password criteria will result in the
inability to log in to the network, email or other applicable computer network resource.
Those experiencing difficulty with password creation are directed to contact the
Information Technology Division. Additionally, an individual who circumvents the
security provisions of this policy may be subject to disciplinary action including but not
limited to reprimand, suspension, and/or termination of employment pursuant to the
City’s Personnel Regulations, or subject to the termination of specified information
technology access and services.
James A. Bergman
City Manager
Item 11.b. - Page 7
Jim Bergman
From:
Sent:
To:
Subject:
Jim-
Jim Hill
Saturday, October 14, 2017 2:11 PM
Jim Bergman
Re: Direction from the Council of September 12, 2017
Thank you for following up on this directive from the Council.
As you may be aware, not only has my required training always been up to date (in
contrast, it seems, to Council member Ray and others) but I have also obtained the
training considerably more often than required. Records demonstrate I have in fact
already completed more formal training than is required for the remaining duration of
my current term. I have additionally read the relevant statutes at length on several
occasions. Accordingly there is no need to burden the citizens with the cost of additional
training for me. I understand that some of our Commissioners who are currently in
compliance are also being urged to take more training which would be another
unnecessary cost for the City. Training should be completed as the statute requires. I
certainly support that the City ensures Council members who are currently not in
compliance, such as Ms. Ray, receive the required training at the earliest. The FPPC
has opined that enforcement lies with each agency and it appears the City has perhaps
been lax in this responsibility. FPPC suggests some possible actions to promote
compliance:
-Circulate a list of complying and non-complying officials within the agency.
-Create a financial penalty
-Make compliance a condition of agency service for appointees (not applicable to
elected officials)
-Post completion certificates on Agency website.
I would support any of these measures to assist those who have chosen not to prioritize
their own compliance.
With respect to the Sanitation District and the patently false LCW report, please note
that I did not choose to respond to that portion of the report in the Council meeting but
waited until the subsequent San District meeting. Accordingly, the recommendation of
Council was made prior to hearing my response to those accusations.
The San District has been plagued with a history of corruption facilitated by Board
members who at best ignored it and at worst may have been complicit. These include
former Mayor Ferrara and former Grover Councilman Bill Nicolls who actively supported
that regime, interfered to defame and dismiss employees who brought concerns
forward, and denigrated a Grand Jury report that identified many of the
problems. Council member Ray also denigrated that Grand Jury report at the time.
The recent report on practices at the District during the "Wallace years" by renowned
investigator Carl Knudsen led to criminal charges against the former District
administrator, but that investigative effort was unreasonably delayed by Mayor Shoals
and Oceana representatives Matt Guerrero and Mary Lucey. Mayor Shoals, who himself
has previously been fined by the FPPC and is currently being investigated by them for
1
ATTACHMENT 2
Item 11.b. - Page 8
additional issues, admitted from the dais that he has chosen to rely on the San District
Administrator for all his information rather than seeking any independent
confirmation. That same conduct by his predecessor Nicolls was exactly what led to the
Wallace debacle. Shoals also admitted from the dais to personally interfering with San
District personnel issues involving Superintendent John Clemons and other employees-
something that even the false allegations against me stopped short of-on three
separate occasions, but to date no action has been taken to remediate Shoals' admitted
interferences with District personnel issues. The San District vote to censure me was
made by Shoals' alternate Director Barbara Nicolls (wife of Bill Nicolls) and Oceana
representative White, whose previously prepared statement was obviously influenced by
Lucey and Guerrero. I have opposed this corruption from a minority position during my
combined tenure on that Board, but with great support from members of the public who
have closely followed the events at the District. There remains much to be done
there. With no justification, last March former Administrator Hubner placed
Superintendent Clemons, who has the highest grade operator certification, on "paid
administrative leave" and the plant has since operated with lesser qualified
personnel. Important maintenance was not performed, putting the plant in jeopardy of
non-compliance. On October 13, the Board majority "settled" with Mr. Clemons. The
settlement is a separation agreement that pays Mr. Clemons in return for him not suing
for past conduct by the District.
The State Health and Safety Code requires I remain on that Board to guard our
residents' interests. My intention is to continue to serve the District residents in the
capacity for which I was elected, regardless of political attacks.
Thank you again for following up on this important issue.
-Jim
Sent from my iPad
On Oct 10, 2017, at 4:55 PM, Jim Bergman <jbergman@arroyogrande.org> wrote:
<image001.jpg>
Honorable Mayor,
As you are aware, the City Council directed me to take the following actions at the
Council meeting of September 12, 2017:
• Ask that the Mayor participate in specific one-on-one trainings with the CJPIA;
2 Item 11.b. - Page 9
• Ask that the Mayor to voluntarily step down from the Sanitation District Board
and have the Alternate member attend meetings.
I know that we have spoken of this matter several times, but in rereading the direction, I
thought it would be prudent for me to ask these questions of you in writing and ask for
your written response in order for me to most accurately convey your responses to the
Council.
I am planning to discuss my follow-up to these activities and the other direction received
on Septebmer 12, 2017 with the Council at a meeting in the near future.
Sincerely,
Jim
James A. Bergman
City Manager
City of Arroyo Grande
300 E. Branch Street
Arroyo Grande, CA 93420
www.arroyogrande.org
jbergman@arroyogrande.ora
<image002.jpg>
The iriformation contained in this email pertains to City business and is intended solely for the use of the individual
or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent
responsible for delivering the message.to the intended recipient and you have received this message in error, please
advise the sender by reply email or phone and delete the message. Please note that email correspondence with the
City of Arroyo Grande, along with attachments, may be subject to the California Public Rf!cords Act, and therefore
may be subject to disclosure unless otherwise exempt by law.
3 Item 11.b. - Page 10
~~·~v ~t:= •
-
.... ~:
CITY OF
ARROYO GRANDE
September 15, 2017
Rick Sweet, Administrative and Technical Support
Paul Karp, Administrative and Technical SupP,ort
South San Luis Obispo County Sanitation District
1600 Aloha Place
Oceana, CA 93445
Dear Messrs. Sweet and Karp,
CALIFORNIA
At the Arroyo Grande City Council meeting on Tuesday, September 12, 2017, the City Council considered
the investigation report resulting fro.m the independent investigation jointly authorized by the Arroyo
Grande City Council and the Sanitation District Board of Directors pertaining to conduct of Jim Hill in his
capacity as Mayor of Arroyo Grande and a member of the Board of Directors of the Sanitation District
and the legal conclusions and recommendations contained in the correspondence prepared by the law
firm of Liebert Cassidy Whitmore ("LCW").
The City Council reviewed the investigation report, waived the privileges related to the confidential
correspondence prepared by LCW, recommended action to be taken to address the findings contained
in the Report and authorized additional funding to cover the cost of the investigation and legal services.
With regard to the action taken to address the findings contained in the report, by a vote of three to two
(Mayor Hill and Co.uncil Member Brown opposing) the Council directed the following: (1) staff to prepare
a new policy addressing password security; (2) recommend the Mayor participate in one-on-one training
provided by the Cal JPIA; (3) ask the Mayor to voluntarily step down from his service on the Sanitation
District Board of Directors and have the Mayor Pro Tern attend as the Alternate; (4) ask the Sanitation
District Board to implement the recommendations of LCW; (5) staff to provide additional training
opportunities for all of the council members and co_mmissioners; (6) compare the City's expectations of
the City Council and ethics policies with those of the Sanitation District; (7) staff to prepare a voluntary
code of conduct document to be signed by City Council Members and Commissioners; (8) staff to
prepare a policy addressing email usage; (9) staff to establish a protocol explaining how elected and
appointed officials communicate with staff and provide training thereon; and (10) staff to develop job
descriptions explaining roles and expectations for the City Council Members and Commissioners.
It is our understanding that your Board will be considering the in~estigation report at your Board
meeting on September 20, 2017. We respectfully request that you advise the Board of the Arroyo
Grande City Council's recommendation (Item no. 4 above) that the Sa_nitation District Board of Directors
implement the recommendations of LCW as set forth in their correspondence dated August 7, 2017,
with regard to Jim Hill's conduct serving as a Director of the Sanitation District.
Please feel free to contact me· if you have-any questions or would like to discuss further.
CITY MANAGER'S OFFICE • 300 E. Branch Street • Arroyo Grande, California 93420
Phone: (805) 473-5400 •FAX: (805) 473-0386 •E-mail: agcity@arroyogrande.org •Website: www.arroyogrande.org
ATTACHMENT 3
Item 11.b. - Page 11
SOUTH SAN LUIS OBISPO COUNTY SAHIIATION DISTRICT
BOARP OE PIRECJORS BYLAWS
JULY2017 uppATE
1. OFFICERS OF THE BOARD OE PIRECTORS
1.1 The officers of the Board of Directors are the Chair and Vice Chair.
1.2 The Chair of the Board of Directors shall serve as chairperson at all Board
meetings. He/she shall have the same rights as the other Directors of the Board
in voting, introducing motions, resolutions and ordinances, and any discussion of
questions that follow said actions.
1.3 In the absence of the Chair, the Vice Chair of the Board of Directors shall serve
as chairperson over all meetings of the Board. If the Chair and Vice Chair of the
Board w i 11 both be absent, the Chair may name any member of the Board to
perform the duties of the presiding officer prior to the meeting. If the Chair's
absence is unexpected, the chairperson shall be as specified by standing order of
the Chair.
1.4 The Chair and Vice Chair of the Board shall be elected annually at the last
regular meeting of each calendar year.
1.5 The term of office for the Chair and Vice Chair of the Board shall commence on
January 1 of the year immediately following their election.
1.6 The Chair, and in his/her absence, the Vice Chair, are authorized to attend
meetings of the San Luis Obispo County Planning Commission, meetings of the
San Luis Obispo County Board of Supervisors, meetings between District Staff
and Water Board Personnel, including either Regional Quality Control Staff or
State Water Board Staff on behalf of the District, without compensation except
reimbursement for use of his/her private vehicle to attend such meetings pursuant
to District Policy 10.01(b). If the Chair is absent, the Vice Chair or Board
member may attend these meetings.
1.7 The Chair, or in his/her absence, the Vice Chair shall meet with the District
Administrator in advance of a regularly scheduled meeting to review all Warrants
to be presented at the next regular Board meeting immediately following the
meeting with the District Administrator.
2. MEETINGS
2.1 Subject to holidays and scheduling conflicts, regular meetings of the Board of
Directors shall commence at 6:00 p.m. on the first and third Wednesday of each
calendar month at such meeting location within the District boundaries
designated by the Board Chair. The Board of Directors reserves the right to
cancel and/or designate other dates, places and times for Director Meetings due
to scheduling conflicts and holidays. The meeting shall conclude no later than 10
Q.m .. unless a vote of the majority of the Board acts to continue it.
ATTACHMENT 4
Item 11.b. - Page 12
SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT
DIRECTOR BYLAWS
JULY 2017 UPDATE
2.2 SPECIAL MEETINGS.
Special meetings may be called by the Chair or two (2) Directors with a minimum
of twenty-four (24) hours public notice. A special meeting agenda shall be
prepared and distributed pursuant to the procedures of the Brown Act by the
District Administrator in consultation with the Chair, or in his or her absence,
the Vice Chair or those Directors calling the meeting.
2.3 Directors shall attend all regular and special meetings of the Board unless there
is good cause for absence.
2.4 No action or discussion may be taken on an item not on the posted agenda;
provided, h.owever, matters deemed to be emergencies or of an urgent nature
may be added to the agenda under the procedures of the Brown Act. Pursuant
to the Brown Act:
(a) Directors may briefly respond to statements or questions from the
public;
(b) Directors may, on their own initiative or in response to public
questions, ask questions for clarification, provide references to
staff or other resources for factual information, or request staff to
report back at a subsequent meeting;
(c) A Director individually, or the Board by motion, may take action to
direct the District Administrator to place a matter on a future
agenda. If requested by a Director individually, the District
Administrator shall inquire whether a majority of the Board wishes to
entertain the item; and
(d) Directors may make brief announcements or make a brief report
on his/her own activities under the Director Comment portion of
the Agenda.
2.5 MEETING PROTOCOL
(a) Policy. The purpose of oral presentation at District meetings, as well as
written presentations, is to formally communicate to the Board of
Directors on matters (1) listed on the Agenda, or (2) matters that are
within the jurisdiction of the Board of Directors during general public
comment. Such presentations are helpful to the Board in its decision-
making process. The Board of Directors welcomes information and
expressions of opinion from members of the public on any item which it
may be considering. However, the Board of Directors is not required to
provide a public forum for remarks or conduct in violation of the Rules of
Decorum.
(b) Public Comment. Subject to the following rules, the Board of Directors
shall set ·aside 30 minutes on each agenda item for public comment:
Page2 of12 Item 11.b. - Page 13
SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT
DIRECTOR BYLAWS
JULY 2017 UPDATE
(c) The Chairperson, after consideration of the length of the Agenda, the
nature of the agenda item, and the meeting limitations of Section 2.2, may
expand or further limit the 30-minute time allocation for public comment.
(d) Each public commenter shall be limited to 3 minutes unless shortened or
extended by the Chairperson with consideration of the length of the Agenda,
the nature of the agenda item, and the meeting limitations of Sections 2.2,
above.
2.6 DISTURBANCE OF BOARD MEETINGS
2.6.1 Rules of Decorum. The rules of decorum, below, shall apply to public comment
and attendance at District meetings.
(a) No person shall address the Board of Directors without first being recognized
by the Chairperson.
(b) Persons addressing the Board have the option to state their name and their
general place of residence.
(c) Public comment and public testimony shall be directed to the Chairperson and
shall be addressed to the Board of Directors as a whole. Persons addressing
the Board of Directors shall not engage in a dialogue with individual
Directors, District staff or members of the audience. The Chairperson shall
determine whether, or in what manner, the District will respond to questions.
(d) Persons addressing the Board are limited to one opportunity per Agenda item
unless otherwise directed by the Chairperson in his/her discretion.
(e) A person cannot defer his/her time allocation to another person.
(f) When a group or organization wishes to address the Board on the same
subject, the Chairperson may request that a spokesperson be chosen to
speak for that group. The spokesperson's three (3) minute time allocation may
be extended by the Chairperson in his/her discretion.
(g) Persons addressing the Board shall confine the subject matter of their
comments to the Agenda item being considered by the Board of Directors.
(h) Each person addressing the Board of Directors shall do so in an orderly and
civil manner and shall not engage in conduct which disrupts the orderly
conduct of the District meeting.
(i) The Chairperson may rule a speaker out of order who is unduly repetitious
or extending discussion of irrelevance.
0) Except as provided below, persons who reference or read from documents
such as reports, exhibits, or letters ("Documents") as part of his/her comment
to the Board shall lodge the Document (or a copy) with the District Secretary
at the end of the comment, to allow the Document to be appropriately
referenced in the meeting Minutes and to allow District staff the opportunity to
review and respond to the Document. The Chairperson has the discretion to
strike a speaker's comments from the record for failure to lodge the referenced
Documents. Upon request, the lodged Documents shall be returned to the
Page3 of12
Item 11.b. - Page 14
SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT
DIRECTOR BYLAWS
JULY 2017 UPDATE
speaker after 1 :00 p.m. on the day following the meeting.
