CC 03-05-2024 Item No. 7. City Commissions and Committees_Supplemental Report1
CITY COUNCIL STAFF REPORT
SUPPLEMENTAL 1
Meeting: March 5, 2024
Agenda Item # 7
Subject
Revisions to City commission and committee administration, procedure, and governance,
including an ordinance to regularize commissioner appointments and revise commissioner
qualifications; and resolutions adopting revisions to advisory bodies appointment process
and Commissioners’ Handbook.
Recommended Action
1. Conduct the first reading of Ordinance No. 24-2256 “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF CUPERTINO TO REGULARIZE CITY COMMISSION AND
COMMITTEE TERMS AND REVISE COMMISSIONER QUALIFICATIONS.”
2. Adopt Resolution No. 24-022 to repeal and replace Resolution No. 16-137, regarding
City advisory bodies.
3. Adopt Resolution No. 24-023 revising the Commissioners’ Handbook.
Background:
Staff’s responses to questions received from councilmember are shown in italics.
Q1: Which document decides what trainings are mandatory for commissioners? Is it a
resolution adopted by the Council? Or an administrative policy adopted by the City
Manager? (Councilmember Chao)
Staff response:
The requirement is governed by Resolution No. 23-021, A Resolution of the Cupertino City Council
Adopting Cupertino City Council Procedures Manual, see the following Sections:
4.3 Performance Expectations. The Council shall make certain that all commissions and
committees are properly instructed on their responsibilities and performance expectations. This
will include the issuance of a Council approved Commission and Committee Handbook and a
mandatory annual training session for all Commission and Committee members.
5.6 Council Training. Any member of the City Council and City commissions or advisory
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committees formed by the City Council shall receive ethics and antiharassment training
required by state law. New members must receive the training within their first year of service
and shall comply with ongoing training requirements imposed by state law. Members shall
attend training sessions that are offered locally in the immediate vicinity of Santa Clara
County, by completing online a state-approved public service ethics education program, or
through a state- approved training which may be provided at a conference attended by the
member. The City Clerk shall keep ethics training records for five years.
The requirement is also governed by Resolution No. 23-122, A Resolution of the City Council
Adopting the City of Cupertino Code of Ethics and Conduct for Elected and Appointed Officials,
see the following Section:
24. Ethics Training for City Officials.
City Officials must comply with state or City mandated requirements for ethics training, as set
forth in Section 5.6 of the City Council Procedures Manual. Ethics training must be completed
prior to representing the City on intergovernmental assignments or Council subcommittees.
Commissioners who fail to complete required ethics training shall be subject to removal from
office by the City Council.
Additionally, new Commission and Committee member orientations are administratively required
to make sure the new members are aware of their new obligations and to understand requirements
under the Brown Act and conflict of interest rules.
Q2: Any record on the status of legally required and mandatory trainings of
commissioners? Maybe for the last 4 years? (Councilmember Chao)
Staff response:
The City Clerk maintains ethics training records for five years. Other training records are
maintained by the City Clerk’s Office, Human Resources, and/or Innovation & Technology per the
City’s Records Retention Schedule (City Council Resolution No. 20-002).
Q3: What is the city policy currently, if there is any, when an employee does not complete
a legally required trainings like harassment prevention? (Councilmember Chao)
Staff response:
This is not germane to the agenda item. Disciplinary actions for City employees are covered under
the Administrative Rules and Regulation Section 15.
Q4: What is the city policy currently, if there is any, when an employee does not complete
one of the mandatory trainings like cyber security? (Councilmember Chao)
Staff response:
This is not germane to the agenda item. Disciplinary actions for City employees are covered under
the Administrative Rules and Regulation Section 15.
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Q5: Is there a list of legally required trainings? (Councilmember Chao)
Staff response:
• Ethics training is required by state law (AB 1234) for local agency officials.
• Harassment prevention training is required by state law (AB 1661) for local agency
officials.
Q6: Is there a list of mandatory trainings? (Councilmember Chao)
Staff response:
The following apply to commission and committee members:
• Annual training (Council Procedures Manual, Section 4.3)
• Ethics training (Council Procedures Manual, Section 5.6)
• Orientation for newly appointed (Administratively required)
• Cybersecurity training (Administratively required)
• Antiharassment training (Council Procedures Manual, Section 5.6)
Attachments Provided with Original Staff Report:
Staff Report
A - Draft Ordinance No. 24-2256 (Clean)
B - Draft Ordinance No. 24-2256 (Redline)
C - Draft Resolution No. 24-022 (Clean)
D - Draft Resolution No. 24-022 (Redline)
E - Draft Resolution No. 24-023
F - Draft Commissioners’ Handbook (Redline)
Attachments Provided with Supplemental 1:
None