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Agenda Packet_11.07.18CITY OF CUPERTINO AGENDA LIBRARY COMMISSION 7:00 PM Cupertino Library, 10800 Torre Avenue, Conference Room Wednesday, November 7, 2018 PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES 1.Subject: Regular Meeting of September 5, 2018 Draft Minutes 2.Subject: Regular Meeting of October 3, 2018 Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the commission on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the commission from making any decisions with respect to a matter not listed on the agenda WRITTEN COMMUNICATIONS OLD BUSINESS 3.Subject: Cupertino User Survey Results & Actions 4.Subject: 2018-2019 Work Plan Page 1 November 7, 2018Library Commission AGENDA 5.Subject: Improving Efficiency and Communication of City Commissions Memorandum to Commissions A - Rosenberg's Rules of Order B - Rosenberg's Rules of Order at a Glance C - Robert's Rules of Order at a Glance D - Parliamentary Procedure at a Glance - Sturgis E - Parliamentary Procedures in Other Cities F - Code of Ethics and Conduct for Elected and Appointed Officials NEW BUSINESS 6.Subject: Survey - Proposed Questions and Incentive Program STAFF AND COMMISSION REPORTS 7.Subject: Cupertino Community Librarian Report County Librarian Report Friends of the Library Report Cupertino Library Foundation Report Commissioner Report Poet Laureate Report Staff Report Calendar Review ADJOURNMENT Page 2 November 7, 2018Library Commission AGENDA In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the meeting to arrange for assistance. Upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the members after publication of the agenda will be made available for public inspection. Please contact the City Clerk’s Office in City Hall located at 10300 Torre Avenue during normal business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. Members of the public are entitled to address the members concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the members on any other item not on the agenda, you may do so during the public comment. Page 3 DRAFT MINUTES LIBRARY COMMISSION Wednesday, September 5, 2018 LIBRARY COMMISSION REGULAR MEETING CALL TO ORDER At 7:04pm, Chair Wang called the meeting to order at the Cupertino Library, 10800 Torre Ave, Cupertino in the Story Room. ROLL CALL Commissioners: Amanda Jia Wo, Gopal Kumarappan, Christie Wang, Liana Crabtree, Rose Grymes. Absent: None City/County Library Staff: Christine Hanel, Clare Varesio, Nancy Howe, Jeff Trybus, Chuck Griffin APPROVAL OF MINUTES Special Meeting of May 2, 2018: SWOT Analysis The Commission amended the SWOT Analysis, adding more to the title of each category and adding a footnote. Commissioner Kumarappan motioned to approve the amended SWOT Analysis from May 2 and Chair Wang seconded. Motion passed with 3 yes and 2 abstain. Special Meeting of July 23, 2018 The Commission requested moving the last sentence of paragraph 2 to paragraph 3 under Old Business. Vice Chair Crabtree motioned to approve the amended minutes and Commissioner Kumarappan seconded. Motion passed with 3 yes and 2 abstain. Regular Meeting of August 1, 2018 The Commission requested changing the month from August to July under the Explore Merging Commissions item in the first sentence. Chair Wang motioned to approve the amended minutes and Commissioner Grymes seconded. Motion passed unanimously. POSTPONEMENTS None ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS None The Commission moved the Library Parking item number 5 next on the agenda. NEW BUSINESS Library Parking Jeff Trybus provided an update on the 4-minute book drop parking at the Cupertino Library. Both Code Enforcement and Sheriffs have monitored and issued citations as necessary. Jeff reached out to the Public Works department. Recommending public outreach by: - A-frame sign indicating possible municipal code citation. The design and wording will be approved by the Library Commission at a future meeting. Shared the following data: - In 2016, 188 parking citations for the Library Parking Area. - In 2017, 316 parking citations total. - In 2018, 70 citations so far. Recommended advertising to the public, such as Facebook and the Cupertino Scene, once sign was created. Vice Chair Crabtree motioned to approve the proposal to design an A-frame sign and will consider methods of outreach when the sign sample is presented to the Commission. Commission Kumarappan seconded. Motion passed unanimously. OLD BUSINESS Cupertino User Survey Results & Actions Clare Varesio highlighted the following: - Wayfinding project is complete. - New Mobile Furniture – children’s group study room - Created interpretive signage along fish tank display. - Increased in investment in EBooks. - Increases in weekend programs, with 145 attendees in 4 programs in August. In total, 34,000 patrons in 711 programs. - Outreach program – 130 visits, with 6615 attendees7 - New Services – Passport Acceptance Program, Extra 6 hours of operation per week. Increase in evening hour’s attendance since June, and visitor and circulation totals increased from August 2017. On September 18, there was a City Council Proclamation for Expanded Library Hours. NEW BUSINESS Commissions Merge and Efficiency Improvements Provide more updates to City Council throughout the year. Staff should continue attending meetings. Audio recording in addition to minutes recommended. Commissioner Kumarappan motioned to recommend audio recording of future meetings. Chair Wang seconded. Motion passed with 4 yes and 1 no. 2018-2019 Work Plan Staff will send the City Council work plan to the Commissioners for reference. Staff requested the Commissioners send in work plan brainstorming ideas by September 21. STAFF AND COMMISSION REPORTS  Cupertino Community Librarian Report – August report as submitted.  County Librarian Report – As submitted.  Friends of the Library Report – None.  Cupertino Library Foundation Report – None.  Commissioner Report – Chair Wang will send minutes from the Mayor’s Meeting to the Commission. Commissioner Crabtree announced Lookmobile, a partnership with a local non-profit.  Poet Laureate Report – None.  Staff Report – None.  Calendar Review – Commissioners to attend Mayor’s meetings, 1st Wednesday @ 5:30pm, as follows: Commissioner Wo – November 7 Commissioner Kumarappan – December 5 ADJOURNMENT: The meeting adjourned at 9:41pm. Respectfully Submitted by, Christine Hanel, Assistant Director of Recreation and Community Services Minutes approved at the _________ meeting. DRAFT MINUTES LIBRARY COMMISSION Wednesday, October 3, 2018 LIBRARY COMMISSION REGULAR MEETING CALL TO ORDER At 7:05pm, Vice Chair Crabtree called the meeting to order at the Cupertino Library, 10800 Torre Ave, Cupertino in the Story Room. ROLL CALL Commissioners: Amanda Jia Wo, Gopal Kumarappan, Christie Wang (arrived at 7:08pm), Liana Crabtree, Rose Grymes. Absent: None City/County Library Staff: Christine Hanel, Clare Varesio, Chris Brown APPROVAL OF MINUTES Regular Meeting of September 5, 2018 Item was tabled to the November meeting. POSTPONEMENTS None ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS None OLD BUSINESS Cupertino User Survey Results & Actions Clare Varesio highlighted the following: - Service Plan Update - have 85% of residents to be active library cardholders - Targeted Language Schools – 495 parent/student outreach - East meets west audience – 2100 attendees - Passport acceptance service – began in April 2018, total of 818 applications - District Wide Goals: o Alignment of program times with community norms. 60 weekend programs – 3900 attendees. o Direct mail campaign to new residents  Library Ecard o Student cards offered to all CUSD students - Chris Brown discussed upcoming 2019 survey, surveying current library users. Used a survey company to ensure best practices. o Would like questions regarding accessibility & parking. o There will be 12 focus groups established. o Suggested complimentary survey through the City: Godbe or an online survey. The Commission offered to assist with outreach to non-English speakers and can send one member to the focus group. Commissioner Kumarappan and Vice Chair Crabtree will form a subcommittee for accessibility. Commissioner Kumarappan motioned to have funding to be established to purchase as a participation incentive to support surveys by Cupertino Residents. Chair Wang seconded. Motion passed unanimously. 2018-2019 Work Plan At the next meeting, will have each commissioner bring a list of objectives. Will have easel pads and post-it notes with prioritized objectives to continue work on the Commission work plan. NEW BUSINESS January 2019 Meeting Commissioner Grymes motioned to move the January meeting to January 9, 2019, at 7pm. Commissioner Wo seconded. Motion passed unanimously. STAFF AND COMMISSION REPORTS  Cupertino Community Librarian Report – September report as submitted.  County Librarian Report – As submitted.  Friends of the Library Report – None.  Cupertino Library Foundation Report – None.  Commissioner Report – None.  Poet Laureate Report – None.  Staff Report – None.  