Exceptions:
• Speaker's presentation outline, however, Documents referenced in
the outline shall be lodged.
• Documents that are in the Agenda packet.
• Documents that have been previously published by the District, so long
as the speaker identifies the Document by date, author and the pages
referenced or read from.
• For voluminous Documents the speaker need only lodge the cover
sheet that identifies the author and date and the pages read from or
referenced.
2.7 Enforcement of Rules of Decorum. Any person who violates the Rules of Decorum
may, at the discretion of the Chairperson, be removed from the meeting. The Rules
of Decorum shall be enforced in the following manner:
(a) Warning. The Chairperson shall warn the person who is violating the rules
of decorum.
(b) Expulsion. If after receiving a warning from the Chairperson, the person
persists in violating the rules of decorum the Chairperson shall order the
person to leave the Board meeting room for the remainder of the meeting.
(c) Assisted Removal. If such person does not voluntarily remove himself/herself,
the Chairperson may order any law enforcement officer who is on duty at the
meeting, or who may be summoned to the meeting, to remove the person from
the Board room.
(d) Restoration of Order. If order cannot be restored by the removal of
individuals who are disrupting the meeting, the Board meeting will be
continued under the provisions of Government Code §54957.9
2.8 Limitations (Government Code §59454.3(c)). The Rules of Decorum shall not be
interpreted to prohibit public criticism of the policies, procedures, programs or
services of the District.
2.9 The Chair, or in his/her absence the Vice Chair, or if both are absent, the Chair's
designee as provided by Paragraph 1.3, shall be the presiding officer at District Board
meetings. He/she shall conduct all meetings in a manner consistent with the policies
of the District. He/she shall determine the order in which agenda items shall be
considered for discussion and/or actions taken by the Board. He/she shall announce
the Board's decision on all subjects. He/she shall vote on all questions and on roll
call votes his/her name shall be called last.
2.10 Two (2} Directors of the Board shall constitute a quorum for the transaction of
business. When a quorum is lacking for a regular, adjourned, or special meeting, the
Chair, Vice Chair, or any Director shall adjourn such meeting; or, if no Director is
present, the District Secretary shall adjourn the meeting.
Page4 of12
Item 11.b. - Page 15
SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT
DIRECTOR BYLAWS
JULY 2017 UPDATE
2.11 Except as otherwise specifically provided by law, a majority vote of the total
membership of the Board of Directors is required for the Board of Directors to take
action.
2.12 A roll call vote shall be taken upon the passage of all ordinances and resolutions, and
shall be entered in the Minutes of the Board, showing those Directors voting aye,
those voting no, those not voting because of a conflict of interest, and absent.
A roll call vote shall be taken and recorded on any motion not passed unanimously
by the Board. Silence shall be recorded as an affirmative vote.
2.13 Any person attending a meeting of the Board of Directors may record the proceedings
with an audio or video tape recorder or a still or motion picture camera in the
absence of a reasonable finding that the recording cannot continue without disruptive
noise, illumination, or obstruction of view that constitutes or would constitute a
disruption of the proceedings.
2.14 All video tape recorders, still and/or motion picture cameras shall remain stationary
and shall be located and operated from behind the public speaker's podium once
the meeting begins. The Chair retains the discretion to alter these guidelines,
including the authority to require that all video tape recorders, still and/or motion
picture cameras be located in the back of the room.
3. ETHICS TRAINING
3.1 Pursuant to sections 53234 et seq. of the Government Code all Directors and
designated District personnel shall receive at least 2 hours of ethics training
every two years.
3.2 Each newly appointed Board member will receive such training from their Agency.
Each newly designated District personnel shall receive ethics training no later
than one year from the first day of service with the District and thereafter shall
receive ethics training at least once every two years.
4. AGENDAS
4.1 The District Administrator, in cooperation with the Board Chair, shall prepare
the agenda for each regular and special meeting of the Board of Directors.
Any Director may call the District Administrator and request an item to be placed
on the regular meeting agenda no later than 5 p.m. 11 calendar days prior to
the meeting date. Such a request must also be submitted in writing either at the
time of communication with the District Administrator or delivered to the office
within the next working day.
4.2 A block of twenty (20) minutes time shall be set aside to receive general public
comment. Comments on agendized items should be held until the appropriate
item is called. Unless otherwise directed by the Chair, public comment shall be
presented from the podium. The person giving public comment shall state his/her
name and whether or not he/she lives within the District boundary prior to giving
his/her comment. Public comment shall be directed to the Chair of the Board
and limited to three (3) minutes unless extended or shortened by the Chair at
his/her discretion.
4.3 Those items on the District Agenda which are considered to be of a routine and
non-controversial nature are placed on the "Consent Agenda". These items shall
be approved, adopted, and accepted, etc. by one motion of the Board of Directors;
Pages of12 Item 11.b. - Page 16
SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT
DIRECTOR BYLAWS
JULY 2017 UPDATE
for example, approval of Minutes, approval of Warrants, various Resolutions
accepting developer improvements, minor budgetary items, status reports, and
routine District operations.
(a) Directors may request that any item listed under "Consent
Agenda" be removed from the "Consent Agenda", and the Board
will then take action separately on that item. Members of the
public will be given an opportunity to comment on the "Consent
Agenda"; however, only a member of the Board of Directors can
remove an item from the "Consent Agenda". Items which are
removed ("pulled") by Directors of the Board for discussion will
typically be heard after other "Consent Agenda" items are
approved unless a majority of the Board chooses an earlier or
later time.
(b) A Director may ask questions on any item on the "Consent
Agenda". When a Director has a minor question for clarification
concerning a consent item which will not involve extended
discussion, the item may be discussed for clarification and the
questions will be addressed along with the rest of the "Consent
Agenda". Directors are encouraged to seek clarifications prior to
the meeting if possible.
(c) When a Director wishes to considerf'pull" an item simply to
register a dissenting vote, or conflict of interest, the Director shall
inform the presiding officer that he/she wishes to register a
dissenting vote, or conflict of interest, on a particular item without
discussion. The item will be handled along with the rest of the
Consent Agenda, and the District Secretary shall register a "no"
vote, or conflict of interest, in the Minutes on the item identified by
the Director.
5. PREPARATION OE MINUTES AND MAINTENANCE OF TAPES
5.1 The minutes of the Board shall be kept by the District Secretary and shall be
neatly produced and kept in a file for that purpose, with a record of each particular
type of business transacted set off in paragraphs with proper subheads;
5.2 The minutes of the Board of Directors shall record the aye and no votes taken by
the members of the Board of Directors for the passage or denial of all
ordinances, resolutions or motions.
5.3 The District Secretary shall be required to make a record only of such business
as was actually considered by a vote of the Board and, except as provided
in Sections 5.4 and 5.6 below, shall not be required to record any remarks
of Directors or any other person;
5.4 Any Director may request for inclusion into the Minutes brief comments pertinent
to an agenda item, only at the meeting in which the item is discussed. In
addition, the minutes shall include brief summaries of public comment, the District
Administrator's report, matters of concern to District legal counsel, District
committee reports, and Directors' reports. Materials submitted with such
comments shall be appended to the minutes at the request of the District
Administrator, District Counsel, the Board Chair, or any Director.
Page6 ofl2
Item 11.b. - Page 17
SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT
DIRECTOR BYLAWS
JULY 2017 UPDATE
5.5 The District Secretary shall attempt to record the names and general place of
residence of persons addressing the Board, the title of the subject matter to
which their remarks related, and whether they spoke in support or opposition to
such matter.
5.6 Whenever the Board acts in a quasi-judicial proceeding such as in assessment
matters, the District Secretary shall compile a summary of the testimony of the
witnesses.
6. DIRECTORS
6.1 Directors shall prepare themselves to discuss agenda items at meetings of the
Board of Directors.
6.2 Members of the Board of Directors shall exercise their independent judgment on
behalf of the interest of the entire District, including the residents, property owners
and the public as a whole.
6.3 Information may be requested from staff or exchanged between Directors before
meetings, within such limitations as required by the Brown Act. Information that
is requested or exchanged shall be distributed through the District Administrator,
and all Directors will receive a copy of all information being distributed.
6.4 Directors should at all times conduct themselves with courtesy to each other,
to staff and to members of the audience present at Board meetings.
6.5 Differing viewpoints are healthy in the decision-making process. Individuals have
the right to disagree with ideas and opinions. Civil discourse is encouraged.
Once the Board of Directors takes action, dissenting Directors should not
c re ate barriers to the implementation of said action.
6.6 Except during open and public meetings the use of direct communication,
personal intermediaries, or technological devices that is employed by a majority
of the Directors to develop a collective concurrence as to action to be taken on
an item by the Board of Directors is prohibited.
6. 7 Directors shall not be prohibited by action of the Board of Directors from citing his
or her District affiliation or title in any endorsement or publication, so long as no
misrepresentation is made, or implied, about the District's position on the issue.
6.8 Directors are cautioned when using e-mail communications. Any communication
from the District Administrator, or the District's legal counsel, or from other
members of the Board of Directors, in each case the Director in responding to
that e-mail shall not respond to "all", as that could constitute a violation of the
Brown Act for a serial meeting or other provisions.
6.9 Any Director may complain to the District about another Director's conduct.
The complaint shall be made in writing and forwarded to the District Administrator
and District Counsel along with $Upporting information. Within five days, the District
will notify the accused Director in writing the substance of the complaint and
supporting information. The notice shall also specify that the accused Director has
five days to respond with supporting information.
The District Administrator and Counsel shall review the submitted information,
Page7of12
Item 11.b. - Page 18
SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT
DIRECTOR BYLAWS
JULY 2017 UPDATE
investigate further as needed, and forward a preliminary report to the District Board.
The District Board may:
• Do nothing;
• Direct staff to place the matter on a regular meeting agenda;
• Take action in open session at a regular meeting concerning the
complaint. Any action taken shall be by resolution and shall be
consistent with elected officials' right to free speech.
• Potential actions include, but are not limited to: finding the complaint
unfounded, expressing a legislative opinion concerning behavior, and
issuing an official reprimand (censure) concerning inappropriate
behavior.
7. AYTHORITY OF DIRECTORS
7 .1 The Board of Directors is the unit of authority within the District. Apart from
his/her normal function as a part of this unit, Directors have no individual authority.
As individuals, Directors may not commit the District to any policy, act or
expenditure.
7 .2 Directors do not represent any fractional segment of the community but are,
rather, a part of the body which represents and acts for the community as a
whole.
7 .3 The primary responsibility of the Board of Directors is the formulation and
evaluation of policy. Routine matters concerning the operational aspects of the
District are to be delegated to professional staff members of the District.
7 .4 Directors, when attending other meetings, may refer to their affiliation as a
member of the Board of Directors and may make statements on their own behalf
or endorsements on their own behalf as long as there is no misrepresentation
made or implied about the District's position in regards to the issue presented.
8. AYTHORITY Of THE QISTRICT AQMINISTRATOR
The District Administrator shall be responsible for all of the following:
8.1 The implementation of the policies established by the Board of Directors for the
operation of the District.
8.2 The appointment, supervision, discipline, and dismissal of the District's
employees, consistent with the District's Personnel Policies as established by the
Board of Directors.
8.3 The supervision of the District's facilities and services.
8.4 The supervision of the District's finances.
9. DIRECTOR GUIDELINES
9.1 Directors, by making a request to the District Administrator, shall have access
to information relative to the operation of the District, including but not limited
to statistical information, information serving as the basis for certain actions of
Staff, justification for Staff recommendations, etc. If the District Administrator
Page8 of12
Item 11.b. - Page 19
SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT
DIRECTOR BYLAWS
JULY 2017 UPDATE
cannot timely provide the requested information by reason of information
deficiency, or major interruption in work schedules, workloads, and priorities, then
the District Administrator shall inform the individual Director why the information is
not or cannot be made available.
9~2 In handling complaints from residents or property owners within the District, or
other members of the public, Directors are encouraged to listen carefully to the
concerns, but the complaint should be referred to the District Administrator for
processing and the District's response, if any.
9.3 Directors, when seeking clarification of policy-related concerns, especially those
involving personnel, legal action, land acquisition and development, finances,
and programming, should refer said concerns directly to the District Administrator.
9.4 When approached by District personnel concerning specific District policy,
Directors should direct inquiries to the District Administrator. The chain of
command should be followed.
9.5 Directors and District Administrator should develop a working relationship so
that current issues, concerns and District projects can be discussed comfortably
and openly.
9.6 When responding to constituent request and concerns, Directors should respond
to individuals in a positive manner and route their questions to the District
Administrator.
9.7 Directors are responsible for monitoring the District's progress in attaining its
goals and objectives, while pursuing its mission.
9.8 No member may participate in a hearing or take action on an item which creates
an economic conflict of interest for the member. Where there is an economic
conflict of interest, the conflicted member shall announce the nature of the conflict
of interest and recuse himself or herself from the hearing or deciding the matter
and thereon step down from the dais and leave the room until the matter has been
fully considered and voted upon, or otherwise continued.
10. DIRECTOR coMeENSATION
10.1 Each Director is authorized to receive one hundred dollars ($100.00) as
compensation for each regular, adjourned or special meeting of the Board of
Directors attended by him/her.
10.2 Each Director is authorized to receive one hundred dollars ($100) per day as
compensation for representation of the District at a public meeting or public
hearing conducted by another public agency and/or participation in a training
program on a topic that is directly related to the District, provided that the Board
of Directors has previously approved the member's participation at a Board of
Director's meeting and the member delivers a written report to the Board of
Directors at the District's next regular meeting regarding the member's
participation.
10.3 In no event, shall Director Compensation exceed $100 per day.
10.4 Director compensation shall not exceed six full days in any one calendar month.
Page9 of12 Item 11.b. - Page 20
SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT
DIRECTOR BYLAWS
JULY 2017 UPDATE
11. DIRECTOR REIMBURSEMENT
11.1 Each Director is entitled to reimbursement for their actual and necessary
expenses, including the cost of programs and seminars, incurred in the
performance of the duties required or authorized by the Board.
(a) It is the policy of the District to exercise prudence with respect to
hotel/motel accommodations. It is also the policy of the District for
Directors and staff to stay at the main hotel/motel location of a
conference, seminar, or class to gain maximum participation and
advantage of interaction with others whenever possible.
If lodging is in connection with a conference or organized
education activity, lodging costs shall not exceed the maximum
group rate published by the conference or activity sponsor,
provided that lodging at the group rate is available to the member
of the Board of Directors at the time of booking. If the group rate
is not available, the Director shall use lodging that is comparable
with the group rate. Personal phone calls, room service, and other
discretionary expenditures are not reimbursable.
(b) Members of the Board of Directors shall use government and
group rates offered by a provider of transportation for travel when
available. · Directors using his/her private vehicle on District
business, shall be compensated at the prevailing IRS per diem
mileage rate.
