CC 03-05-2024 Item No. 7. City Commissions and Committees_Desk Item1
CITY COUNCIL STAFF REPORT
DESK ITEM
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: 1) Thank you for quoting the relevant sections. According to these documents
quoted, the "mandatory" training referenced in the Commissions' Handbook is about the
mandatory training based on the Commission's Handbook. It does not refer to additional
trainings, such as cybersecurity, right? 2) For the "mandatory training" referenced in
Resolution No. 23-021, Council Procedures Manual: "4.3 Performance Expectations. ...
This will include ... a mandatory annual training session for all Commission and
Committee members," I thought that would include the Brown Act and the conflict of
interest and likely also Public Records Act. I am confused with this statement in the
answer to Q1, where the Brown Act and the conflict of interest and likely also Public
Records Act are "administratively required": "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."
2
I could understand that the cybersecurity training might be "administratively required",
since it is not specified in any city resolution. (Chao)
Staff response:
1) Correct, the Commissioners’ Handbook does not refer to additional trainings, such as
cybersecurity.
2) Orientation is a onetime administratively required session for new members covering the Brown
Act and conflict of interest rules, as well as the Commissioners’ Handbook; annual training is an
ongoing Council mandated (Council Procedures Manual, Section 4.3) session for all members
covering similar topics.
Q2: Thank you for the answer: "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). My question was hoping to get the records
referenced above since I would like to assess how's the compliance level and whether
there is a need to include enforcement measures as some commissioners have suggested
in their emails to the Council. (Chao)
Staff response: Staff will be available to answer questions regarding compliance levels but is unable
to compile these voluminous records at this time.
Q3: Thank you for your answer: "This is not germane to the agenda item. Disciplinary
actions for City employees are covered under the Administrative Rules and Regulation
Section 15."To me, it is germane as some Commissioners' suggestions to the Council was
enforcement by removing from the Commission Then, I am curious what's the
consequence of employees when mandatory trainings are not completed in time as a
potential reference point? Please let me know where do I find "the Administrative Rules
and Regulation Section 15". (Chao)
Staff response:
The City Council adopted Resolution No. 12-123 approving amendments to the Administrative
Rules and Regulations of the Personnel Code.
Q4: Thank you for providing the list. It seems the Ethics training appears under both the
legally required trainings and the mandatory trainings. Are they the same training or two
different versions of ethics training?
• Ethics training is required by state law (AB 1234) for local agency officials.
• Ethics training (Council Procedures Manual, Section 5.6) => refers to the AB 1234
training too, right?
• Harassment prevention training is required by state law (AB 1661) for local
agency officials.
• Antiharassment training (Council Procedures Manual, Section 5.6) => refers to the
AB 1661 training too, right? (Chao)
Staff response:
Yes, the training module is the same.
3
Q5: The answer includes "Orientation for newly appointed (Administratively required)".
Oh, I am guessing this training "Orientation for newly appointed (Administratively
required)" is meant to include the "Brown Act and the conflict of interest", mentioned in
the answer to Q1. Likely the new Commissioners also need some training on Public
Records Act and Rosenburg's Rules. Perhaps, such trainings should be mandatory, rather
than only "administratively required"?
Staff response:
Orientation for new members also covers the Commissioners’ Handbook which includes resources
on the Public Records Act (and Technology Use Policy) and Rosenburg's Rules of Order.
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
Additional Attachments Provided with Desk Item:
None