Calendar Review – Commissioners to attend Mayor’s meetings, 1st Wednesday @ 5:30pm, as follows: Commissioner Crabtree – January 2019 ADJOURNMENT: The meeting adjourned at 9:12pm. Respectfully Submitted by, Christine Hanel, Assistant Director of Recreation and Community Services Minutes approved at the _________ meeting. OFFICE OF THE CITY MANAGER CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3212 www.cupertino.org MEMORANDUM TO COMMISSIONS November 7, 2018 Subject Findings from staff’s review of the efficiency of commissions and communication with the City Council. Background As part of the 2018-19 Work Program adopted on March 6, 2018, Council requested that staff explore the consolidation of certain commissions. However, at the study session held on July 31, 2018, Council directed staff to review the structure of all Cupertino commissions to explore options for improving efficiency and communication with Council overall. The Cupertino City Council has created a total of ten commissions. There are typically five members of the public appointed by Council to serve on each commission. The primary role of commissions is to assist the Council in the formation of policy by gathering information, weighing public input, and examining issues in depth to render a recommendation to the Council. This can include hearing public testimony on the Council’s behalf, building community consensus for proposals or projects as directed by Council, reviewing written material, studying critical issues, guiding the implementation of new programs or regulating established programs, assessing alternatives regarding issues of community concern, and ultimately forwarding recommendations to the Council for consideration. Commissions serve at the will of the Council, therefore, commissions can be created or disbanded and commissioners can be dismissed by a majority vote of the Council. The following table summarizes the City’s commissions with brief descriptions of the community priority areas they are responsible for. Commission Description Meeting Frequency Est. Duration Bicycle Pedestrian Commission Advises Council on transportation matters within Cupertino including bicycle and pedestrian traffic, parking, education, and recreation. Practice: Monthly Mandate: At least every other month 2 hrs Fine Arts Commission Fosters, encourages, and assists in the realization, preservation, and advancement of fine arts for the benefit of the citizens of Cupertino. Every other month 2+ hrs Commission Description Meeting Frequency Est. Duration Housing Commission Assists in recommending housing policies and strategies, monitoring affordable housing projects, and identifying sources of funding for affordable housing. Practice: Monthly Mandate: At least quarterly 1-1.5 hrs Library Commission Advises Council regarding library service in the community and serves as liaison between the City and the Santa Clara County Library JPA. Practice: Monthly Mandate: At least every other month 2.5 hrs Parks & Recreation Commission Advises Council on parks and recreation related activities, including park site acquisition and development, community activities, and recreation policies. Monthly 2.5 hrs Planning Commission Advises Council on land use matters such as specific and general plans, zonings and subdivisions. Reviews other matters as specified by City ordinances or Title VII of the Government Code of California. Twice a month 1-4 hrs Public Safety Commission Advises Council on areas relating to public safety, traffic, police, fire and other areas where public safety may be of concern. Practice: Monthly Mandate: At least every other month 2.5 hrs Sustainability Commission Advises Council on major policy and programmatic areas related to the environmental goals in Cupertino’s Climate Action Plan and General Plan’s Environmental Resources/Sustainability Element. Practice: Monthly Mandate: At least quarterly 2 hrs Teen Commission Advises Council and staff on issues and projects important to youth in the Cupertino community. Twice a month (Sept-May) Monthly (Jun-Aug) 2.5 hrs Technology, Information, & Communications Commission Advises Council on all matters relating to telecommunications in Cupertino and provides support for community access television. Practice: Monthly Mandate: At least quarterly 2 hrs Discussion To explore improving efficiency and communication, staff reviewed the City’s current commission structure and conducted a survey of 16 local cities to determine best practices. Communications with Council Council Liaisons Currently, each commission is assigned a staff liaison whose role is to provide administrative support and information that will assist commissioners throughout the decision-making process. In addition to staff liaisons, some cities also have Council liaisons that are assigned to commissions to help facilitate the exchange of information between a Council and its commissions. While Cupertino does not have council liaisons for commissions, almost half of the local cities surveyed do assign councilmembers to commissions. Of these cities, Milpitas, Palo Alto, and Sunnyvale do not assign Council liaisons for quasi-judicial commissions, such as the Planning Commission. Cities with Council liaisons have found that this structure can provide an opportunity for commissioners to connect with a member of the Council and receive guidance regarding Council processes. Council liaisons can also report back to the entire Council regarding commission updates and monitor commission performance when necessary. However, some cities indicated that the Council liaison role is not well-defined and may be duplicative of the staff liaison. It is also important to consider that Council liaisons could be pressured to speak on sensitive issues or have undue influence due to their councilmember status. As a best practice, there are parameters placed on Council liaisons. For example, Council liaisons may attend their assigned commission meeting but do not participate as a member of the commission. Also, they are not to speak on behalf of the Council on matters that were not previously discussed with the Council as a whole. COUNCIL LIAISONS IN OTHER CITIES Council liaisons are assigned to Commissions Council liaisons are NOT assigned to Commissions LOS ALTOS LOS ALTOS HILLS MILPITAS (except quasi-judicial) PALO ALTO (except quasi-judicial) SAN JOSE SAN MATEO SUNNYVALE (except quasi-judicial) CAMPBELL GILROY LOS GATOS MENLO PARK MORGAN HILL MOUNTAIN VIEW REDWOOD CITY SANTA CLARA SARATOGA Work Programs Work programs provide an opportunity for commissioners to identify the different priorities and projects that each commission will be working on during the year. Currently, Cupertino commissions are not required to have their work programs approved by Council. The survey of local cities found that most commission work programs are formally approved by Council. The City of Los Altos goes a step further and has commission work programs reviewed at a joint meeting between the commission and the full Council. Requiring that work programs be approved by Council ensures that commissions are working to further Council priorities and may improve Council’s engagement by focusing annual reviews on each commission’s deliverables. This process would result in each of the work programs coming to Council as additional items, but allow an opportunity for Council to provide more guidance and direction to commissions. COMMISSION WORK PROGRAMS IN OTHER CITIES No formal work program required Work programs are formally approved by Council Work program reviewed at joint meeting with Council CAMPBELL LOS ALTOS HILLS PALO ALTO SAN MATEO SANTA CLARA GILROY LOS GATOS MENLO PARK MORGAN HILL MOUNTAIN VIEW REDWOOD CITY SARATOGA SAN JOSE SUNNYVALE MILPITAS (in the process of formalizing this requirement) LOS ALTOS Mayors Meetings Cupertino is unique when it comes to the monthly Mayor’s meeting, in which representatives from each commissions meet with the Mayor to discuss updates. No other cities hold a monthly Mayor’s meeting with commissioners. Instead, commissioners in other cities provide updates to Council by other means. For example, Menlo Park requires commissions to provide a quarterly report to Council. Mountain View has an annual meeting for commission updates which includes the chair of each commission. Sunnyvale has an annual meeting with the Mayor, Vice-Mayor, and all commission chairs and vice-chairs to confirm that they are following policies regarding organization and structure. The City of Santa Clara has a joint meeting with their full Council and a different board or commission each month to provide updates and information on upcoming events. While not included in our survey of 16 local cities, Walnut Creek holds a meeting similar to Cupertino’s Mayor’s meeting. It is a quarterly informational meeting in which the Mayor, Mayor Pro Tem, and all commission chairs and vice-chairs give updates to one another. Minutes are taken by the City Clerk or Deputy City Clerk and after they are approved, the minutes are included as a report out to the rest of the Council. Walnut Creek staff have found this quarterly meeting to be beneficial as it is well attended, allows commissioners to hear what others are working on, and provides an opportunity for commissioners to voice their concerns to the Mayor. In-line with Walnut Creek, it may beneficial to have minutes taken at Cupertino’s Mayor’s meetings that are then provided to the full Council. This would add another level of engagement between commissions and Council. To accomplish this, either an attendee of the meeting would take minutes or staff time would be required to capture the meeting minutes. Efficiency and Consistency Protocol Staff reviewed each commission’s current meeting protocols and procedures to identify any areas that could be improved. Currently, commissions may adopt rules and procedures, with Council approval, to help them accomplish their duties. If no such rules or procedures are adopted, Robert’s Rules of Order may be followed but are not required. To date, no commissions have adopted formalized procedures. In practice, while some commissions follow Robert’s Rules of Order, most commission meetings do not follow a formal parliamentary procedure. To facilitate productive meetings, Council should consider formally adopting a parliamentary protocol for commissions to follow. This standardization would not only help clarify the structure of meetings but also assist in streamlining training for commissioners and staff liaisons. A few examples of parliamentary procedures are Rosenberg’s Rules of Order (Attachment A & B), Robert’s Rules of Order (Attachment C), and the Sturgis Parliamentary Procedure (Attachment D). The City Clerk’s Office recommends Rosenberg’s