(c) Any Director traveling on District business shall receive in addition
to transportation and lodging expenses, a per diem allowance to
cover ordinary expenses such as meals, refreshments and tips.
The amount set for per diem shall be considered fair
reimbursement. The per diem shall include $10.00 for breakfast,
$10.00 for lunch, $20.00 for dinner, for a daily total of $40.00.
(d) All travel and other expenses for District business, conferences, or
seminars outside of the State of California shall require separate
Board authorization, with specific accountability as to how the
District shall benefit by such expenditure.
11.2 All expenses that do not fall within the reimbursement policy set forth in 11.1,
above, shall be approved by the Board of Directors, at a public meeting, before
the expense is incurred.
11.3 Board members shall submit an expense report on the District form within ten
(10) calendar days after incurring the expense. The expense report shall be
accompanied by receipts documenting each expense except for per diem
allowances.
11.4 Members of the Board of Directors shall provide brief reports on meetings attended
at the expense of the District at the next regular meeting of the Board of Directors.
12. CORRESPONQENCE DISTRIBUTION POLICY
Time permitting, the following letters and other documents shall be accumulated and
delivered to the Board of Directors on Monday of each week and/or with agenda packet.
Page10of12 Item 11.b. - Page 21
SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT
DIRECTOR BYLAWS
JULY 2017 UPDATE
12.1 All letters approved by the Board of Directors and/or signed by the Chair on
behalf of the District; and
12.2 All letters and other documents received by the District that are of District-wide
concern, as determined by District staff.
13. CONFLICTS AND RELATED POLICY
State laws are in place which attempt to eliminate any action by a Director or the District
which may reflect a conflict of interest. The purpose of such laws and regulations is to
ensure that all actions are taken in the public interest. Laws which regulate conflicts are
very complicated. The following provides a brief policy summary of various conflict
related laws. Directors are encouraged to consult with District Legal Counsel and/or the
Fair Political Practices Commission ( FPPC} at 1-800-ASK-FPPC (1-800-275-3772},
prior to the day of the meeting, if they have questions about a particular agenda item.
13.1 Conflict of Interest
Each Director is encouraged to review the District Conflict Code on an annual
basis. The general rule is that an official may not participate in the making of a
governmental decision if it is: reasonably foreseeable that the decision will have
a material financial effect on the official or a member of his or her immediate
family or on an economic interest of the official, and the effect is distinguishable
from the effect on the public generally. Additionally, the FPPC regulations relating
to interests in real property have recently been changed. If the real property
in which the Director has an interest is located within 500 feet of the boundaries
of the property affected by decision, that interest is now deemed to be directly
involved in the decision.
13.2 Interest in Contracts, Government Codes Section 1090
The prohibitions of Government Code Section 1090 provide that the Board of
Directors may not contract with any business in which another Director has a
financial interest.
13.3 Incompatible Office
The basic rule is that public policy requires that when the duties of two offices are
repugnant or overlap so that their exercise may require contradictory or
inconsistent action, to the detriment to the other public interest, their discharge by
one person is incompatible with that interest. When a Director is sworn in for
such a second office, he/she is simultaneously terminated from holding the first
office.
14. EVALUATION OE CONSULTANTS
The District's legal counsel shall be evaluated by the Board of Directors annually during
the months of May or June of each year.
15. CONTINUING EDUCATION
Directors are encouraged to attend educational conferences and professional meetings
when the purposes of such activities are to improve District operation. Subject to
Page 11 of12 Item 11.b. - Page 22
SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT
DIRECTOR BYLAWS
JULY 2017 UPDATE
budgetary constraints, there is no limit to the number of Directors attending a particular
conference or seminar when it is apparent that their attendance is beneficial to the
District.
16. BOARD BYLAWS REVIEW POLICY
The Board Bylaws Policy shall be reviewed annually at the first regular meeting in
February. The review shall be provided by District Counsel and ratified by Board action.
17. RESTRICTIONS ON RULES
The rules contained herein shall govern the Board in all cases to which they are
applicable, and in which they are not inconsistent with State or Federal laws.
Page 12 ofl2 Item 11.b. - Page 23
ATTACHMENT 5
Item 11.b. - Page 24
Item 11.b. - Page 25
Item 11.b. - Page 26
Item 11.b. - Page 27
Item 11.b. - Page 28
Item 11.b. - Page 29
Item 11.b. - Page 30
Item 11.b. - Page 31
Item 11.b. - Page 32
Item 11.b. - Page 33
Item 11.b. - Page 34
Item 11.b. - Page 35
Item 11.b. - Page 36
Item 11.b. - Page 37
Item 11.b. - Page 38
Item 11.b. - Page 39
Item 11.b. - Page 40
Item 11.b. - Page 41
Item 11.b. - Page 42
Item 11.b. - Page 43
Item 11.b. - Page 44
ATTACHMENT 6
Item 11.b. - Page 45
Item 11.b. - Page 46
Item 11.b. - Page 47
Item 11.b. - Page 48
Item 11.b. - Page 49
Item 11.b. - Page 50
Item 11.b. - Page 51
Item 11.b. - Page 52
Item 11.b. - Page 53
Item 11.b. - Page 54
Item 11.b. - Page 55
Item 11.b. - Page 56
Item 11.b. - Page 57
Item 11.b. - Page 58
Item 11.b. - Page 59
Item 11.b. - Page 60
Item 11.b. - Page 61
Item 11.b. - Page 62
Item 11.b. - Page 63
Item 11.b. - Page 64
Item 11.b. - Page 65
Item 11.b. - Page 66
Item 11.b. - Page 67
Item 11.b. - Page 68
Item 11.b. - Page 69
Item 11.b. - Page 70
Item 11.b. - Page 71
Item 11.b. - Page 72
Item 11.b. - Page 73
Item 11.b. - Page 74
Item 11.b. - Page 75
Item 11.b. - Page 76
Item 11.b. - Page 77
Item 11.b. - Page 78
Item 11.b. - Page 79
Item 11.b. - Page 80
Item 11.b. - Page 81
Item 11.b. - Page 82
Item 11.b. - Page 83
Item 11.b. - Page 84
Item 11.b. - Page 85
Item 11.b. - Page 86
Item 11.b. - Page 87
Item 11.b. - Page 88
Item 11.b. - Page 89
Item 11.b. - Page 90
CITY OF ARROYO GRANDE
·ADMINISTRATIVE POLICIES AND PROCEDURES
CONTENTS
SECTION A -ADMINISTRATIVE
A-001 ADMINISTRATIVE POLICIES AND PROCEDURES MANUAL
A-002 MISSION AND VALUE STATEMENTS I CUSTOMER SERVICE
PHILOSOPHY
A-003 DISTRIBUTION OF CITY COUNCIL AGENDA PACKETS
A-004 CITY COUNCIL AGENDAS, AGENDA ITEMS AND STAFF
REPORTS
A-005 ACCEPTANCE OF GIFTS OR GRATUITIES
A-006 INCIDENT REPORTING
A-007 COMMUNICATIONS EQUIPMENT
A-008 COPYING POLICY
A-009 FACSIMILE MACHINE USAGE
A-010 USE OF CITY VEHICLES
A-011 MILEAGE REIMBURSEMENT
A-012 TRAVEL
A-013 GRANT PROGRAMS
A-014 VIOLENCE IN THE WORKPLACE
A-015 TAPENIDEO RECORDINGS
A-016 INFORMATION SYSTEMS
A-017 CONSERVATION OF OFFICE PAPER
A-018 CITY SPONSORED MEMBERSHIPS
ATTACHMENT 7
Item 11.b. - Page 91
SECTION A-ADMINISTRATIVE (continued)
A-019
A-020
A-021
A-022
A-023
A-024
A-025
A-026
A-027
A-028
A-029
A-030
A-031
A-032
A-033
A-034
A-035
USE OF CITY COUNCIL CHAMBERS AND COUNCIL
CONFERENCE ROOM
FLAG PROTOCOL
VOICE MAIL
GUIDELINES FOR COMMUNITY SERVICE GRANTS
EMPLOYEE INVOLVEMENT IN POLITICAL ACTIVITIES
NEWS MEDIA CONTACT AND RELATIONS
WEBSITE
GOVERNMENT CABLE ACCESS CHANNEL OPERATIONS
PROJECT MANAGEMENT AND COORDINATION GUIDELINES
RESPONSE TO SUBPOENAS
REQUESTS FOR SERVICE AND COMPLAINTS
ETHICAL STANDARDS
MEAL REIMBURSEMENT
SMOKING AND TOBACCO USE
SOCIAL MEDIA
WIRELESS ACCESS
REMOTE ACCESS TO EMAIL
SECTION 8 -PERSONNEL
B-001 PERSONNEL ACTION FORM
B-002 REQUEST FOR OR REPORT OF LEAVE OF ABSENCE
B-003 OBSERVANCE OF WORK HOURS
B-004 WORK BREAKS
Item 11.b. - Page 92
SECTION B -PERSONNEL (continued)
B-005 ACCEPTABLE APPAREUGROOMING
B-006 USE OF INTOXICATING SUBSTANCES
B-007 EMPLOYEE RECOGNITION PROGRAM
B-008 EMPLOYEE SUGGESTION AWARD PROGRAM
B-009 DRUG AND ALCOHOL TESTING UNDER DOT REGULATIONS
B-010 RELEASE OF INFORMATION ON PERSONNEL ACTIONS OR
MATTERS INVOLVING DISCIPLINE
B-011 WITNESS FEES
B-012 STAND-BY ASSIGNMENT
B-013 ORAL APPRAISAL BOARD MEMBERS
B-014 LIGHT OR MODIFIED DUTY
B-015 BLOOD-BORNE PATHOGENS
B-016 OUTSIDE EMPLOYMENT
B-017 CONFLICT OF INTEREST PROCEDURE
B-018 CITY PERSONNEL FILES
B-019 SUMMER DRESS CODE POLICY
B-020 OCCUPATIONAL INJURY/ILLNESS POLICY
B-021 RECRUITMENT PROCEDURES
B-022 PROMOTIONAL RECRUITME~T PROCEDURES
B-023 FAMILY CARE AND MEDICAL LEAVE
B-024 SUBSTANCE ABUSE TESTING
B-025 PREGNANCY DISABILITY LEAVE
B-026 COBRA NOTIFICATION
B-027 ELECTED OFFICIALS RETIREMENT BENEFITS
Item 11.b. - Page 93
SECTION 8 -PERSONNEL (continued)
B-028 DISASTER RESPONSE REPORTING FOR DUTY/RECALL
B-029 INJURY AND ILLNESS PREVENTION PROGRAM
SECTION C -PURCHASING/FINANCE
C-001 PURCHASING PROCEDURES -SUPPLIES & EQUIPMENT
OVER-THE-COUNTER PURCHASES (LESS THAN $7,500)
C-002 PURCHASING PROCEDURES -SUPPLIES & EQUIPMENT
OPEN MARKET PURCHASES ($2,000 -$5,000)
C-003 SPECIFICATIONS -STANDARDS FOR BID SPECIFICATIONS
FOR USE IN PURCHASES
C-004 REQUIREMENTS AND PROCEDURES FOR USE OF CITY
CREDIT CARDS
C-005 BUDGET AMENDMENTS
C-006 EVALUATION CRITERIA FOR REPLACEMENT OF STANDARD
EQUIPMENT
C-007 EVALUATION CRITERIA FOR REPLACEMENT OF SPECIALIZED
EQUIPMENT/MACHINERY
C-008 EMPLOYEE PERSONAL PROPERTY CLAIMS
Item 11.b. - Page 94
ATTACHMENT 8
Item 11.b. - Page 95
Item 11.b. - Page 96
Item 11.b. - Page 97
Item 11.b. - Page 98
CITY OF MOUNTAIN VIEW
CITY COUNCIL
CODE OF CONDUCT
ADOPTED
NOVEMBER 19, 2002
REVISED
JUNE 23, 2015
ATTACHMENT 9
Item 11.b. - Page 99
TABLE OF CONTENTS
CHAPTER 1-FORM OF GOVERNMENT
1.1 Form of Government ............................................................................................... 1
CHAPTER 2-COUNCIL POWERS AND RESPONSIBILITIES
2.1 City Council Generally ............................................................................................ 3
2.2 Mayor and Vice Mayor-Appointment, Power, and Dutj.es ............................. 3
2.3 Coilncil Actions ........................................................................................................ 4
2.4 Councilmember Committees .................................................................................. 4
2.5 Establishment and Appointment of Council Advisory Bodies ......................... 6
CHAPTER 3-LEGAL AND ETHICAL STANDARDS
3.1 Preamble .................................................................................................................... 7
3.2 Public Interest ........................................................................................................... 7
3.3 Conduct ..................................................................................................................... 8
3.4 Conflict of Interest. ................................................................................................... 9
3.5 Compliance and Enforcement-All Rules ......................................................... 19
3.6 AB 1234-Required Ethics Training .................................................................... 21
CHAPTER 4-COMMUNICATIONS
4.1 Written Communications ..................................................................................... 23
4.2 Request for Staff Resources .................................................................................. 23
4.3 Relationship/ Communications with Staff ......................................................... 23
4.4 Council Relationship/Communication with Council Advisory Bodies ........ 24
4.5 Handling of Litigation and Other Confidential Information .......................... 25
4.6 Representing an Official City Position ................................................................ 25
4.7 Quasi-Judicial Role/Ex Parle Contacts ............................................................... 26
4.8 No Attorney-Client Relationship ......................................................................... 26
CHAPTER 5-COUNCIL ADVISORY BODIES
5.1 Boards, Commissions, and Committees Generally ........................................... 27
5.2 Board, Commission, and Committee Organization and Conduct. ................. 27
5.3 Board, Commission, and Committee Appointments ....................................... 28
5.4 Boards, Commissions, and Committees-Vacancy of Office .......................... 29
CHAPTER 6-MEETINGS
6.1. Ralph M. Brown Act .............................................................................................. 30
6.2 Regular Meetings ................................................................................................... 30
6.3 Study Sessions ........................................................................................................ 30
6.4 Closed Sessions ....................................................................................................... 30
CLK/7 /Council Code of Conduct
610-06-23-lSCoC -i-
Item 11.b. - Page 100
6.5 Special and Emergency Meetings ........................................................................ 31
6.6 Meeting Agendas ................................................................................................... 31
6.7 Rules of Procedure ................................................................................................. 35
6.8 Decorum .................................................................................................................. 35
6.9 Time of Adjournment ............................................................................................ 35
6.10 Agenda Packets ........................................... ,. .......................................................... 36
CHAPTER 7-COUNCIL FINANCIAL MATTERS
7.1 Compensation ......................................................................................................... 37
7.2 Benefits .................................................................................................................... 37
7.3 City Council Budget and Expenses ..................................................................... 37
CLK/7 /Council Code of Conduct
610-06-23-lSCoC -ii-
Item 11.b. - Page 101
CHAPTER 1-FORM OF GOVERNMENT
1.1 Form of Government
1.1.1 The City of Mountain View municipal government operates under a
council-manager form of government as established by the City Charter.
1.1.2 Under this form of government, the Council provides legislative direction,
sets City policy and monitors its execution by City staff. The City
Manager serves as the City's chief administrative officer and is responsible
for directing the day-to-day operations of the City.
1.1.3 The key provisions that outline Mountain View's council-manager form of
government are found in Section 607 of the City Charter.
"Neither the Council nor any of its members shall interfere with
the execution by the City Manager of the City Manager's
powers and duties, or order, directly or indirectly, the
appointment by the City Manager or by any of the department
heads in the administrative service of the City, of any person to
any office or employment, or that person's removal therefrom.
Except for the purpose of inquiry, the Council and its members
shall deal with the administrative service solely through the
City Manager and neither the Council nor any member thereof
shall give orders to any subordinate of the City Manager, either
publicly or privately."
Specifically, Section 607 of the City Charter includes the following
provisions:
1.1.3.1
1.1.3.2
1.1.3.3
Prohibits interference by either the City Council or any of its
members with the City Manager's execution of his or her
powers or duties.
Neither the Council nor a member shall interfere with the
appointment by the City Manager of any of the department
heads or any person to any office or employment
Neither the Council nor any of its members shall interfere with
the City Manager's power to remove any of those persons.
CLK/7 /Council Code of Conduct
610-06-23-lSCoC -1-
Item 11.b. - Page 102
1.1.3.4 Except for purposes of inquiry (asking questions), the Council
and its members shall deal only with the City Manager with
respect to the administrative service of the City.
NOTE: See Chapter 4, Communications, for additional
information regarding communications with staff.
1.1.3.5 Neither the Council nor any of its members shall give orders to
any subordinate of the City Manager, either publicly or
privately.
1.1.4 Neither the City Council nor any of its members shall interfere with the
administration of the City Attorney's or City Oerk's duties or give orders
to the subordinates of the City Attorney or City Oerk.
CLK/7 /Council Code of Conduct
610-06-23-15CoC -2-
Item 11.b. - Page 103
CHAPTER 2-COUNCIL POWERS AND RESPONSIBILITIES
2.1 City Council Generally
2.1.1 The City Council has the power, in the name of the Oty, to do and
perform all acts and things appropriate to a municipal corporation and the
general welfare of its inhabitants, which are not specifically prohibited by
the constitution, the Oty Charter, or State or Federal laws.
2.1.2 The Council acts as a body. Policy is established by majority vote. A
decision of the majority binds the Council to a course of action. The
Council majority may be a majority of the quorum of the Council.
2.1.3 No Councilmember has extraordinary powers beyond those of other
members (except as may otherwise be provided in State law). All
members, including the Mayor, have equal powers.
2.1.4 No member of the Council is permitted to hold any other City office or
City employment (except as may otherwise be provided in the City
Charter).
2.1.5 Councilmembers also serve as members of the Mountain View Capital
Improvements Financing Authority, Successor Agency of the Mountain
View Revitalization Authority, City of Mountain View Downtown
Parking, Maintenance and Operations Assessment District, and Mountain
View Shoreline Regional Park Community.
2.2 Mayor and Vice Mayor-Appointment, Power, and Duties
2.2.1 The selection of the Mayor and Vice Mayor occurs annually at the first
Council meeting in January by majority vote of the Oty Council. City
Council Policy A-6, Election of Mayor and Vice Mayor, sets forth
nonbinding guidelines for the selection of the Mayor and Vice Mayor.
2.2.2 The Mayor is the presiding officer of the City Council. In the Mayor's
absence, the Vice Mayor shall perform the duties of the Mayor.
2.2.3 The Mayor is the official head of the City for all ceremonial purposes.
CLK/7 /Council Code of Conduct
610-06-23-lSCoC -3-
Item 11.b. - Page 104
2.2.4 The Mayor may perform such other duties consistent with the mayoral
office as may be prescribed by the City Charter or as may be imposed by
the Council.
2.2.5 The Mayor does not possess any power of veto.
2.2.6 The Mayor, or Council designee, coordinates with the City Manager in the
development of agendas for meetings of the City Council. Once the
agenda is published, the City Manager may withdraw an item; however,
only the City Council may otherwise alter the agenda.
2.2.7 The Mayor and Yice Mayor serve at the pleasure of the Council and can be
replaced at any time by a majority vote of the Council.
2.3 Council Actions
2.3.1 Legislative actions by the City Council can be taken by means of
ordinance, resolution, or minute action duly made and passed by the
majority (unless otherwise provided).
2.3.2 Public actions of the Council are recorded in the minutes of the City
Council meeting. The City Oerk is required to make a record only of
business actually passed upon by a vote of the Council and is not required
to record any remarks of Councilmembers or of any other person, except
at the special request of a Councilmember, with the consent of the
Council.
2.3.3 Actions of the Council concerning confidential property, personnel,
and/ or legal matters of the City are to be reported consistent with State
law.
2.4 Councilmember Committees (Refer to City Council Policy A-13, City Council
Meetings, Section 16, and City Council Policy A-23, Work Item Referral Process for
Council Advisory Bodies and Councilmember Committees)
2.4.1 The City Council may organize itseH into standing and/ or special/ ad hoc
committees of the Council to facilitate Council review and action
regarding certain matters referred to them by the City Council or in
accordance with City Council Policy A-23, Work Item Referral Process for
Council Advisory Bodies and Councilmember Committees.
2.4.2 All work undertaken by a ~ouncilmember committee must originate with
the Council or as permitted under City Council Policy A-23, Work Item
CLK/7 /Council Code of Conduct
610-06-23-lSCoC -4-
Item 11.b. - Page 105
Referral Process for Council Advisory Bodies and Councilmember
Committees, and all actions of committees shall be reported to the
Council.
2.4.3 The Council may create or dissolve standing committees at any time by
the affirmative vote of a majority of the CoUI}Cil.
2.4.4 The Mayor annually appoints members to standing committees.
2.4.5 The Council or the Mayor may create special or ad hoc committees. The
Mayor appoints members to special or ad hoc committees.
2.4.6 The Council may dissolve special or ad hoc committees.
2.4.7 If permitted by the Ralph M. Brown Act, other members of the Council
not assigned to a committee may attend meetings of a committee, as an
observer, however, they shall be seated with the audience and may not
participate in any manner or address the committee.
2.4.8 If an absence is anticipated on a committee and that absence may impede
the work of the committee, the committee chair or other member may
request that the Mayor designate another member of the Council to attend
for the absent member and serve as an alternate member of the committee,
provided that the member's attendance, in the opinion of the City
Attorney, will comply with the Brown Act. The term for service by the
alternate member will be the term designated in the appointment, or for
one meeting, if no term is specified.
q.,K/7 /Council Code of Conduct
610-06-23-lSCoC -5-
Item 11.b. - Page 106
2.5 Establishment and Appointment of Council Advisory Bodies
2.5.1 The Mountain View City Charter requires a Planning Commission,
Recreation and Parks Commission, and Library Board (refer to Mountain
View City Charter, Article IX).
0
2.5.2 The City Council may also establish by ordinance or resolution, boards,
commissions, and committees to assist the Council in making its policy·
decisions.
2.5.3 The rules of procedure and code of conduct that govern the City Council
apply with equal force to all Council advisory bodies.
NOTE: See Chapter 5, Council Advisory Bodies, for additional
information regarding boards, commissions, and committees.
·r
CLK/7 /Council Code of Conduct
610-06-23-lSCoC -6-
Item 11.b. - Page 107
CHAPTER 3-LEGAL AND ETIIlCAL STANDARDS
3.1 Preamble
The residents and businesses of Mountain View are entitled to have fair, ethical,
and accountable local government. Such a government requires that public
officials:
• Comply with both the letter and the spirit of the laws and policies
affecting operations of the government;
• · Be independent, impartial, and fair in their judgment and actions;
• Use their public office for the public good, I)Ot for personal gain; and
• Conduct public deliberations and processes openly, unless legally
confidential, in an atmosphere of respect and civility.
To this end, the Mountain View City Council has adopted a code of ethics to
encourage public confidence in the integrity of local government and its fair and
effective operation.
This City Council code of ethics shall reside in two documents -the City Council
Code of Conduct and the City Council Personal Code of Conduct. The City
Council Code of Conduct and the Personal Code of Conduct shall not be
interpreted to conflict with other rights and responsibilities of public officials set
forth in this code or Federal, State, or local law. The City Council Code of Conduct
shall be considered to be the definitive document relating to ethical conduct by
Mountain View Councilmembers. The Personal Code of Conduct shall be
considered to be a summary of the full City Council Code of Conduct.
3.2 Public Interest
3.2.1 Recognizing that stewardship of the public interest must be their primary
concern, Councilmembers shall work for the common good of the people
of Mountain View and not for any private or personal interest.
Councilmembers must endeavor to treat all members of the public and
issues before them in a fair and equitable manner.
3.2.2 Councilmembers shall comply with the laws of the nation, the State of
California, and the City in the performance of their public duties. These
laws include, but are not limited to: the United States and California
constitutions; the Mountain View City Charter; laws pertaining to
conflicts of interest, election campaigns, financial disclosures, employer
CLK/7 /Council Code of Conduct
610-06-23-lSCoC -7-
Item 11.b. - Page 108
responsibilities, and open processes of government; and City ordinances
and policies.
3.3 Conduct
3.3.1 Councilmembers shall refrain from abusive conduct, personal charges, or
verbal attacks upon the character or motives of other members of the City
Council, boards, commissions, committees, staff, or the public.
3.3.2 Councilmember duties shall be performed in accordance with the
processes and rules of <?rder established by the City Council.
3.3.3 Councilmembers shall inform themselves on public issues, listen
attentively to public discussions before the body, and focus on the
business at hand.
3.3.4 Council decisions shall be based upon the merits and substance of the
matter at hand.
3.3.5 It is the responsibility of Councilmembers to publicly share substantive
information that is relevant to a matter under consideration that they have
received from sources outside of the public decision-making process with
all other Councilmembers and the public prior to taking action on the
matter.
3.3.6 Appropriate City staff should be involve4 when Councilmembers meet
with officials from other agencies and jurisdictions to ensure proper staff
support as needed and to keep staff informed.
3.3.7 Councilmembers shall not attend internal staff meetings or meetings
between City staff and third parties unless invited by City staff or directed
by Council to do so.
3.3.8 Policy Role
3.3.8.1
3.3.8.2
Councilmembers shall respect and adhere to the council-
manager structure of Mountain View City government as
provided in State law and the City Charter.
Councilmembers shall support the maintenance of a positive
and constructive environment for residents, businesses, and
City employees.
CLK/7 /Council Code of Conduct
610-06-23-lSCoC -8-
Item 11.b. - Page 109
3.3.9 Implementation
3.3.9.1 Ethics standards shall be included in the regular orientations for
City Council candidates. Councilmembers entering office and
upon reelection to that office shall sign a: City Council Personal
Code of Conduct statement (Attachment 1) affirming they have
read and understand this City of Mountain View City Council
Code of Conduct.
3.4 Conflict of Interest
3.4.1 In order to assure their independence and impartiality on behalf of the
public good, Councilmembers are prohibited from using their official
positions to influence government decisions in which they have a financial
interest or where they have an organizational responsibility or a personal
relationship that would present a conflict of interest under applicable
State law.
3.4.2 In accordance with State law, Councilmembers must file annual written
disclosures of their economic interests.
3.4.3 Councilmembers shall not take advantage of services or opportunities for
personal gain by virtue of their public office that are not available to the
public in general.
3.4.4 Councilmembers shall respect and preserve the confidentiality of
information provided to them concerning the confidential matters of the
City·. They must neither disclose confidential information without proper
legal authorization nor use such information to advance the personal,
financial, or private interests of themselves or others.
3.4.5 City Councilmembers should avoid any action that could be construed as,
or create the appearance of, using public office for personal gain,
including use of City stationery or other City resources to obtain or
promote personal business.
3.4.6 Public resources not available to the general public (e.g., City staff time,
equipment, supplies, or facilities) shall not be used by Councilmembers
for private gain or personal purposes.
3.4.7 In keeping with their role as stewards of the public interest,
Councilmembers shall not appear on behalf of the private interests of a
CLK/7 /Council Code of Conduct
610-06-23-lSCoC -9-
Item 11.b. - Page 110
third party before the City Council or any board, comnuss1on, or
committee or proceeding of the City, except as permitted by law.
3.4.8 To the best of their ability, Councilmembers shall represent the official
policies and positions of the City Council. When presenting their personal
opinions or positions publicly, members shall explicitly state they do not
represent the Council or the City.
3.4.9 Mountain View City Charter Provisions
3.4.9.1
3.4.9.2
3.4.9.3
Financial Interests in City Contracts Prohibited.
No officer or employee of the City shall become financially
interested except by testate or intestate succession, either
directly or indirectly, in any contract, sale, purchase, lease, or
transfer of real or personal property to which the City is a party
or be employed by any public service corporation regulated by
or holding franchises in the City. . .. [A]ny contract made in
contravention of this section shall be void. (Section 706)
Nepotism.
The Council shall not appoint to a salaried position under the
City government any person who is a relative by blood or
marriage within the second degree of any one or more of the
members of such Council and neither shall any department
head or other officer having appointive power appoint any
relative within such degree to any such position. (Section 707)
Political Activities Prohibited; Discrimination.
This provision provides that
1. No employee shall, while in uniform or during the
employee's working hours, take an active part in any
municipal or other political campaign.
2. No employee shall, while in uniform or during the
employee's work hours, seek or accept contributions for or
against a candidate or issue.
CLl</7 /Council Code of Conduct
610-06-23-lSCoC -10-
Item 11.b. - Page 111
3. An employee may not seek or accept signatures to any
petition for or against any such candidate or issue during
his or her work hours.
4. No person in the classified service shall be employed,
promoted, demoted, or discharged or in any way favored
or discriminated against because of political opinions or
affiliations or because of race or religious belief. (Section
1003) (Also see Section 4.3.7)
5. For purposes of this section, the term 11 employee11 shall
include contract employees and consultants who function
as City employees.
3.4.10 Mountain View City Code Provisions
3.4.10.1 Use of City Property-Limited to Lawful Business of City.
(Section 2.4)
No person or persons other than City officials or employees
shall use any City-owned equipment, tools, or paraphernalia
other than for the purpose of conducting the lawful business of
the City.
3.4.10.2 Use of City Property for Private Purposes by City Official,
Employee, etc. (Section 2.5)
No City official, City employee, or other person shall borrow,
take, or remove any City-owned equipment, tools, or
paraphernalia for private use.
3.4.10.3 Use of City Property-Loan, etc., by City Official, Employee,
etc:
No City official, City employee, or any other person shall lend,
give, or transfer possession of such City-owned equipment,
tools, or paraphernalia to any other City official, employee, or
any other person with knowledge that the same shall be used
for private purposes. (Section 2.6)
O...K/7 /Council Code of Conduct
610-06-23-lSCoC -11-
Item 11.b. - Page 112
3.4.11 California State Law Regarding Conflicts
Four key areas of California State law regulate the ethics of public
officials.