Rules of Order as they are user- friendly and more easily understood than other procedures. Most of the local cities surveyed use Robert’s Rules of Order. However, the City Clerk conducted a wider-reaching survey of California cities in which most cities used Rosenberg’s Rules of Order (Attachment E). In addition, it is standard practice for all commissions to have minutes taken for their meetings. Currently, the City’s commissions take either action minutes or summary minutes. Most other cities surveyed take action minutes, but some have a mixture of both summary and action minutes in their commissions. Cupertino’s Planning Commission and Parks and Recreation Commission are also video recorded. All other cities surveyed also video record their Planning Commission meetings but typically do not video record other commissions. About half of the cities surveyed audio record their other commissions, only three of which post them online. COMMISSION MEETING RECORDS IN OTHER CITIES City Type of Commission Minutes Commissions Recorded CAMPBELL Action and summary Planning Commission is video recorded and posted online. None of the other commissions are audio recorded. COMMISSION MEETING RECORDS IN OTHER CITIES City Type of Commission Minutes Commissions Recorded GILROY Action w/ brief summary Planning Commission is video recorded and posted online. All other commissions are audio recorded (not posted online). LOS ALTOS Action Planning Commission is video recorded and posted online. All other commissions are audio recorded (not posted online). LOS ALTOS HILLS Action and summary Planning Commission is video recorded and posted online. None of the other commissions are audio recorded. LOS GATOS Action Planning Commission is video recorded and posted online. All other commissions are audio recorded (not posted online). MENLO PARK Action w/ summary minutes for Planning Commission Planning Commission and Complete Streets Commission (Special meetings) are video recorded and posted online. None of the other commissions are audio recorded. MILPITAS Action w/ summary minutes for Planning Commission Planning Commission is video recorded and posted online. All other commissions are audio recorded (not posted online). MORGAN HILL Action All commission meetings are video recorded and posted online. MOUNTAIN VIEW Action Planning Commission is video recorded and posted online. All other commissions are audio recorded and posted online. PALO ALTO Summary w/ verbatim minutes for Planning & Transportation Commission All commissions are video recorded and posted online. REDWOOD CITY Action w/ summary minutes for Planning Commission Planning Commission is video recorded and posted online. None of the other commissions are audio recorded. COMMISSION MEETING RECORDS IN OTHER CITIES City Type of Commission Minutes Commissions Recorded SAN JOSE Action Planning Commission is video recorded and posted online. All other commissions are audio recorded (not posted online). SAN MATEO Policy outlines action minutes but is a mix of action and summary minutes in practice Planning Commission, Sustainability & Infrastructure Commission are video recorded and posted online. Some commissions are audio recorded (not posted online). SANTA CLARA Action Planning Commission is video recorded and posted online. All others commissions are audio recorded and posted online. SARATOGA Action Planning Commission is video recorded and posted online. None of the other commissions are audio recorded. SUNNYVALE Action Planning Commission is video recorded and posted online. All other commissions are audio recorded and posted online. Staff recommends selecting one format for meeting minutes for all commissions. Action minutes would reduce staff time as well as strictly communicate the facts and actions of the meeting rather than including an interpretation of the discussion. Summary minutes provide a more detailed description of the discussions leading up to the actions in the meeting. If Council desired to require audio recordings of commission meetings, this could be accomplished in a few different ways. One way is to provide each commission staff liaison with a recording device. A high-quality audio recorder would have an estimated cost of $60-$100 per device. Additional staff time required would be minimal. Alternatively, the staff liaison could use their City-issued iPad to record if they have one. The IT Department is currently exploring the potential of outfitting City conference rooms with audio recording equipment and the associated costs. If audio recordings are done, they would be considered public record and would be subject to the City’s retention schedule. The current retention schedule stipulates that the audio recording should be kept for 30 days or until the meeting minutes are approved, whichever is longer. Council could decide to extend the retention schedule and make recordings available online. Internal Consistency Staff identified inconsistencies within the Cupertino Municipal Code. For example, the Teen Commission is the only commission not codified. There are also inconsistencies in the language regarding record keeping and the references to the resolution governing advisory bodies. Staff plans to return to Council with recommended changes to address these consistency issues. Duplication Initially, there was a concern regarding the duplicative mandates of commissions. As discussed at the July 31st Study Session, commissions typically do not overlap in practice. However, in the Cupertino Municipal Code, there are areas of potential duplication. For example, the Parks and Recreation Commission mandate does include, “Sheriff, Library, Fire, and Disaster Preparedness,” which may be considered as areas under the Library and Public Safety Commissions. To address this, staff suggests removing or clarifying language on commission functions. Facilitating Collaboration While duplication doesn’t appear to be an issue of concern within the City’s commissions, there will inevitably be issues and topics that are relevant to more than one commission’s expertise. For example, traffic safety could be relevant to both the Public Safety Commission and the Bicycle Pedestrian Commission. Currently, the Commissioner Handbook does have a section regarding “Relations with Other Boards, Commissions, and Committees.” Staff intends to revise this section to explain that in instances where a topic is relevant to more than one commission, the relevant commissions should work collaboratively on the project or recommendation so that all viewpoints can be considered, minimizing duplication or conflict. There are multiple junctures at which a topic can be identified as a candidate for collaboration. Most cities rely on the staff liaison to identify issues in their commissions which may be relevant to others. Likewise, Cupertino should train staff liaisons to be aware of any items that call for collaboration. Additionally, if all commissions have work programs approved by Council, the Council may direct commissions to collaborate on any items. The Mayor’s monthly meetings with commissions could also be a venue for fellow commissioners or the Mayor to identify issues of mutual interest. Other Best Practices Code of Ethics and Conduct In reviewing commission policies and guidelines from other cities, staff found that the majority of cities had adopted a formal code of conduct or ethics for commissions to abide by. Typically the code applies to the city’s councilmembers as well, unless they have a code specific to Council. A code of ethics and conduct can cover topics ranging from conflict of interest, confidentiality, advocacy, acting in the public interest, and proper use of an individual’s City title. While all cities indicated that a commissioner can be dismissed by a vote of the Council, a few cities such as San Mateo, Santa Clara, and Sunnyvale clearly state that any violation of the code of ethics and conduct are grounds for removal as a commissioner. Except for Sunnyvale, the cities surveyed did not have formal written procedures for the removal process. In practice, removal typically involves a letter of reprimand to the commissioner in violation, followed by a discussion and decision by the City Council to formalize the dismissal. Next Steps Staff will collect feedback from commissions to incorporate into the report to Council. Recommendations regarding commissions are expected to be brought to the Council meeting on November 20, 2018. Staff plans to include proposed revisions to the Cupertino Municipal Code as well as a draft code of ethics and conduct (Attachment F) for Council consideration. Following the Council meeting, staff will revise the Commissions Handbook to reflect recommendations approved by Council and provide training to commissioners and liaisons. Fiscal Impact The fiscal impact is dependent on the recommendations selected. Staff will evaluate fiscal impacts when final recommendations are presented. _____________________________________ Prepared by: Katy Nomura, Senior Management Analyst, and Toni Oasay-Anderson, Management Analyst Reviewed by: Jaqui Guzmán, Deputy City Manager Approved for Submission by: Amy Chan, Interim City Manager Attachments: A – Rosenberg’s Rules of Order B – Rosenberg’s Rules of Order at a Glance C – Robert’s Rules of Order at a Glance D – Parliamentary Procedure at a Glance - Sturgis E – Parliamentary Procedures in Other Cities F – Draft Code of Ethics and Conduct for Elected and Appointed Officials Rosenberg’s Rules of Order REVISED 2011 Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg ATTACHMENT A ii MISSION and CORE BELIEFS To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians. VISION To be recognized and respected as the leading advocate for the common interests of California’s cities. About the League of California Cities Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities. The League strives to protect the local authority