3.4.11.1 Constitutional prohibitions
State law strictly forbids elected and appointed public officials
from accepting free or discounted travel from transportation
companies. The penalty for a violation includes the forfeiture of
office.
3.4.11.2 Contractual conflicts of interest
This prohibition, found in Government Code Section 1090,
mirrors the City's Charter Provision Section 706 and applies to
elected and appointed officials as well as other City staff
members. It prohibits the City from entering into a contract if
one of its members (i.e., a Councilmember) is financially
interested in the contract. If the bar (or prohibition) applies, the
agency is prohibited from entering into the contract whether or
not the official with the conflict participates or not. In some
limited circumstances, officials are allowed to disqualify
themselves from participation and the agency may enter into
the contract.
Financial interest has been _defined to include employment,
stock/ ownership interests, and membership on the board of
directors of a for-profit or nonprofit corporation, among others.
Violations can be charged as a felony. A person convicted of
violating Section 1090 is prohibited from ever holding public
office in the State.
3.4.11.3 Political Reform Act-Conflicts of Interest
The Political Reform Act (PRA) was adopted by the voters in
1974 and is the primary expression of the law relative to
conflicts of interest (and campaign finance) in California. The
Act created the Fair Political Practices Commission (FPPC), a
five-member State board which administers the Act.
The Act and the regulations are compl~x and are continuously
subjected to official interpretation. The following synopsis of
CLK/7 /Council Code of Conduct
610-06-23-lSCoC -12-
Item 11.b. - Page 113
key parts of the Act. will be helpful in spotting issues; however,
the FPPC and/ or City Attorney should be consulted for further
advice and clarification.
With respect to conflicts of interest, the FPPC has promulgated a
regulation which establishes an analysis which assists in
determining whether a public official is participating in a
government decision in which they have a qualifying financial
intere~t and whether it is reasonably foreseeable that the
decision will have a material financial effect on the public
official's financial interest, which is distinguishable from the
effect the decision will have on the public generally.
3.4.11.3.1 If a member has a conflict of interest regarding a
particular decision, they must refrain from making
or participating in the making of a decision unless
otherwise permitted by law.
CLK/7 /Council Code of Conduct
610-06-23-15CoC
If a public official has a financial interest that gives
rise to a conflict of interest, one of the key
determinations in the eight-step analysis is to
determine whether or not the public official is
"participating in" or "making" a governmental
decision.
3.4.11.3.1.1 A public official makes a government
decision when they do the following:
-13-
• Vote on a matter.
• Appoint a person.
• Obligate or commit his or her
agency to any course of action.
• Enter into any contractual
agreement on behalf of his or her
agency.
• Determine not to act in certain
circumstances.
Item 11.b. - Page 114
3.4.11.3.1.2 A public official participates in
making governmental decisions when
acting within the authority of his or
her position, they do the following:
• Negotiate without significant
substantive review with a
governmental entity or private
person regarding a governmental
decision.
• Advise or make recommenda-
tions to the decision-maker either
directly or without significant
intervening substantive review
by:
Conducting research or an
investigation which requires
the exercise of judgment on
the part of the official and
the purpose of which is to
influence governmental
decisions; or
Preparing or presenting any
report, analysis, or opinion
orally or in writing which
requires the exercise of
judgment on the part of the
official and the purpose of
which is to influence a
governmental decision.
3.4.11.3.2 When a public official has a qualifying financial
interest, that official may not use their office or
otherwise attempt to influence governmental
decisions or make appearances or contacts on behalf
of a business entity, client, or customer.
3.4.11.3.3 If an official has a qualifying financial interest, there
are nevertheless exceptions which allow a public
official to make an appearance before an agency in
. CLK/7 /Council Code of Conduct
610-06-23-lSCoC -14-
Item 11.b. - Page 115
very limited circumstances. The one that is most
commonly encountered is an appearance by a
public official to represent himself or herself with
respect to a proposed project or change in their
neighborhood. H the appearance is permitted under
State law, the appearance is limited to appearing at
a public meeting at the podium and addressing a
board, commission, or the City Council. The official
may not contact members of staff, the City Manager,
or City Attorney, or discuss the matter with other
Councilmembers. A public official with a· conflict
cannot interact with staff on that issue other than to
ask questions, pay fees, etc.
3.4.11.3.4 Political Reform Act-Gifts, etc.
Qualifying gifts of $50 or more must be reported on
an official's Statement of Economic Interest (SEI). In
addition, the Political Reform Act imposes a limit on
gifts a local official can receive. The dollar amount
of the gift limit is modified every odd year to reflect
changes in the Consumer Price Index.* There are
various exceptions that apply to whether or not a
gift is a "qualifying gift" In some instances, the gift
limit does not apply (e.g., wedding gifts); however,
the obligation to report the gift typically does apply.
• A gift is a payment made by any person of
anything of value, whethe~ tangible or
intangible, real or personal property, a good or
service that provides a personal benefit to an
official when the public official does not
provide goods or services of equal or greater
value. It can include forgiveness of a debt, a
rebate or discount unless the rebate or discount
is made through the regular course of business
to members of the public.
• There are exceptions to gifts for informational
material, gifts that are returned unused, gifts
from relatives:--close family, campaign
•The gift limit can be found in Government Code §89503.
CLK/7 /Council Code of Conduct
610-06-23-15CoC -15-
Item 11.b. - Page 116
CLK/7 /Council Code of Conduct
610-06-23-lSCoC
contributions, home hospitality, benefits
commonly exchanged, reciprocal exchanges,
acts of neighborliness, bona fide dating
relationship, acts of human compassion,
ceremonial role, etc.
• There are specific regulations for how gifts are
valued, particularly with_ the value of tickets
and passes and attendance at dinners and
events.
• Gifts can be given to the public agency and
they are not charged as gifts to an individual
who may use the gift (e.g., tickets) provided
the express terms of the appropriate regulation
are satisfied.
3.4.11.3.4.1 Travel Reimbursements
The Political Reform Act contains
extensive regulations on travel
reimbursements; however, travel
payment by one's own public agency
as part of your official duties are
typically exempt. Reimbursement
from other entities (other than
transportation companies) within
California and outside of California
are subject to very specific rules.
3.4.11.3.4.2 Honoraria
-16-
Honoraria are defined as a payment
made in return for giving a speech,
writing an article, or attending a
public or private conference,
convention, meeting, social event,
meal, or similar gathering. Honoraria
should be distinguished from
campaign funds that go into that
person's campaign or to a political
party. Campaign funds cannot be
used for personal benefit
Item 11.b. - Page 117
CT.,K/7 /Council Code of Conduct
610-06-23-lSCoC
• Local elected officials or candidates
may not accept honoraria. A local
agency employee who is required ·
to file a Statement of Economic
Interest (Form 700) may not accept
honoraria from any source
requiring disclosure on a public
official's SEI. There are
approximately 12 exceptions to
honoraria, including payments
made for comedic, theatrical, and
musical performances; income
from bona fide personal services in
connection with teaching,
practicing law, etc.; and travel,
lodging, and subsistence in
connection with a speech, limited
to the day before, day of, and day
after within the United States.
• The exceptions for income from
personal services in connection
with teaching and practicing law
do not apply if the sole or
predominant activity is giving
speeches.
3.4.11.3.4.3 Political Reform Act-Mass Mailings
-17-
A mass mailing is defined as 200 or
more substantially similar pieces of
mail sent at public or private expense
by a public official within a calendar
month.
• Sent at Private Expense -If sent for
a political purpose, sender must
place the name and address on the
outside of the envelope.
• Sent at Public Expense-These
mailings are subject to strict
Item 11.b. - Page 118
3.4.11.5
3.4.11.6
CLK/7 /Council Code of Conduct
610-06-23-lSCoC
limitations. For example, the
mailing may not contain the name
or pictures of elected officials
except as part of the standard
letterhead, and within the confines
of that reguiation they cannot be of
different size or otherwise
emblazoned on the mailing.
Because the rules are complex, staff
should be consulted for assistance.
3.4.11.3.4.4 Political Reform Act-Enforcement
The FPPC can assess administrative
fines and penalties for violation of the
Act. The District Attorney and the
State Attorney General may prosecute
violators as civil or criminal matters.
Violators may also be removed from
office pursuant to Government Code
Section 3060.
Common Law Conflicts of Interest
This is the judicial expression of the public policy
against public officials using their official position
for private benefit. An elected official bears a
fiduciary duty to exercise the powers of office for
the benefit of the public and is not permitted to use
those powers or their office for the benefit of any
private interest. This common law doctrine
continues to survive the adoption of various
statutory expressions of conflict law.
Appearance of Impropriety
When participation in action or decision-making as
a public official does not implicate the specific
statutory criteria for conflicts of interest; however,
participation still does not "look" or "feel" right, that
public official has probably encountered the
appearance of impropriety.
-18-
Item 11.b. - Page 119
For the public to have faith and confidence that
government authority will be implemented in an
even-handed and ethical manner, public officials
may need to step aside even though no technical
conflict exists. An example is where a long-term
nonfinancial affiliation exists between the public
official and an applicant or the applicant is related
by blood or marriage to the official. For the good of
the community, members who encounter the
appearance of impropriety should step aside.
NOTE: State laws governing conflicts of interest are written to ensure that
actions are taken in the public interest These laws are very complex.
Councilmembers should consult with the City Attorney, their own
attorney, or the Fair Political Practices Commission for guidance in
advance.
3.5 Compliance and Enforcement-All Rules
Councilmembers take an oath when they assume their office in which they
promise to uphold the laws of the State of California, the City of Mountain View,
and the United States of America. Consistent with this oath is the requirement of
this Council policy to comply with the laws as well as report violations of the laws
and policy of which they become aware.
3.5.1 Any suspected violation or alleged violation by a Councilmember must be
reported to the Mayor. In the case of a City staff member making the
report regarding a Councilmember, the report should be made to the City
Manager who will then report it to the Mayor. Upon report, the City
Manager and City Attorney will assist the Mayor in following one of the
two (2) protocols for addressing the violation or alleged violation:
3.5.1.1
3.5.1.2
If the Mayor, City Manager, and City Attorney all agree that the
violation or alleged violation is minor in nature, the Mayor and
either the City Manager or City Attorney may contact the
individual Councilmember and advise the member of the
concern and seek to resolve the matter (Protocol 1).
If the Mayor, City Manager, and City Attorney do not agree that
the violation or alleged violation is minor (see Section 3.5.1.1) in
nature, then the Mayor shall convene a special ad hoc
committee of the Mayor (who will serve as Chair), Vice Mayor,
CLK/7 /Council Code of Conduct
610-06-23-15CoC -19-
Item 11.b. - Page 120
and most recent Mayor (the "Ethics Committee") who will meet
with the City Manager and City Attorney and appropriate staff
and/ or witnesses to determine how the matter may proceed, be
resolved or be reported to the appropriate authorities (Protocol
2).
3.5.1.3 In implementing the provisions of this section, the Ethics
Committee will be authorized to conduct all inquiries and
investigations as necessary to fulfill their obligation.
3.5.1.4 For purposes of Sections 3.5.1.1 and 3.5.1.2, the incident or
violation is not minor if it involves the injury or potential injury
to any person (e.g., physical, emotional, defamation,
harassment, etc.), significant exposure to the City Treasury or
the probability for a repeat"occurrence.
3.5.2 Councilmembers wishing to report a suspected violation by a staff
member should report it to both the City Manager and City Attorney.
3.5.3 In the event any Councilmember with a role in this policy is the subject of
the inquiry, the role of that official shall be assumed by the next ranking
official in the chain. For example, if the Mayor is the subject of the
inquiry, the Ethics Committee shall be comprised of the Vice Mayor (who
will serve as Chair) and the two (2) most recent former Mayors. If the City
Manager or City Attorney is the subject, the Committee will exclude that
individual.
If there is no recent former Mayor available to fill the appropriate seat(s)
on the committee, the Mayor or chair will select a member of the Council
to serve -selection to be based on seniority as outlined in Policy and
Procedure No. A-6.
3.5.4 The term "committee" or "Ethics Committee" is used for ease of reference
only as it is not intended by this policy to create a permanent or standing
committee but, rather, to assemble the officials necessary to review
complaints should the need arise.
3.5.5 This policy and the protocols set forth are alternatives to any remedy that
might otherwise be available or prudent. In order to ensure good
governmerit, any individual, including the City Manager and City
Attorney, who believes a violation may have occurred is. hereby
authorized to report the violation to other appropriate authorities.
CLK/7 /Council Code of Conduct
610-06-23-15CoC -20-
Item 11.b. - Page 121
3.5.6 These same protocols may be utilized for any suspected violations or
alleged violations by a Council advisory body member. In addition to
those protocols, the Mayor may also refer the matter to the City Council if
further action is needed.
3.6 AB 1234-Required Ethics TraiD.ing
AB 1234 requires elected or appointed officials who are compensated for their
service or reimbursed for their expenses to take two hours of training in ethics
principles and laws every two years. It is the City's policy to emphasize the
importance of ethics in government and therefore requires all advisory body
members, with the exception of the Youth Advisory Committee, to adhere to the
same requirements. The training must occur within two months of assuming
office and be renewed within two months of the expiration of the current
certificate.
The training must cover general ethics principles relating to public service and
ethics laws including:
•
•
•
•
3.6.1
Laws relating to personal financial gain by public officials (including bribery
and conflict of interest laws);
Laws relating to office-holder perks, including gifts and travel restrictions,
personal and political use of public resources, and prohibitions against gifts
of public funds;
Governmental transparency laws, including financial disclosure requirements
and open government laws (the Brown Act and Public Records Act);
Laws relating to fair processes, including fair contracting requirements,
common law bias requirements, and due process.
Enforcement
• Noncompliant Council or advisory body members may not attend
conferences, training (except ethics training), or Shoreline events
using tickets provided through the City's ticket distribution program
at the City's expense, during the period of noncompliance;
• Should noncompliance by an advisory body member continue for 30
days without substantiated extenuating circumstances such as
illness, disability, family tragedy, etc., the City Oerk is directed to
bring the matter to the City Council for consideration of removing
01</7 /Council Code of Conduct
610-06-23-lSCoC -21-
Item 11.b. - Page 122
the advisory body member from service on their respective body;
~d .
• Training deadlines may be temporarily postposed for noncompli~t
advisory body members who are temporarily unable to fulfill their
duties, including attending scheduled meetings. Training must be
completed within 30 days of returning to service.
CLK/7 /Council C:ode of Conduct
610-06-23-lSCoC -22-
Item 11.b. - Page 123
CHAPTER4-COMMUNICATIONS
4.1 Written Communications
4.1.1 Written communications addressed to the City Council are to be referred
to the City Clerk for:
• Forwarding to the Council with their agenda packet, or
• Placement on an agenda with or without a staff report, or
• Direct response to the citizen with a copy of the communication and
staff letter to the Council.
4.2 Request for Staff Resources
4.2.1 Council requests for research or other staff work must be directed to the
City Manager, or the City Attorney regarding legal matters or the City
Clerk regarding matters within the Clerk's authority.