and automony of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine. © 2011 League of California Cities. All rights reserved. About the Author Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies. 1 Table of Contents About the Author ............................................................................................................ii Introduction ....................................................................................................................2 Establishing a Quorum ...................................................................................................2 The Role of the Chair ......................................................................................................2 The Basic Format for an Agenda Item Discussion ........................................................2 Motions in General .........................................................................................................3 The Three Basic Motions ................................................................................................3 Multiple Motions Before the Body .................................................................................4 To Debate or Not to Debate ............................................................................................4 Majority and Super-Majority Votes ...............................................................................5 Counting Votes ................................................................................................................5 The Motion to Reconsider ..............................................................................................6 Courtesy and Decorum ..................................................................................................7 Special Notes About Public Input ..................................................................................7 2 Establishing a Quorum The starting point for a meeting is the establishment of a quorum. A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three. When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished. The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body. The Role of the Chair While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself. Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time. The Basic Format for an Agenda Item Discussion Formal meetings normally have a written, often published agenda. Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format: Introduction The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert’s Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert’s Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order. Hence, the birth of Rosenberg’s Rules of Order. What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly. This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars: 1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings. 2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate. 3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process. 4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process. 3 Ninth, the chair takes a vote. Simply asking for the “ayes” and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain.” Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated. Tenth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body.” Motions in General Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus. Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words “I move … ” A typical motion might be: “I move that we give a 10-day notice in the future for all our meetings.” The chair usually initiates the motion in one of three ways: 1. Inviting the members of the body to make a motion, for example, “A motion at this time would be in order.” 2. Suggesting a motion to the members of the body, “A motion would be in order that we give a 10-day notice in the future for all our meetings.” 3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time. The Three Basic Motions There are three motions that are the most common and recur often at meetings: The basic motion. The basic motion is the one that puts forward a decision for the body’s consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser.” First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item. Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item. Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond. Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input. If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed). Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion. Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair. Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion. This is done in one of three ways: 1. The chair can ask the maker of the motion to repeat it; 2. The chair can repeat the motion; or 3. The chair can ask the secretary or the clerk of the body to repeat the motion. Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it. 4 First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions. Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended. Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser. To Debate or Not to Debate The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion): Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote. Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote. Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote. The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee.” A motion to amend takes the basic motion that is before the body and seeks to change it in some way. The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year.” “Motions to amend” and “substitute motions” are often confused, but they are quite different, and their effect (if passed) is quite different. A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to amend” or a “substitute motion” is left to the chair. So if a member makes what that member calls a “motion to amend,” but the chair determines that it is really a “substitute motion,” then the chair’s designation governs. A “friendly amendment” is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, “I want to suggest a friendly amendment to the motion.” The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend. Multiple Motions Before the Body There can be up to three motions on the floor at the same time. The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair. When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser.” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year.” The proper procedure would be as follows: 5 Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass. Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass. Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item. Counting Votes The matter of counting votes starts simple, but can become complicated. Usually, it’s pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated. If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the “no” votes and double that count to determine how many “yes” votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote “no” then the “yes” vote of at least four members is required to achieve a two-thirds majority vote to pass the motion. What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated. Vote counting starts to become complicated when members vote “abstain” or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes. In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold.” The motion can contain a specific time in which the item can come back to the body. “I move we table this item until our regular meeting in October.” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote. Motion to limit debate. The most common form of this motion is to say, “I move the previous question” or “I move the question” or “I call the question” or sometimes someone simply shouts out “question.” As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor. However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it. When a member of the body makes such a motion (“I move the previous question”), the member is really saying: “I’ve had enough debate. Let’s get on with the vote.” When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body. Note: A motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes.” Even in this format, the motion to limit debate requires a two- thirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote. Majority and Super Majority Votes In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails. All motions require a simple majority, but there are a few exceptions. The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass: Motion to limit debate. Whether a member says, “I move the previous question,” or “I move the question,” or “I call the question,” or “I move to limit debate,” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass. 6 Now, exactly how does a member cast an “abstention” vote? Any time a member votes “abstain” or says, “I abstain,” that is an abstention. However, if a member votes “present” that is also treated as an abstention (the member is essentially saying, “Count me for purposes of a quorum, but my vote on the issue is abstain.”) In fact, any manifestation of intention not to vote either “yes” or “no” on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well. Can a member vote “absent” or “count me as absent?” Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually “absent.” That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais. The Motion to Reconsider There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed. A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider. First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.) Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality. If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time. California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count. After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of “those present” then you treat abstentions one way. However, if the rules of the body say that you count the votes of those “present and voting,” then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are “present and voting.” Accordingly, under the “present and voting” system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion as if they did not exist (they are not “voting”). On the other hand, if the rules of the body specifically say that you count votes of those “present” then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like “no” votes. How does this work in practice? Here are a few examples. Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are “present and voting.” If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails. Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies. If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three “yes,” one “no” and one “abstain” also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote. Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members “present.” Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a “no” vote. Accordingly, if the votes were three “yes,” one “no” and one “abstain,” then the motion fails. The abstention in this case is treated like a “no” vote and effective vote of 3-2 is not enough to pass two-thirds majority muster. 7 Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed. Call for orders of the day. This is simply another way of saying, “return to the agenda.” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed. Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized. Special Notes About Public Input The rules outlined above will help make meetings very public- friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item: Rule One: Tell the public what the body will be doing. Rule Two: Keep the public informed while the body is doing it. Rule Three: When the body has acted, tell the public what the body did. Courtesy and Decorum The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude. Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body. Can a member of the body interrupt the speaker? The general rule is “no.” There are, however, exceptions. A speaker may be interrupted for the following reasons: Privilege. The proper interruption would be, “point of privilege.” The chair would then ask the interrupter to “state your point.” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear. Order. The proper interruption would be, “point of order.” Again, the chair would ask the interrupter to “state your point.” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. 1400 K Street, Sacramento, CA 95814 (916) 658-8200 | Fax (916) 658-8240 www.cacities.org To order additional copies of this publication, call (916) 658-8200. $10 © 2011 League of California Cities. All rights reserved. Printed on recycled paper. Rosenberg’s Rules of Order at a Glance The Three Basic Motions Simple majority to pass / open to debate Basic Motion: "I move that we..." Motion to Amend: suggests changes to the basic motion. Motion to Substitute: replaces the basic motion entirely. Special Motions Simple majority to pass / no debate, goes directly to vote Motion to Adjourn: ends the meeting. Motion to Fix a Time to Adjourn: ends the meeting at a set time. Motion to Recess: break in the meeting. Chair sets length of the break. Motion to Table: defers the motion under discussion to a future date. Motions that Permanently Close Discussion 2/3 majority to pass / no debate, goes directly to vote Motion to Limit Debate: stops debate. "I move the question." Motion to Close Nominations: stops new nominations for a position. Motion to Object to the Consideration of a Question: rare, stronger form of tabling. Used before debate has begun. Motion to Suspend the Rules: temporarily changes meeting rules. Cannot be used to suspend non-parliamentary bylaws. Can be debated. Meeting Interruptions May be used at any time. Chair responds by asking you to state your point. Point of Privilege: points out uncomfortable surroundings, like a cold room or being unable to hear a speaker. Point of Order: points out failure to follow correct meeting procedures. Call for Orders of the Day: points out that the discussion has strayed from the agenda. Appeal: reverses a Chair's ruling when passed by simple majority. Requires a second and can be debated. Withdraw a Motion: used by the person making the motion. Others may immediately reintroduce the motion if they wish. Motion to Reconsider Simple majority to pass / open to debate May only be made by a member who previously voted in the majority for the item. Must be made during the same meeting (or at the very next meeting, assuming it's been added to the agenda). Life of a Motion 1.Chair announces item subject and number 2.Sponsor introduces item 3.Board asks technical questions for clarification purposes 4.Public comment on the item 5.Chair asks for motion 6.Chair asks for second 7.Board debates motion 8.Board votes 9.Chair announces result Notes: •All motions require a second before they can be voted upon. •You must be recognized by the Chair before speaking. •Chair may set limits on debate time or number of speakers. •Abstentions don't count in vote tally. •A tie vote fails to pass. •To recuse, publicly state reason for recusal and leave room during debate and vote. ATTACHMENT B Roberts Rules of Order ‐ At a Glance Typical Agenda Call to Order Start your meeting on time The Chair/President says “I call this meeting to order” Wait for quiet and then begin the meeting Roll Call of Officers The Chair says “The Recording Secretary will call the Roll of Officers” Reading of Minutes The Chair says “The Secretary will read minutes of the last meeting” or “Instead of having the Secretary read the minutes, copies have been distributed for your review.” Are there any additions or corrections to the minutes? If not, the minutes will stand approved as read.” If corrections to the minutes are made, ask for unanimous consent to additions or corrections at this time. If there is an objection to any addition or correction, it will be necessary to adopt a motion to make that change. Reading of Coorespondence The Chair says “The Recording Secretary will now read the correspondence.” Any letter requiring action by the membership should be discussed by the Executive Board prior to the membership meeting. At the membership meeting, the letter should be read along with the recommendations of the board. A motion should be made to adopt the board’s recommended action. That motion should then be discussed and voted on by the members. Reports of Officers Report of Staff and Committees Unfinished or Old Business New Business Adjourn the Meeting Making a Motion To make a motion, say “ I move that ……” When a motion is made it must be seconded. The Chair should then state the motion and call for discussion: “It has been moved and seconded that ... Is there any discussion?” Discussion During a Motion During a discussion of a motion or amendment, make sure that each member speaks only once until all other members have had an opportunity to speak. It is a good idea to alternate speakers for and against the motion. If members begin responding to and addressing remarks to each other, remind the group that all comments should be addressed to the Chair. The discussion and debate is for the group as a whole to participate in. It is not an argument between a couple of members. ATTACHMENT C Washington County, Oregon https://www.co.washington.or.us/CAO/CPO/CCI/upload/5-Roberts-Rules-of-Orders-At-a-Glance.pdf Amendment to a Motion  Sometimes an amendment to the motion on the floor may be offered. An amendment must be seconded and then discussed.  The Chair should say: “An amendment has been made and seconded that ... Is there any discussion on the amendment?”  A vote is first taken on the amendment.  After the amendment is decided on, the discussion returns to the main motion (as amended if the amendment was passed). A vote is then taken on the main motion. Point of Information A member may raise a “Point of Information.” For instance, he or she might state: “Point of Information. I don’t understand the intent of this motion.” The Chair should then clarify the intent of the motion or provide the information being requested. You may have to remind the member that a point of information is a question, not a statement. Point of Order Sometimes a member may rise on a “Point of Order,” saying something like: “Point of Order. This discussion does not pertain to the motion on the floor.” The Chair should make a ruling and say something like: “Your point is well taken and I direct the member speaking to address the motion on the floor.” Chart of Motions & Procedures Purpose You Say Can Interrupt Requires a Second Debat able Can be Amended Vote Required Close the meeting I move to adjourn No Yes No No Majority Register a complaint I rise to a question of privilege Yes No No No None Lay the motion aside temporarily I move to table the motion No Yes No No Majority End debate I call the question; OR I move to end debate No Yes No No 2/3 Limit or extend debate I move that debate be limited to… No Yes No Yes 2/3 Postpone to a certain time I move to postpone the motion to… No Yes Yes Yes Majority Refer to a committee I move to refer the motion to… No Yes Yes Yes Majority Modify the wording of the motion I move to amend the motion by… No Yes Yes Yes Majority Postpone the decision indefinitely I move that the motion be postponed indefinitely No Yes Yes No Majority Request for Information Point of Information Yes No No No None Take the matter from the table I move to take from the table No Yes No No Majority Parliamentary Procedure at a Glance (Based on The Standard Code of Parliamentary Procedure by Alice Sturgis) Principal Motions (Listed in Order of Precedence) TO DO THIS YOU SAY THIS May You Interrupt Speaker? Must You Be Seconded? Is The Motion Debatable? What Vote is Required? *Adjourn the meeting "I move the