If more than one hour of staff time wip. be required to complete the
task/ project, the item will be agendized to ask the City Council if time
should be spent on preparing a report on the proposed item.
Staff responses prepared to Council inquiries shall be distributed to all
City Councilmembers.
4.3 Relationship/Communications with Staff
Staff serves the City Council as a whole, therefore:
4.3.1 A Councilmember shall not direct staff to initiate any action, change a
course of action, or prep~e any report. Except as provided in City
Council Policy A-23, Work Item Referral Process for Council Advisory
Bodies and Councilmember Committees, a Councilmember shall not
initiate any project or study without the approval of the majority of the
Council.
4.3.2 Councilmembers shall not attempt to pressure or influence discussions,
recommendations, workloads, schedules, or department priorities absent
the approval of a majority of the Council.
CLK/7 /Council Code of Conduct
610-06-23-lSCoC -23-
Item 11.b. - Page 124
4.3.3 When preparing for Council meetings, Councilmembers should direct
questions ahead of time to the Oty Manager so that staff can provide the
desired information at the Council meeting.
4.3.4 Any concerns by a member of the Oty Council regarding the behavior or
work of a City employee should be directed to the City Manager privately
to ensure the concern is resolved. Councilmembers shall not reprimand
employees directly nor should they communicate their concerns to anyone
other than the City Manager.
4.3.5 Councilmembers may direct routine inquiries to either the City Manager
or appropriate department head.
4.3.6 Councilmembers serving ·on Council committees or as the Oty's
representative to an outside agency may interact directly with City staff
assigned to that effort as the Oty Manager's designee. The Oty staff
member so designated and assigned will keep the City Manager
appropriately informed.
4.3.7 Soliciting political support from staff (e.g., financial contributions, display
of posters or lawn signs, name on support list, etc.) is prohibited. Oty
staff may, as private citizens with constitutional rights, support political
candidates, but all such activities must be done away from the workplace
and may not be conducted while in uniform. (Also see Section 3.4.9.3)
4.4 Council Relationship/Communication with Council Advisory Bodies
4.4.1 Councilmembers shall not attempt to pressure· or influence board,
commission, or committee decisions, recommendations, or priorities
absent the approval of the majority of the Council. However, the Mayor
and Vice Mayor can authorize a work item for a Council advisory body
under certain circumstances in accordance with City Council Policy A-23,
Work Item Referral Process for Council Advisory Bodies and
Councilmember Committees.
CLK/7 /Council Code of Conduct
610-06-23-15CoC -24-
Item 11.b. - Page 125
4.5 Handling of Litigation and Other Confidential Information
4.5.1 All written materials and verbal information provided to Councilmembers
on matters that are confidential and/ or privileged under State law shall be
kept in complete confidence to ensure that the City's position is not
compromised. No disclosure or mention of any information in these
materials may be made to anyone other than Councilmembers, the City
Attorney, or City Manager.
4.5.1.1
4.5.1.2
4.5.1.3
Confidential materials provided in preparation for and during
Closed Sessions shall not be retained and electronic copies must
be deleted or documents returned to staff at the conclusion of
the Oosed Session.
Confidential materials provided to Councilmembers outside of
Closed Sessions must be destroyed, deleted, or returned to staff
within thirty (30) days of their receipt
Councilmembers may not request confidential written
information from staff that has not been provided to all
Councilmembers.
4.6 Representing an Official City Position
4.6.1 City Councilmembers may use their title only when conducting official
City business, for information purposes, or as an indication of background
and expertise, carefully considering whether they are exceeding or
appearing to exceed their authority.
4.6.2 Once the City Council has taken a position on an issue, all official City
correspondence regarding that issue will reflect the Council's adopted
position.
4.6.3 In most instances, the Council will authorize the Mayor to send letters
stating the City's official position to appropriate legislators.
4.6.4 If a member of the City Council appears before another governmental
agency organization to give a statement on an issue affecting the City, the
Councilmember should indicate the majority position and opinion of the
Council.
CLK/7 /Council Code of Conduct
610-06-23-15CoC -25-
Item 11.b. - Page 126
4.6.5 Personal oprmons and co:rriments may be expressed · only if the
Councilmember clarifies that these statements do not reflect the official
position of the City Council.
4.7 Quasi-Judicial Role/Ex Parle Contacts
The City Council has a number of roles. It legislates and makes administrative and
executive decisions. The Council also acts in a quasi-judicial capacity or "like a
judge" when it rules on various permits, licenses, and land use entitlements.
In this last capacity, quasi-judicial, the Council holds a hearing, takes evidence,
determines what the evidence shows, and exercises its discretion in applying the
facts to the law shown by the evidence. It is to these proceedings that the rule
relative to ex parte contacts applies.
4.7.1 Ex Parle Contacts/Fair Hearings. The Council shall refrain from receiving
information and evidence on any quasi-judicial matter while such matter
is pending before the City Council or any agency, board, or commission
thereof, except at the public hearing.
As an elected official, it is often impossible to avoid such contacts and
exposure to information. Therefore, if any member is exposed to
information or evidence about a pending matter outside of the public
hearing, through contacts by constituents, the applicant or through site
visits, the member shall disclose all such information and/ or eVidence
acquired from such contacts, which is not otherwise included in the
written or oral staff report, during the public hearing, and before the
public comments period is opened.
Matters are "pending" when an application has been filed. Information
and evidence gained by members via their attendance at noticed public
hearings before subordinate boards and commissions are not subject to
this rule.
4.8 No Attorney-Client Relationship
Councilmembers who consult the City Attorney, his or her staff, and/ or
attorney(s) contracted to work on behalf of the City cannot enjoy or ·establish an
attorney-client relationship with said attorney(s) by consulting with or speaking to
same. Any attorney-client relationship established belongs to the City, acting
through the City Council, and as may be allowed in State law for purposes of
defending the City and/ or the City Council in the course of litigation and/ or
administrative procedures, etc.
CLK/7 /Council Code of Conduct
610-06-23-lSCoC -26-
Item 11.b. - Page 127
CHAPTER 5-COUNCIL ADVISORY BODIES
5.1 Boards, Commissions, and Committees Generally
5.1.1 The Mountain View City Charter establishes the following boards and
commissions to advise the City Council:
• Planning Commission (now known as the Environmental Planning
Commission) (Section 906)
• Recreation and Parks Commission (now known as the Parks and
Recreation Commission) (Section 909)
• Board of Library Trustees (now known as the Library Board) (Section
911)
5.1.2 The City Charter authorizes the City Council to establish additional
advisory boards and commissions to assist the Council in its policy
decisions. The City Council has the inherent power to create committees.
5.1.3 City boards, commissions, and committees (collectively "Council advisory
bodies") do not set or establish City policy or administrative direction to
City staff, except as provided in City Council Policy A-23, Work Item
Referral Process for Council Advisory Bodies and Councilmember
Committees.
5.1.4 Appointments to boards, comnuss1ons, and committees are made by
adoption of a resolution of the majority of the Council after the review and
consideration of the recommendation(s) of the Council Appointments
Review Committee. Appointees to Council advisory bodies serve at the
pleasure of the City Council.
5.1.5 The terms "board" and "commission" can be used interchangeably. Boards
and commissions typically have broader policy and advisory
responsibilities than committees which typically have much more focused
advisory roles to the Council.
5.2 Board, Commission, and Committee Organization and Conduct
5.2.1 Annually, each board, commission, and committee elects one of their
members to serve as the presiding officer or chair.
CLK./7 /Council Code of Conduct
610-06-23-lSCoC -27-
Item 11.b. - Page 128
5.2.2 Boards, comnuss1ons, and committees shall hold regular and special
meetings as may be required. The conduct of board, commission, and
committee meetings are governed by the same rules of policy and
procedure as the City Council.
5.2.3 Boards, commissions, and committees should comply with all applicable
open meeting and conflict-of-interest laws of the State.
5.2.4 Upon appointment or reappointment, Council advisory body members
shall sign a Council Advisory Body Personal Code of Conduct statement
(Attachment 2) affirming they have read and understand this City of
Mountain View City Council Code of Conduct.
5.3 Board, Commission, and Committee Appointments
5.3.1 The City Charter requires that members of City boards and commissions
be qualified electors of the City (resident of Mountain View and United
States citizen). Committees can include members that are not qualified
electors.
Appointments will provide, as nearly as possible, a representative balance
of the broad population of the City. All appointees should bring the skill,
integrity, knowledge, interest, and commitment to evaluating issues in the
broad context of the public interest.
5.3.2 Unless appointed to an unexpired term of less than two years caused by
the resignation or other such vacancy, the term of office for each board,
commission, or committee member is normally four years.
Appointees are limited to two consecutive terms prior to reappointment
on a given board, commission, or committee (except where specifically
provided). However, where the City Council expressly determines it to be
in the best interest of the community, the City Council may reappoint
beyond this limit.
5.3.3 The City Oerk provides application forms and maintains a composite
listing of all applications on file which have been received.
5.3.4 The City Oerk solicits applications for vacancies in accordance with the
procedures outlined in City Council Policy K-2, Board, Commission, and
Committee Appointments.
G.1</7 /Council Code of Conduct
610-06-23-lSCoC -28-
Item 11.b. - Page 129
5.3.5 Persons being considered for appointment (or reappointment) must be
interviewed at least once to qualify for appointment.
5.4 Boards, Commissions, and Committees-Vacancy of Office
5.4.1 The City Charter provides that if "a member of a board or commission is
absent from three regular meetings of such board or commission,
consecutively or within a calendar quarter, or is convicted of a crime
involving moral turpitude, or ceases to be a qualified elector and resident
of the City, that office shall become vacant upon the declaration of
Council. The Council may, for good cause, determine that a vacancy has
not been created."
5.4.2 Resignations may be submitted at any time to the City Council either
directly or through the board, commission, or committee chair.
Resignations are effective upon submittal.
5.4.3 Upon notice of a vacancy, the Council Appointments Review Committee
shall initiate the appointment procedure detailed in City Council Policy K-
2, Board, Commission, and Committee Appointments, leading to a
recommendation to the City Council for a successor of such vacancy and
the successor will be appointed to serve only to the date of the unexpired
term pursuant to Section 905 of the City Charter.
5.5 Boards, Commissions, and Committees-Removal
5.5.1 A board member, commissioner, or committee member is subject to
removal by motion of the City Council adopted by at least four affirmative
votes.
CLK/7 /Council Code of Conduct
610-06-23-15CoC -29-
Item 11.b. - Page 130
CHAPTER 6-MEETINGS
6.1. Ralph M. Brown Act
All meetings of the City Council, standing Councilmember committees, and
Council advisory bodies are governed by the Ralph M. Brown Act (Government
Code 54950 et seq.). The City Council views the Brown Act as a minimum set of
standards and in several respects, the City's open meeting requirements exceed the
requirements of the Brown Act.
If any member of a City legislative body, or City staff, believe that action has been
taken on an item in contravention of the Brown Act, that person is privileged to
place the item on a future agenda for reconsideration and/ or action.
6.2 Regular Meetings
6.2.1 Regular meetings of the City Council are held on the second and fourth
Tuesday of each month at 6:30 p.m. in the Council Chambers of Mountain
View City Hall, 500 Castro Street
All regular Council meetings are open to the public.
6.3 Study Sessions
6.3.1 Study Sessions are conducted as part of a public meeting which the
Council may set from time to time to allow for a detailed review of
important matters. Study Sessions may be conducted jointly with another
City board, com.mission, or committee or another governmental agency.
Formal action is typically not taken at a Study Session unless the agenda
indicates that action may be taken. All Study Session meetings are open
to the public.
6.4 Closed Sessions
6.4.1 Oosed Sessions are also regulated pursuant to the Ralph M. Brown Act
All written materials and verbal information regarding Closed Session
items· must remain confidential. Written reports and/ or exhibits or
materials furnished to members of the Council as part of a Closed Session
must not be copied or saved and must be deleted or returned to staff at
the conclusion of the Closed Session. No member of the Council,
employee of the City, or anyone else present should disclose to any other
CLK/7 /Council Code of Conduct
610-06-23-lSCoC -30-
Item 11.b. - Page 131
person the intent or substance of any discussion that takes place in a
Oosed Session unless authorized by a majority of the Council.
6.4.2 Permissible topics/ issues for a Oosed Session discussion include, but are
not limited to: labor negotiations, pending litigation, personnel actions,
real estate negotiations, and certain licensing and public security issues.
6.4.3 All public statements, information, and press releases relating to Closed
Session items should be handled by the City Attorney or as otherwise
directed by the Council majority.
6.4.4 Oosed Session meetings are closed to the public and the press.
6.4.5 Any suspected violation of the confidentiality of a Oosed Session
discussion shall be reported to the City Attorney. "Confidential
information" means a communication, verbal or written, made in Closed
Session that is specifically related to the legal basis for conducting the
Closed Session.
6.5 Special and Emergency Meetings
6.5.1 Pursuant to the Ralph M. Brown Act, the Council may also hold special or
emergency meetings as deemed necessary.
6.6 Meeting Agendas
6.6.1 Preparation of Agendas
6.6.1.1
6.6.1.2
Council agendas and supporting information are prepared by
the City Manager and City Clerk.
For Council advisory bodies and Councilmember committees,
agendas and supporting information are prepared by the
supporting City department to the Council advisory body or
Councilmember committee as directed by the City Manager.
6.6.2 Placing Items on Agendas
6.6.2.1 Council Agendas
6.6.2.1.1
CLK/7 /Council Code of Conduct
610-06-23-15CoC
The City Manager determines, in consultation with
the Mayor, which items are placed on the agenda
and the timing for scheduling such items.
-31-
Item 11.b. - Page 132
6.6.2.2
6.6.2.1.2
6.6.2.1.3
A Councilmember's request for an item to be
agendized will be done as an action item with
support work of up to one hour by staff. If more
than one hour of work is required, then the item
will be agendized to ask Council_µ time should be
spent on preparing a full report on the proposed
agenda item.
Any person may request placement of a matter on
the Council agenda by submitting a written request
with the agreement of a sponsoring
Councilmember.
Council Advisory Body and Councilmember Committee
Agendas
Agenda items for Council advisory bodies and Councilmember
committees must originate with the Council or as permitted
under City Council Policy A-23, Work Item Referral Process for
Council Advisory Bodies and Councilmember Committees.
6.6.3 Order of Agenda Items
The Council shall conduct business in the following order, except as the
order may be adjusted pursuant to City Council Policy A-13, City Council
Meetings.
1. Call to Order/Pledge of Allegiance
2. Roll Call
2A. Proclamations/Presentations
3. Minutes Approval
4. Consent Calendar
The consent calendar includes all matters of a routine or
noncontroversial nature. All items on the consent calendar are
approved by a single motion and vote. Any item on the consent
calendar can be removed at the request of any member of the
Council, City staff, or member of . the audience when properly
CLK/7 /Council Code of Conduct
610-06-23-lSCoC -32-
Item 11.b. - Page 133
recognized by the Mayor. Any items removed are considered
separately by the City Council after the consent calendar.