meeting be adjourned" NO YES YES (RESTRICTED) MAJORITY *Recess the meeting "I move that the meeting be recessed until..." NO YES YES** MAJORITY Complain about noise, room temperature, etc. "I rise to the question of personal privilege" YES NO NO NONE Postpone temporarily (Table) "I move that this motion be tabled" NO YES NO MAJORITY (REQUIRES TWO-THIRDS IF IT WOULD SUPPRESS) End debate "I move to vote immediately" NO YES NO TWO-THIRDS *Limit debate "I move that each speaker be limited to a total of two minutes per discussion" NO YES YES** TWO-THIRDS *Postpone consideration of an item to a certain time "I move to postpone this item until 2:00pm..." NO YES YES** MAJORITY *Have something referred to committee "I move this matter be referred to…" NO YES YES** MAJORITY *Amend a motion "I move to amend this motion by…" NO YES YES MAJORITY *Introduce business (the Main Motion) "I move that..." NO YES YES MAJORITY *Amend a previous action "I move to amend the motion that was adopted..." NO YES YES MAJORITY Ratify action taken in absence of a quorum or in an emergency "I move to ratify the action taken by the Council..." NO YES YES MAJORITY Reconsider "I move to reconsider..." YES YES YES** MAJORITY Rescind (a main motion) "I move to rescind the motion..." NO YES YES MAJORITY Resume consideration of a tabled item "I move to resume consideration of...? NO YES NO MAJORITY *Amendable **Debatable if no Other Motion is Pending ATTACHMENT D UC San Diego http://cseweb.ucsd.edu/~ddahlstr/misc/roberts/parlia_sturgis.pdf Parliamentary Procedure at a Glance (Based on The Standard Code of Parliamentary Procedure by Alice Sturgis) Incidental Motions TO DO THIS YOU SAY THIS May You Interrupt Speaker? Must You Be Seconded? Is The Motion Debatable? What Vote is Required? Vote on a ruling by the Chair "I appeal the Chair’s decision" YES YES YES MAJORITY Consider something out of its scheduled order "I move to suspend the rules and consider…" NO YES NO TWO-THIRDS To discuss an issue without restrictions of parliamentary rules "I move that we consider informally…" NO YES NO MAJORITY To call attention to a violation of the rules or error in procedure, and to secure a ruling on the question raised "I rise to a point of order" YES NO NO NONE To ask a question relating to procedure "I rise to a parliamentary inquiry" YES NO NO NONE To allow the maker of a motion to remove the motion from consideration "I move to withdraw my motion" YES NO NO NONE To separate a multi-part question into individual questions for the purpose of voting "I move division of the question" NO NO NO NONE To verify an indecisive voice or hand vote by requiring voters to rise and be counted "I move to divide the Assembly" YES NO NO NONE *Amendable **Debatable if no Other Motion is Pending THE CHIEF PURPOSES OF MOTIONS PURPOSE MOTION Present an idea for consideration and action Main motion Resolution Consider informally Improve a pending motion Amend Division of question Regulate or cut off debate Limit or extend debate Close debate Delay a decision Refer to committee Postpone to a certain time Postpone temporarily Recess Adjourn Suppress a proposal Table Withdraw a motion Meet an emergency Question of privilege Suspend rules Gain information on a pending motion Parliamentary inquiry Request for information Request to ask member a question Question of privilege Question the decision of the presiding officer Point of order Appeal from decision of chair Enforce rights and privileges Division of assembly Division of question Parliamentary inquiry Point of order Appeal from decision of chair Consider a question again Resume consideration Reconsider Rescind Renew a motion Amend a previous action Ratify Change an action already taken Reconsider Rescind Amend a previous action Terminate a meeting Adjourn Recess (From The Standard Code of Parliamentary Procedure by Alice Sturgis) Parliamentary Strategy (From The Standard Code of Parliamentary Procedure by Alice Sturgis) TO SUPPORT A MOTION TO OPPOSE A MOTION 1. Second it promptly and enthusiastically. 2. Speak in favor of it as soon as possible. 3. Do your homework; know your facts; have handouts, charts, overhead projector slides, etc., if appropriate. 4. Move to amend motion, if necessary, to make it more acceptable to opponents. 5. Vote against motion to table or to postpone, unless delay will strengthen your position. 6. Move to recess or postpone, if you need time to marshal facts or work behind the scenes. 7. If defeat seems likely, move to refer to committee, if that would improve chances. 8. If defeat seems likely, move to divide question, if appropriate, to gain at least a partial victory. 9. Have available a copy of the organization's standing rules, its bylaws, and The Standard Code of Parliamentary Procedure, in case of a procedural dispute. 10. If motion is defeated, move to reconsider, if circumstances warrant it. 11. If motion is defeated, consider reintroducing it at a subsequent meeting. 1. Speak against it as soon as possible. Raise questions; try to put proponents on the defensive. 2. Move to amend the motion so as to eliminate objectionable aspects. 3. Move to amend the motion to adversely encumber it. 4. Draft a more acceptable version and offer as amendment by substitution. 5. Move to postpone to a subsequent meeting. 6. Move to refer to committee. 7. Move to table. 8. Move to recess, if you need time to round up votes or obtain more facts. 9. Question the presence of a quorum, if appropriate. 10. Move to adjourn. 11. On a voice vote, vote emphatically. 12. If the motion is adopted, move to reconsider, if you might win a subsequent vote. 13. If the motion is adopted, consider trying to rescind it at a subsequent meeting. 14. Have available a copy of the organization's standing rules, its bylaws, and The Standard Code of Parliamentary Procedure, in case of a procedural dispute. Local Cities Rosenberg’s Rules Robert’s Rules Sturgis Parliamentary Procedure City Specific Rules and Procedures Campbell x Gilroy x Los Altos x Los Altos Hills x Los Gatos x Menlo Park x Milpitas x Morgan Hill x Mountain View x Palo Alto x Redwood City x San Jose Modified based on Robertʹs and Rosenbergʹs San Mateo x Santa Clara x Saratoga x Sunnyvale x LOCAL CITIES COUNT 5 7 2 2 Other Cities Rosenberg’s Rules Robert’s Rules Sturgis Parliamentary Procedure City Specific Rules and Procedures Antioch x Belmont x Berkeley Modified based on Robertʹs Calistoga x Camarillo x Carpinteria x Chico x Fort Bragg x Half Moon Bay x Ione x Livermore x Mission Viejo Modified based on Robert’s National City x Ojai x Piedmont x Rio Vista x San Fernando x Santa Fe Springs x Santa Monica x Santa Rosa x Taft x Temple City x Torrance x Vallejo x Windsor x Winters x Woodland x Yountville x OTHER CITIES COUNT 15 8 1 4 TOTAL COUNT 20 15 3 6 PARLIAMENTARY PROCEDURES IN OTHER CITIES ATTACHMENT E ATTACHMENT F City of Cupertino DRAFT Code of Ethics and Conduct For Elected and Appointed Officials Adopted _____________ by Resolution No. 18-____ 1 For ease of reference the term “member” refers to any member of the Cupertino City Council, City Manager, City Attorney or City Commissions established by City ordinance or Council policy. PURPOSE The Cupertino City Council adopts this Code of Ethics and Conduct to assure that all elected and appointed officials, while exercising their office, conduct themselves in a manner that will instill public confidence and trust in the fair operation and integrity of Cupertino’s City government. ETHICS The citizens and businesses of Cupertino are entitled to have fair, ethical, and accountable local government. To this end, the public should have full confidence that their elected and appointed officials:  Comply with both the letter and spirit of the laws and policies affecting the operations of government;  Are independent, impartial, and fair in their judgment and actions;  Use their public office for the public good, not for personal gain; and  Conduct public deliberations and processes openly, unless required by law to be confidential, in an atmosphere of respect and civility. Therefore, members of the City Council, City Manager, City Attorney, and all Commissions shall conduct themselves in accordance with the following ethical standards: 1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, members will work for the common good of the people of Cupertino and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims, and transactions coming before them. 2. Comply with both the spirit and the letter of the Law and City Policy. Members shall comply with the laws of the nation, the State of California and the City of Cupertino in the performance of their public duties. 3. Conduct of Members. The professional and personal conduct of members while exercising their office must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of Council, Commissions, the staff, or public. 4. Respect for Process. Members shall perform their duties in accordance with the processes and rules of order established by the City Council. 5. Conduct at Public Meetings. Members shall prepare themselves for public issues; 2 For ease of reference the term “member” refers to any member of the Cupertino City Council, City Manager, City Attorney or City Commissions established by City ordinance or Council policy. listen courteously and attentively to all public discussions before the body; and focus on the business at hand. 6. Decisions Based on Merit. Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. When making adjudicative decisions (those decisions where the member is called upon to determine and apply facts peculiar to an individual case), members shall maintain an open mind until the conclusion of the hearing on the matter and shall base their decisions on the facts presented at the hearing and the law. 7. Communication. For adjudicative matters pending before the body, members shall rely upon agenda materials and information received at the public meeting for information to support their decision, and shall refrain from receiving information outside of an open public meeting, except on advice of the City Attorney. Members shall publicly disclose substantive information that is relevant to a matter under consideration by the body which they may have received from sources outside of the public decision-making process. 8. Conflict of Interest. In order to assure their independence and impartiality on behalf of the common good and compliance with conflict of interest laws, members shall use their best efforts to refrain from creating an appearance of impropriety in their actions and decisions. Members shall not use their official positions to influence government decisions in which they have (a) a material financial interest, (b) an organizational responsibility or personal relationship which may give the appearance of a conflict of interest, or (c) a strong personal bias. A member who has a potential conflict of interest regarding a particular decision shall disclose the matter to the City Attorney and reasonably cooperate with the City Attorney to analyze the potential conflict. If advised by the City Attorney to seek advice from the Fair Political Practices Commission (FPPC) or other appropriate State agency, a member shall not participate in a decision unless and until he or she has requested and received advice allowing the member to participate. A member shall diligently pursue obtaining such advice. The member shall provide the City Attorney a copy of any written request or advice, and conform his or her participation to the advice given. In providing assistance to members, the City Attorney represents the City and not individual members. In accordance with the law, members shall disclose investments, interests in real property, sources of income, and gifts; and if they have a conflict of interest regarding a particular decision, shall not, once the conflict is ascertained, participate in the decision and shall not discuss or comment on the matter in any way to any person including 3 For ease of reference the term “member” refers to any member of the Cupertino City Council, City Manager, City Attorney or City Commissions established by City ordinance or Council policy. other members unless otherwise permitted by law. 9. Gifts and Favors. Members shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office that is not available to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised. 10. Confidential Information. Members must maintain the confidentiality of all written materials and verbal information provided to members which is confidential or privileged. Members shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests. 11. Use of Public Resources. Members shall not use public resources which are not available to the public in general (e.g., City staff time, equipment, supplies, or facilities) for private gain or for personal purposes not otherwise authorized by law. 12. Representation of Private Interests. In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any Commission or proceeding of the City, nor shall members of Commissions appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies. 13. Advocacy. Members shall represent the official policies or positions of the City Council or Commission to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the City of Cupertino, nor will they allow the inference that they do. Councilmembers and Commission members have the right to endorse candidates for all Council seats or other elected offices. It is inappropriate to mention or display endorsements during Council meetings, Commission meetings, or other official City meetings. 14. Policy Role of Members. Members shall respect and adhere to the Council-Manager structure of Cupertino City government as outlined in the Cupertino Municipal Code. In this structure, the City Council determines the policies of the City with the advice, information, and analysis provided by City staff and Commissions, and the public. Except as provided by the City Code, members shall not interfere with the administrative functions of the City or the professional duties of City staff; nor shall they impair the ability of staff to implement Council policy decisions. 4 For ease of reference the term “member” refers to any member of the Cupertino City Council, City Manager, City Attorney or City Commissions established by City ordinance or Council policy. 15. Independence of Commissions. Because of the value of the independent advice of Commissions to the public decision-making process, members of the City Council shall refrain from using their position to unduly influence the deliberations or outcomes of Commission proceedings. 16. Positive Work Place Environment. Members shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City. Members shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to staff. CONDUCT GUIDELINES The Conduct Guidelines are designed to describe the manner in which elected and appointed officials should treat one another, City staff, constituents, and others they come into contact with while representing the City of Cupertino. 1. Elected and Appointed Officials’ Conduct with Each Other in Public Meetings and Private Encounters Elected and appointed officials are individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even though individuals may not agree on every issue. (a) Honor the role of the Chair in maintaining order It is the responsibility of the Chair to keep the comments of members on track during public meetings. Members should honor efforts by the Chair to focus discussion on current agenda items. If there is disagreement about the agenda or the Chair’s actions, those objections should be voiced politely and with reason, following procedures outlined in parliamentary procedure. (b) Practice civility and decorum in discussions and debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of debate by a free democracy in action. Free debate does not require nor justify, however, public officials to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. (c) Avoid personal comments that could offend other members If a member is personally offended by the remarks of another member, the 5 For ease of reference the term “member” refers to any member of the Cupertino City Council, City Manager, City Attorney or City Commissions established by City ordinance or Council policy. offended member should make notes of the actual words used and call for a "point of personal privilege" that challenges the other member to justify or apologize for the language used. The Chair will maintain control of this discussion. (d) Demonstrate effective problem-solving approaches Members have a public stage and have the responsibility to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. (e) Continue respectful behavior in private The same level of respect and consideration of differing points of view that is deemed appropriate for public discussions should be maintained in private conversations. 2. Elected and Appointed Officials’ Conduct with the Public in Public Meetings Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice, or disrespect should be evident on the part of individual members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony. (a) Be welcoming to speakers and treat them with care and gentleness While questions of clarification may be asked, the official’s primary role during public testimony is to listen. (b) Be fair and equitable in allocating public hearing time to individual speakers The Chair will determine and announce limits on speakers at the start of the public hearing process. (c) Practice active listening It is disconcerting to speakers to have members not look at them when they are speaking. It is fine to look down at documents or to make notes, but reading for a long period of time or gazing around the room gives the appearance of disinterest. Members shall try to be conscious of facial expressions, and avoid those that could be interpreted as "smirking," disbelief, anger, or boredom. (d) Maintain an open mind Members of the public deserve an opportunity to influence the thinking of elected and appointed officials. (e) Ask for clarification, but avoid debate and argument with the public Only the Chair – not individual members – can interrupt a speaker during a 6 For ease of reference the term “member” refers to any member of the Cupertino City Council, City Manager, City Attorney or City Commissions established by City ordinance or Council policy. presentation. However, a member can ask the Chair for a point of order if the speaker is off the topic or exhibiting behavior or language the member finds disturbing. 3. Elected and Appointed Officials’ Conduct with the Public in Unofficial Settings (a) Make no promises on behalf of the Council, Commission, or City Members will frequently be asked to explain a Council or Commission action or to give their opinion about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief overview of City policy and to refer to City staff for further information. It is in appropriate to overtly or implicitly promise Council or Commission action, or to promise City staff will do something specific. (b) Make no personal comments about other members It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about other members, their opinions, or actions. 