5. Oral Communications from the Public
This is the portion of the Council meeting devoted to oral
presentations to the Council by members of the public. During this
time, a speaker may address the Council on any issue which does not
appear on the printed agenda.
In most instances, speakers will be limited to three minutes in
addressing the City Council.
Members of the Council shall not engage in debate with a member of
the public or respond to issues/ questions raised during this porij.on
of the meeting.
No person who addresses the Council shall make any belligerent,
personal, slanderous, threatening or abusive remark, statement, or
commentary toward the Council, staff or other individuals in a
manner which disrupts, disturbs, or otherwise impedes the orderly
conduct of the Council meeting, nor shall any person engage in any
disorderly conduct which disrupts or impedes the orderly conduct of
the meeting. Any violation of this rule shall be grounds for
terminating the speaker's comment period. Continued inappropriate
behavior or comments, after having been directed to discontinue,
shall be grounds for removal from the meeting.
Nothing in this section shall prohibit or discourage orderly criticism
of any City decision or policy within the limits of State or Federal law
or these rules.
6. Public Hearings
During this portion of the meeting, public hearings are conducted on
all matters that have been properly and legally noticed as public
hearings. Any issue scheduled for a public hearing will provide the
proponents and opponents of the issue with the opportunity to
express their points of view to the City Council. After all views have
been expressed, the Mayor will close the public hearing, invite
Council to discuss the matter and ask Council to render its decision
on that matter.
CLK/7 /Council Code of Conduct
610-06-23-lSCoC . -33-
Item 11.b. - Page 134
7. Unfinished Business
These are items of business which, for a variety of reasons, are
carried over from a previous meeting and require final Council
action.
8. New Business
This portion of the meeting is devoted to discussion or consideration
of items of businesi{'that have not previously been before the City
Council.
9. Items Initiated by Council
Under this item, any Councilmember may bring before the Council
for consideration any item he or she believes should be considered
by the Council.
10. Council, Staff/Committee Reports
Councilmembers may provide a brief report on their activities,
including reports on their committee activities, reports on inquiries
they have received from any member, or the Council itself may
provide a reference to staff or other resources for factual information,
request staff to report back to the Council at a subsequent meeting
concerning a matter, take action to direct staff to place a matter of
business on a future agenda, or refer a work item to a Council
advisory body or Councilmember committee.
11. Closed Session Report
The City Attorney will announce any reportable Closed Session
actions taken by the City Council.
12. Adjournment
6.6.4 Order of Agenda Items for Council Advisory Bodies and Counc~ember
Committees
The order of agenda business items for all boards, commissions, and
committees and Councilmember committees shall be the same as the
order of Council agenda business items.
CLK/7 /Council Code of Conduct
610-06-23-15CoC -34-
Item 11.b. - Page 135
6.7 Rules of Procedure
6.7.1 City Council Policy A-13, City Council Meetings, provides general
guidance for the conduct of Council meetings. From time to time, the
Council may depart from its specific requirements for the convenience of
the public, Council consideration and debate, or to expedite t}\e
processing of business. The Council by majority vote, however, may at
any time .reinvoke Policy A-13's specific requirements.
6.7.2 In instances not addressed by the rules provided in City Council Policy A-
13, City Council Meetings, The Modern Edition of Robert's Rules of Order
may be used for reference and/ or guidance.
6.8 Decomm
6.8.1 While the City Council is in session, all persons shall conduct themselves
with reasonable decomm.
6.8.2 Any person who is so disorderly or who so persistently dismpts the
business meeting so far as to interfere with the proper conduct of the
business may be ordered removed from the meeting place. At such time,
the Mayor may call a recess.
6.8.3 The Police Chief or authorized representative shall be sergeant at arms of
the Council meeting. The sergeant at arms shall carry out all orders and
all instructions of the presiding officer for the purpose of maintaining
order and decorum at Council meetings.
6.9 Time of Adjournment
It is the policy of the City that all evening meetings of the Council, including Study
Sessions, be adjourned no later than 10:00 p.m., whi~ time is referred to as the
normal time of adjournment. No new item of business shall be taken up by the
City Council after the normal time unless the Council has determined by majority
vote to set aside this policy. In the event it appears that the entire agenda cannot
be completed by the normal time of adjournment, the Council may take up and act
upon the more pressing agenda items. All agenda items not considered at the
meeting shall be on the agenda of the next regular, special, or adjourned regular
meeting unless the Council directs otherwise.
CLK/7 /Council Code of Conduct
610-06-23-lSCoC -35-
Item 11.b. - Page 136
6.10 Agenda Packets
6.10.1 Agenda packets are to be made available at the City Clerk1s Office, the
Mountain View Public Library, the City1s web site
(www.mountainview.gov), and at the Council meeting.
Council meeting agendas, minutes, and staff reports are generally
available beginning the Thursday evening before each Council meeting.
NOTE: Also refer to City Council Policy A-13, City Council Meetings.
This policy sets forth the rules of procedure for the conduct of City
business.
CLl.</7 /Council Code of Conduct
610-06-23-lSCoC -36-
Item 11.b. - Page 137
CHAPTER 7-COUNCIL FINANCIAL MATTERS
7.1 Compensation
7.1.1 Pursuant to Article V, Section 503 of the Mountain View City Charter,
each Councilmember will receive a monthly salary.
7.1.2 The Mayor receives a monthly salary equal to the salary of a
Councilmember plus an additional 25 percent.
7.1.3 The City Council has no power to increase its salary by ordinance,
resolution, or motion.
7.1.4 Section 503 of the Mountain View City Charter stipulates that "if a
member of the City Council, or Mayor, does not attend all meetings of the
City Council or Study Sessions called on order of the City Council and
held during the month, that person's salary for such month shall be
reduced by the sum of Twenty-Five Dollars ($25) for each meeting or
Sti.tdy Session not attended unless that person is absent on official duty
with the consent of or on order of the City Council."
7.2 Benefits
7.2.1 The California Government Code provides that Councilmembers may
receive health, retirement, and other benefits.
7.2.2 City-funded medical, dental, and life insurance plan benefits are
provided.
7.3 City Council Budget and Expenses
7.3.1 City Council Policy A-2, City Council Policy Governing Expenses of the
Council, provides policy guidance regarding Council expenditures for
equipment, supplies and communications; travel; local expenses; and
expenses charged against the City Council budget.
NOTE: Also refer to City Council Policy A-2, City Council Policy
Governing Expenses of the Council. This policy sets forth the policies
governing expenses of the City Council.
CLK/7 /Council Code of Conduct
610-06-23-lSCoC -37-
Item 11.b. - Page 138
Attachment 1 to
City Council Code of Conduct
CITY OF MOUNTAIN VIEW
CITY COUNCIL
PERSONAL CODE OF CONDUCT
PREAMBLE
The residents and businesses of Mountain View are entitled to have fair, ethical, and
accountable local government. Such a government requires that public officials:
• Comply with both the letter and the spirit of the laws and policies affecting
operations of the government.
• Be independent, impartial and fair in their judgment and actions.
• Use their public office for the public good, not for personal gain.
• Conduct public deliberations and processes openly, unless. legally confidential, in
an abnosphere of respect and civility.
To this end, the Mountain View City Council has adopted this Code of Ethics to
encourage public confidence in the integrity of local government and its fair and
effective operation.
City Councilmembers shall sign this Personal Code of Conduct upon assuming office
and upon reelection to that office as a symbol of each Councilmember' s continuing
commibnent to abide by the principles of this code.
1. Act in the Public Interest
Recognizing that stewardship of the public interest must be their primary concern,
Councilmembers shall work for the common good of the people of Mountain View
and not for any private or personal interest, and they will endeavor to treat all
persons, claims, and transactions in a fair and equitable manner.
2. Comply with the Law
Councilmembers shall comply with the laws of the nation, the State of California,
and the City in the performance of their public duties. These laws include, but are
not limited to: the United States and California constitutions; the Mountain View
City Charter; laws pertaining to conflicts of interest, election campaigns, financial
CLK/7 /Council Code of Conduct
610-06-23-15CoC Pagel of5
CITY COUNCIL
PERSONAL CODE OF CONDUCT
Item 11.b. - Page 139
Attachment 1 to
City Council Code of Conduct
disclosures, employer responsibilities, and open processes· of government; and
City ordinances and policies.
3. Conduct of Members
Councilmembers shall refrain from abusive conduct, personal charges, or verbal
attacks upon the character or motives of other members of the City Council,
boards, commissions, committees, staff, or the public.
4. Respect for Process
Councilmember duties shall be performed in accordance with the processes and
rules of order established by the City Council.
5. Conduct of Public Meetings
Councilmembers shall inform themselves of public issues, listen attentively to
public discussions before the body, and focus on the business at hand.
6. Decisions Based on Merit
Council decisions shall be based upon the merits and substance of the matter at
hand.
7. Communication
It is the responsibility of Councilmembers to publicly share substantive
information that is relevant to a matter under consideration that they have
received from sources outside of the public decision-making process with all other
Councilmembers.
8. Coordination with City Staff
Appropriate City staff should be involved when Councilmembers meet with
officials from other agencies and jurisdictions to ensure proper staff support as
needed and to keep staff informed.
9. Disclosure of Corruption
All City officials shall take an oath upon assuming office, pledging to uphold the
constitution and laws of the City, the State, and the Federal government As part
CLK/7 /Council Code of Conduct
610-06-23-lSCoC Page2 of5
CITY COUNCIL
PERSONAL CODE OF CONDUCT
Item 11.b. - Page 140
Attachment 1 to
City Council Code of Conduct
of this oath, officials commit to disclosing to the appropriate authorities and/ or to
the City. Council any behavior or activity that may qualify as corruption, abuse,
fraud, bribery, or other violation of the law.
10. Conflict of Interest
In order to assure their independence and impartiality on behalf of the public
good, Councilmembers shall not use their official positions to influence
government decisions in which they .have a financial interest or where they have
an organizational responsibility or a personal relationship that would present a
conflict of interest under applicable State law.
In accordance with the law, members shall file written disclosures of their
economic interest and if they have a conflict of interest regarding a particular
decision, refrain from participating in that decision unless otherwise permitted by
law.
11. Gifts and Favors
Councilmembers shall not take advantage of services or opportunities for personal
gain by virtue of their public office that are not available to the public in general.
They shall refrain from accepting gifts, favors, or promises of future benefits that
might compromise their independence of judgment or action or give the
appearance of being compromised.
12. Confidential Information
Councilmembers shall respect and preserve the confidentiality of information
provided to them concerning the confidential matters of the City. They shall
neither disclose confidential information without proper legal authorization nor
use such information to advance their personal, financial, or private interests.
13. Use of Public Resources
Public resources not available to the general public (e.g., City staff ti.me,
equipment, supplies, or facilities) shall not be used by Councilmembers for private
gain or personal purposes.
CLK/7 /Council Code of Conduct
610-06-23-lSCoC Page3 of5
CITY COUNCIL
PERSONAL CODE OF CONDUCT
Item 11.b. - Page 141
14. Representation of Private Interests
Attachment 1 to
City Council Code of Conduct
In keeping with their role as stewards of the public trust, Councilmembers shall
not appear on behalf of the private interests· of a third-party before the City
Council or any board, commission, or committee or proceeding of the City.
15. Advocacy
To the best of their ability, Councilmembers shall represent the official policies and
positions of the City Council. When presenting their personal opinions or
positions, members shall explicitly state that they do not represent the Council or
the City.
16. Improper Influence
Councilmembers shall refrain from using their position to improperly influence
the deliberations or decisions of City staff, boards, commissions, or committees.
17. Policy Role of Members
Councilmembers shall respect and adhere to the Council-Manager structure of
Mountain View City government as provided in State law and the City Charter.
18. Positive Work Environment
Councilmembers shall support the maintenance of a positive and constructive
environment for residents, businesses, and City employees.
19. Implementation
Ethics standards shall be included in the regular orientations for City Council
candidates. Councilmembers entering office shall sign a statement affirming they
read and understood the City of Mountain View's City Council Code of Ethics.
20. Compliance and Enforcement
Councilmembers themselves have the primary responsibility to assure that ethical
standards are understood and met and that the public can continue to have full
confidence in the integrity of City government
CLK/7 /Council Code of Conduct
610-06-23-15CoC Page4of5
CITY COUNCIL
PERSONAL CODE OF CONDUCT
Item 11.b. - Page 142
Attachment 1 to
City Council Code of Conduct
This Personal Code of Conduct shall be considered to be a summary of the longer City
Council Code of Conduct document The City Council Code of Conduct document
shall be· considered to be the definitive document relating to ethical conduct by
Mountain View City Councilmembers.
I affirm that I have read and understand tlze City of Mountain View City Council Personal Code
of Conduct.
Signature
CTJ.</7 /Council Code of Conduct
610-06-23-lSCoC Page5 of5
Date
CITY COUNCIL
PERSONAL CODE OF CONDUCT
Item 11.b. - Page 143
Attachment 2 to
City Council Code of Conduct
CITY OF MOUNTAIN VIEW
COUNCIL ADVISORY BODY
PERSONAL CODE OF CONDUCT
PREAMBLE
The residents and businesses of Mountain View are entitled to have fair, ethical, and
accountable local government. Such a government requires that public officials,
including Council advisory body members:
• Comply with both the letter and the spirit of the laws and policies affecting
operations of the government.
• Be independent, impartial, and fair in their judgment and actions.
• Use their public office for the public good, not for personal gain.
• Conduct public deliberations and processes openly, unless legally confidential, in
an atmosphere of respect and civility.
To this end, Council advisory body members are expected to adhere to the Code of
Conduct adopted by the Mountain View City Council to encourage public confidence in
the integrity of local government and its fair and effective operation.
Council advisory body members shall sign this Personal Code of Conduct at the first
meeting of the board, commission, or committee upon assuming office and, if
applicable, upon reappointment to the board, commission, or committee as a symbol of
each Council advisory body member's commitment to abide by the principles of this
code during his or her term.
1. Act in the Public Interest
Recognizing that stewardship of the public interest must be their primary concern,
Council advisory body members shall work for the common good of the people of
Mountain View and not for any private or personal interest, and they will
endeavor to treat all persons, claims, and transactions in a fair and equitable
manner.
CLK/7 /Council Code of Conduct
610-06-23-lSCoC Pagel of5
COUNCIL ADVISORY BODY
PERSONAL CODE OF CONDUCT
Item 11.b. - Page 144
2. Comply with the Law
Attachment 2 to
City Council Code of Conduct
Council advisory body members shall comply with the laws of the nation, the State
of California, and the City in the performance of their public duties. These laws
include, but are not limited to: the United States and California Constitutions; the
Mountain View City Charter; laws pertaining to conflicts of interest, election
campaigns, financial disclosures, employer responsibilities, and open processes of
government; and City ordinances and policies.
3. Conduct of Council Advisory Body Members
Council advisory body members shall refrain from abusive conduct, personal
charges, or verbal attacks upon the character or motives of Councilmembers; other
members of the Council advisory body; other boards, commissions, or committees;
staff; or the public.
4. Respect for Process
Council advisory body member duties shall be performed in accordance with the
processes and rules of order established by the City Council.