4. Elected and Appointed Officials’ Conduct with City Staff Governance of a City relies on the cooperative efforts of elected officials who set policy, appointed officials who advise the elected, and City staff who implement and administer the Council’s policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. (a) Treat all staff as professionals Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable. (b) Do not disrupt City staff from their jobs Elected and appointed officials should not disrupt City staff while they are in meetings, on the phone, or engrossed in performing their job functions in order to have their individual needs met. Do not attend City staff meetings unless requested by staff – even if the elected or appointed official does not say anything, his or her presence implies support, shows partiality, may intimidate staff, and hampers staff’s ability to do their job objectively. (c) Never publicly criticize an individual employee Elected and appointed officials should never express concerns about the performance of a City employee in public, to the employee directly, or to the 7 For ease of reference the term “member” refers to any member of the Cupertino City Council, City Manager, City Attorney or City Commissions established by City ordinance or Council policy. employee’s manager. Comments about staff performance should only be made to the City Manager through private correspondence or conversation. Appointed officials should make their comments regarding staff to the City Manager. (d) Do not get involved in administrative functions Elected and appointed officials acting in their individual capacity must not attempt to influence City staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits. (e) Do not solicit political support from staff Elected and appointed officials should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City staff. City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace. (f) No Attorney-Client Relationship Members shall not seek to establish an attorney-client relationship with the City Attorney, including his or her staff and attorneys contracted to work on behalf of the City. The City Attorney represents the City and not individual members. Members who consult with the City Attorney cannot enjoy or establish an attorney-client relationship with the attorney. 5. Council Conduct with Commissions The City has established several Commissions as a means of gathering more community input. Citizens who serve on Commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City’s leadership and should be treated with appreciation and respect. (a) If attending a Commission meeting, be careful to only express personal opinions Councilmembers may attend any Commission meeting, which are always open to any member of the public. However, they should be sensitive to the way their participation could be viewed as unfairly affecting the process. Any public comments by a Councilmember at a Commission meeting should be clearly made as individual opinion and not a representation of the feelings of the entire City Council. (b) Limit contact with Commission members to questions of clarification It is inappropriate for a Councilmember to contact a Commission member to lobby on behalf of an individual, business, or developer, and vice versa. It is 8 For ease of reference the term “member” refers to any member of the Cupertino City Council, City Manager, City Attorney or City Commissions established by City ordinance or Council policy. acceptable for Councilmembers to contact Commission members in order to clarify a position taken by the Commission. (c) Respect that Commissions serve the community, not individual Councilmembers The City Council appoints individuals to serve on Commissions, and it is the responsibility of Commissions to follow policy established by the Council. But Commission members do not report to individual Councilmembers, nor should Councilmembers feel they have the power or right to threaten Commission members with removal if they disagree about an issue. Appointment and re- appointment to a Commission should be based on such criteria as expertise, ability to work with staff and the public, and commitment to fulfilling official duties. A Commission appointment should not be used as a political "reward." (d) Be respectful of diverse opinions A primary role of Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Councilmembers may have a closer working relationship with some individuals serving on Commissions, but must be fair and respectful of all citizens serving on Commissions. (e) Keep political support away from public forums Commission members may offer political support to a Councilmember, but not in a public forum while conducting official duties. Conversely, Councilmembers may support Commission members who are running for office, but not in an official forum in their capacity as a Councilmember. 6. Conduct with the Media Commission members are not authorized to represent the City to media outlets (including broadcast, print, and social media sites) outside of official Commission meetings unless specifically authorized to do so. (a) The Mayor is the official spokesperson for the City Council on City positions The Mayor is the designated representative of the City Council to present and speak on the official City position. If an individual Councilmember is contacted by the media, the Councilmember should be clear about whether their comments represent the official City position or a personal viewpoint. (b) Choose words carefully and cautiously Comments taken out of context can cause problems. Be especially cautious about humor, sardonic asides, sarcasm, or word play. It is never appropriate to use personal slurs or swear words when talking with the media. 9 For ease of reference the term “member” refers to any member of the Cupertino City Council, City Manager, City Attorney or City Commissions established by City ordinance or Council policy. COMPLIANCE 1. Acknowledgement of Code of Ethics and Conduct Members shall sign an acknowledgement that they have read and understand the Code of Ethics and Conduct. 2. Ethics Training for Local Officials Councilmembers, City Manager, City Attorney, and Commission Members who are out of compliance with State or City mandated requirements for ethics training shall not represent the City on intergovernmental assignments or Council subcommittees. 3. Behavior and Conduct The Cupertino Code of Ethics and Conduct expresses standards of ethical conduct expected for members of the Cupertino City Council and Commissions. Members 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 government. The Chairs of Commissions and the Mayor and Council have the additional responsibility to intervene when actions of members that appear to be in violation of the Code of Ethics and Conduct are brought to their attention. (a) City Council: Individual Councilmembers should point out to the offending Councilmember perceived infractions of the Code of Ethics and Conduct. If the offenses continue, then the matter should be referred to the Mayor in private. If the Mayor is the individual whose actions are being questioned, then the matter should be referred to the Vice Mayor. It is the responsibility of the Mayor (or Vice Mayor) to initiate action if a Councilmember’s behavior is not in compliance with the Code of Ethics and Conduct. If no action is taken by the Mayor (or Vice Mayor), then the alleged violation(s) can be brought up with the full Council. (b) Commission Members: Counseling, verbal reprimands, and written warnings may be administered by the Mayor to Commission members failing to comply with City policy. These lower levels of sanctions shall be kept private to the degree allowed by law. Copies of all written reprimands administered by the Mayor shall be distributed in memo format to the Chair of the respective Commission, the Commission Staff Liaison, the City Clerk, the City Attorney, the City Manager, and the City Council. The City Council may impose sanctions on Commission members whose conduct does not comply with the City’s policies, up to and including removal from office. Any form of discipline imposed by Council shall be determined by a majority vote of at least a quorum of the Council at a noticed public meeting and 10 For ease of reference the term “member” refers to any member of the Cupertino City Council, City Manager, City Attorney or City Commissions established by City ordinance or Council policy. such action shall be preceded by a Report to Council with supporting documentation. When deemed warranted, the Mayor or majority of Council may call for an investigation of Commission member conduct. Also, should the City Manager or City Attorney believe an investigation into a member’s conduct is warranted, they may refer the matter to the Mayor or Council. The Mayor or Council shall ask the City Manager or the City Attorney to investigate the allegation and report the findings. These sanctions are alternatives to any other remedy that might otherwise be available to remedy conduct that violates this code or State or Federal law. In order to protect and preserve good government, any individual including the City Manager and the City Attorney after complying with Rule 3-600(B) of the State Bar Rules of Professional Conduct, who knows or reasonably believes a member acts or intends or refuses to act in a manner that is or may be a violation of law reasonably imputable to the organization, or in a manner which is likely to result in substantial injury to the organization, may report the violation to the appropriate governmental authorities. IMPLEMENTATION The Code of Ethics and Conduct is intended to be self-enforcing and is an expression of the standards of conduct for members expected by the City. It therefore becomes most effective when members are thoroughly familiar with it and embrace its provisions. For this reason, this document shall be included in the regular orientations for candidates for City Council, City Manager, City Attorney, applicants to Commissions, and newly elected and appointed officials. Members entering office shall sign a statement (example below) acknowledging they have read and understand the Code of Ethics and Conduct. In addition, the Code of Ethics and Conduct shall be periodically reviewed by the City Council and updated it as necessary. I affirm that I have read and understand the City of Cupertino Code of Ethics and Conduct for Elected and Appointed Officials. Signature Date