5. Conduct of Public Meetings
Council advisory body members shall inform themselves of public issues, listen
attentively to public discussions before the body, and focus on the business at
hand.
6. Decisions Based on Merit
Council advisory body members shall base their decisions upon the merits and
substance of the matter at hand.
7. Communication
It is the responsibility of Council advisory body members to publicly share
substantive information that is relevant to a matter under consideration that they
have received from sources outside of the public decision-making process with all
other Council advisory body members.
CLK/7 /Council Code of Conduct
610-06-23-lSCoC Page2 of5
COUNOLADVISORYBODY
PERSONAL CODE OF CONDUCT
Item 11.b. - Page 145
8. Coordination with City Staff
Attachment 2 to
City Council Code of Conduct
Appropriate City staff should be involved when Council advisory body members
meet with officials from other agencies and jurisdictions to ensure proper staff
support, as needed, and to keep staff informed.
9. Disclosure of Corruption ·
All City officials shall take an oath upon assuming office, pledging to uphold the
Constitution and laws of the City, the State, and the Federal government. As part
of this oath, officials commit to disclosing to the appropriate authorities and/ or to
the City Council any behavior or activity that may qualify as corruption, abuse,
fraud, bribery, or other violation of the law.
10. Conflict of Interest
In order to assure their independence and impartiality on behalf of the public
good, Council advisory body members shall not use their official positions to
influence government decisions in which they have a financial interest or where
they have an organizational responsibility or a personal relationship that would
present a conflict of interest under applicable State law.
In accordance with the law, members shall file written disclosures of their
economic interest and if they have a conflict of interest regarding a particular
decision, refrain from participating in that decision unless otherwise permitted by
law.
11. Gifts and Favors
Council advisory body members shall not take advantage of services or
opportunities for personal gain by virtue of their public office that are not available
to the public in general. They shall refrain from accepting gifts, favors, or
promises of future benefits that might compromise their independence of
judgment or action or give the appearance of being compromised.
12. Confidential Information
Council advisory body members shall respect and preserve the confidentiality of
information provided to them concerning the confidential matters of the City.
They shall neither disclose confidential information without proper legal
CLK/7 /Council Code of Conduct
610-06-23-15CoC Page3 of5
COUNCIL ADVISORY BODY
PERSONAL CODE OF CONDUCT
Item 11.b. - Page 146
Attachment 2 to
City Council Code of Conduct
authorization nor use such information to advance their personal, financial, or
private interests.
13. Use of Public Resources
Public resources not available to the general public (e.g., City staff time,
equipment, supplies, or facilities) shall not be used by Council advisory body
members for private gain or personal purposes.
14. Representation of Private Interests
In keeping with their role as stewards of the public trust, Council advisory body
members shall not appear on behalf of the private interests of a third party before
the City Council or any board, commission, or committee, or proceeding of the
City.
15. Advocacy
To the best of their ability, Council advisory body members shall represent the
official policies and positions of the City of Mountain View. When presenting
their personal opinions or positions, members shall explicitly state that they
represent neither the Council advisory body nor the City.
16. Improper Influence
Council advisory body members shall refrain from using their position to
improperly influence the deliberations or decisions of City staff, boards,
commissions, or committees.
17. Policy Role of Members
Council advisory body members shall respect and adhere to the Council-Manager
structure of Mountain View City government as provided in State law and the City
Charter.
18. Positive Work Environment
Council advisory body members shall support the maintenance of a positive and
constructive environment for residents, businesses, and City employees.
CLK/7 /Council Code of Conduct
610-06-23-lSCoC Page4 of5
COUNOLADVISORYBODY
PERSONAL CODE OF CONDUCT
Item 11.b. - Page 147
19. Implementation
Attachment 2 to
City Council Code of Conduct
Ethics standards shall be included in the regular orientations for Council advisory
body members. Upon entering office and upon reappointment, Council advisory
body members shall sign a statement affirming they read and understood the City
of Mountain View's City Council Code of Conduct
20. Compliance and Enforcement
Council advi.Sory body members themselves have the responsibility to assure that
ethical standards are understood and met, and that the public can continue to have
full confidence in the integrity of City government
This Personal Code of Conduct shall be considered to be a summary of the longer City
Council Code of Conduct document The City Council Code of Conduct document
shall be considered to be the definitive document relating to ethical conduct by
Mountain View City Council advisory body members.
I affirm that I have read and understand tlze City of Mountain View City Council Code of
Conduct.
Signature
CT..K/7 /Council Code of Conduct
610-06-23-15CoC Page5 of5
Date
COUNOL ADVISORY BODY
PERSONAL CODE OF CONDUCT
Item 11.b. - Page 148
CITY OF ARROYO GRANDE
POLICY#: A-035
ISSUED: 7/17/17
EFFECTIVE: 7 /17 /17
CANCELLATION DATE: N/A
SUPERSEDES: N/A __...... ............... __ _
POLICY:
ADMINISTRATIVE POLICIES AND PROCEDURES
SUBJECT: REMOTE EMAIL ACCESS
The purpose of this policy is to establish guidelines for remote access to the City
email system. This policy also ensures that remote access to the City email system
is handled in accordance with workplace rules and does not result in an unacceptable
level of security risks.
This policy applies to all employees of the City, temporary workers, elected and
appointed officials and all other individuals authorized to access the City email system.
To the extent that there is any inconsistency between this Policy and Information
Systems Policy A-016, the provisions of this Policy shall prevail. All provisions of Policy
A-016 relating to improper use shall apply to remote email access.
It is the policy of the City of Arroyo Grande to ensure that access to the City email
system from remote locations is provided to users in a secure and effective manner.
This set of requirements defines a framework of standards intended to protect City
networks and servers from the risks inherent in remote access, without significantly
impairing the City's ·mission or the quality of service to the remote user. Qocuments
and email messages received or created while accessing the City email system from a
remote location are public documents subject to disclosure, pursuant to the California
Public Records Act, unless they are deemed to be exempt pursuant to State law.
PROCEDURE:
"Remote Email Access" is a generic term used to describe accessing the City's email
system (e.g. web and/or smartphone access to electronic mail and calendar) from a
location ·other than the assigned City workstation. From time to time, the City may
alter the functions that can be accessed remotely. Users will only be allowed to
access those functions authorized by a Department Director and subject to this policy.
A4thorization for allowing remote email access is limited to job classifications that have
-been designated as "Exempt" from overtime, provided authorization is approved by the
Department Director.
Approval may also be designated with authorization from the City Manager or his/her
designee, for elected and appointed officials or other staff on a case by case basis.
ATTACHMENT 10
Item 11.b. - Page 149
POLICY#: A-035
REMOTE EMAIL ACCESS
PAGE2
Requests must be submitted in writing, on a form developed by the Legislative and
Information Services Department. Remote email access will be implemented by the
City's Information Technology staff only after approval by the user's Department
Director and/or City Manager.
Remote email access is intended to be an alternative and not the primary method for
users to connect to the City email system. The City Manager or his I her designee shall
have the sole discretion to refuse to extend remote email access privileges to any user
or to direct the termination of a remote email access arrangement at any time. ·
Remote email access is a privilege and may be terminated by the employee's
supervisor, Department Director or City Manager at any time. It is also voluntary and
may be terminated at any time by the employee.
User Responsibilities
All authorized remote e m a i I a ccess users must comply with the City's
Information Systems Policy. All information obtained through remote email access is the
property of the City, should be used for the purpose of conducting City business and is
not intended for personal use.
Users are responsible for actively protecting City information and information systems
when using remote email access services. Users· must connect through a designated
remote email access service in accordance with specific Remote Email Access User
Instructions issued by the Legislative and Information Services Department and as they
may be amended from time to time.
Users participating in the Remote Email Access Program remain obligated to comply
with all City rules, policies, practices and instructions.
Users must adhere to the City's standard data security procedures. Data and
information used by employees provided remote email access must be treated with ·the
same caution and respect given confidential material in the office .. The City retains
ownership of all data and files. Information related to remote email access shall not be
shared with family members or any unauthorized personnel.
Users participating in the Remote Email Access Program are responsible for securing
any City-owned equipment, including but not limited to mobile data devices and tablets,
from unauthorized access. Users are required to return all equipment when it is no
longer being used for remote email access, upon separation from employment with the
City, or upon the request of the City. Remote access user names and· passwords shall
be kept confidential and not shared with others.
Item 11.b. - Page 150
POLICY#: A-035
REMOTE EMAIL ACCESS
PAGE3
City Responsibilities
All City-owned equipment (hardware, software, and other equipment) to be used by
employees in the Remote Email Access Program shall be inventoried by Information
Technology.·
Department Directors are responsible for notifying Information Technology staff when
remote email a~cess privileges are to be terminated or suspended for any employee.
Minimum Standards of Personally-Owned Electronic Equipment
It is recognized that a Remote Email Access User may own personal equipment
suitable for accessing the City email system under this policy. The City does not take
any responsibility for non-City owned equipment. Users shall ensure that antivirus
software on personal devices used to access the City's email system is up to date prior
to connecting to the City's system.
Information Technology (IT) staff will ·provide instructions related to how users can
connect to Remote Em a i I Access. IT assistance shall be limited to assuring City
network components are operational and will not extend to support maintenance of user
owned hardware or software.
PROCEDURES FOR OBTAINING REMOTE ACCESS PRIVILEGES
1. Read the City's Information Systems and Remote Email Access Policies.
2. Complete the Remote Email Access User Agreement form (Attachment A) and
obtain Department Director approval.
3. If required, forward for approval by City Manager or his I her designee.
4. Submit approved Agreement to the Information Technology Manager. A copy will be
forwarded to Human Resources for placement in the employee's Personnel File.
VIOLATIONS AND PENAL TIES
Violations include, but are not limited to the following:
• Sharing Remote Email Access sign-on credentials with unauthorized users;
• Non work-related use of Remote Email Access;
• Failure to conform with the terms of the City's Remote Email Access User
Agreement;
• Failure to notify the City when Remote Email Access sign-on credentials have been
compromised;
• Improper use of the City email system, as set forth in Policy A-016;
• Failure to comply with City security and computer use policies and best practices.
Item 11.b. - Page 151
POLICY#: A-035
REMOTE EMAIL ACCESS
PAGE4
Penalties for violation of the Remote Email Access Policy will vary depending on the
nature and severity of the specific violation. Any employee who violates the Remote
Email Access Policy will be subject to:
1. Restriction of remote email access rights and privileges.
2. Termination of remote email access privileges.
3. Disciplinary action including but not limited to reprimand, suspension, and/or
termination of employment pursuant to the City1s Personnel Regulations.
4. Civil or criminal prosecution under federal and/or state law as applicable .
. Bergman
ager
Item 11.b. - Page 152
EXHIBIT A
CITY OF
Remote Email Access Agreement
I acknowledge that I have read, understand, and agree to, each of the provisions in the City of
Arroyo Grande Remote Email Access Policy. The policy applies to me and any other authorized
person who uses the City of Arroyo Grande Remote Email Access from my computer or other
device. By initiating, activating or using the City of Arroyo Grande Remote Email Access from my
computer or other device, I will have been deemed to have accepted _the current version of the
City of Arroyo Grande Remote Email Access Policy. If I do not agree to the terms of the p9licy, I
may not use the City of Arroyo Grande Remote Email Access from my computer or other device.
I have reviewed the Remote Email Access Policy, and agree to comply with all regulations
stipulated in this Agreement.
Employee Name: -----------------
Employee Signature: _________________ Date: ________ _
Approved by:
Department Director Signature: _____________ Date: _______ _
Original: Information Technology
Copy: Employee (Personnel Fiie)
Item 11.b. - Page 153
I
'
POLICY#: A-016
INFORMATION SYSTEMS
PAGES
F. Any disagreement between a Department Director and the Human
Resources -Manager concerning the scheduling of the Department
Automation. Specialist will be resolved by the City Manager.
----
p.--E-MAIL
A E-mail exists to enhance _communications for business purposes.
Employees are encouraged to use e-mail as a tool for fulfilling their
assigned duties. Good judgement should be used at all times·regarding
its appropriate use.
B. Improper use will not be tolerated. · Prohibited uses include, but are not
limited, to the following: _
1. Transmittal of anything in violation of any federal, state or local law,
ordinance or regulation.
2. Use of inappropriate, derogatory, obscene, suggestive, defamatory,
offensive or harassing language.
3. Misrepresentation of an employee's identity.
4. Unauthorized transmittal of copyrighted material.
5. · Any action causing the City to incur a fee or charge without prior
authorization.
6. Any communication that compromises the integrity of the City and
its business in any manner.
7. Distribution of chain letters.
8. Involvement in gambling, commercial, personal profit-making or
political activity.
C. Employees should be aware of the fact that deletion of a message or file
may not fully eliminate the message from the system.
D. Employees shall be ayvare of the fact that, under most circumstances,
· communications sent by e-mail may be subject to disclosure under the
Public Records Act or litigation.
E. Every effort should be made to respond to e-mail communications from
the public within 24 hours Monday through Friday. Inter-departmental
ATTACHMENT 11
Item 11.b. - Page 154
·POLICY#: A-016
INFORMATION SYSTEMS
PAGES
communications should be answered within eight (8) hours, Monday
through Friday. All messages should be communicated in a courteous
and professional manner.
F. While the use of e-mail is furnished for official City business, incidental
and occasior:ial brief personal use is permitted so long as it is not during
normal work time and does not interfere with the employee's work or
violate any provisions of this policy.
G. E-Mail File Management -For file management and storage purposes, e-
mail messages should only be retained for as long as needed to
accurately document City functions and to help create a historical record.
This means deleting messages soon after they have been read, sent, or
printed and filed in a record keeping system. Individual e-mail accounts
are established with a mailbox size limit of 150 megabytes. Users are
responsible for routinely deleting or archiving all messages (including
'.'sent" items) when no longer needed to avoid overloading the storage
capacity of the system. The system is configured to a·utomatically delete
messages more than 180 days old. Messages in the ''trash" folder are
automatically deleted after 14 days. The City retains system-wide
backups for one week (5 business days, Monday through Friday). This
means that any messages included in the scheduled system backup are
recoverable for up to one week from the date the message was deleted.
6. Network
A. The loading of software onto the file servers shall be restricted activity.
Only authorized MIS personnel will perform this function.
B. The loading of software onto the file servers shall be restricted activity.
Only authorized MIS personnel will perform this function. Each network
user shall be assigned his/her own unique login user name and User ID
and password. In order to ensure network integrity, User ID and
passwords should not be shared with anyone.
C. Each of the file servers is configured with an automated tape backup
system, and shall be available for recovery from catastrophic failure qf the
network and for the restoration of individual files or documents that might
have been inadvertently deleted. While each of the file servers are
protected, data stored on the local "C" drives of individual PCs shall be
protected by performing a local media backup. This is the responsibility of
each individual PC user.
D. The fundamental document transfer policy shall require that as long as an
iod.ividual is working on a document, that document is in his/her control
Item 11.b. - Page 155
THIS PAGE INTENTIONALLY LEFT BLANK
Item 11.b. - Page 156