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HomeMy WebLinkAboutAll Commissions Training 2026All City Commissions March 30 ,2026 Commissioner Training Training Overview ●City organization and governance ●Review of roles and responsibilities ●Strategic Vision ●Commissioners’ Handbook ●The Brown Act (Public Meetings) ●Conflict of Interest (Political Reform Act) ●Updates in changes in laws or policies ●Technology Reminders Presenters ●City Manager, Tina Kapoor ●City Clerk, Lauren Sapudar ●Interim City Attorney, Floy Andrews ●Chief Technology Officer, Teri Gerhardt City Organization Reporting Structure City Staff City ManagerCity Attorney Commissions City Council Citizens Council-Manager Form of Government ●City Council sets policy and vision. ●City Manager implements policy and directs administrative operations and staff. ●City staff has three primary roles: 1.Make professional recommendations. 2.Implement Council direction. 3.Support day-to-day operations. Commissions and Committees (Role and Scope) ●Commissions are Advisory to City Council. ●Council Conducts Recruitments and Appointments. ●Commissioner’s Responsibilities and Expectations o Commissioners’ Handbook o Council Procedures Manual, Section 4 ●Commission Chair meeting updates with the Mayor. ●Resident Communication with Staff Policy ●Commissioner Business Card Policy Strategic Plan Commission Liaison Role ●Serve as advisors. ●Are politically neutral. ●Attend commission meetings. ●Develop agendas in consultation with Chair. ●Prepare agenda reports. ●Report commission recommendations and work program goals to Council for consideration. ●Serve as the conduit between commissioners and City staff. Commission Liaisons Arts & Culture Gian Martire Audit Committee Jonathan Orozco Bike Ped David Stillman Econ Dev Committee Daniel Degu Housing Nicky Vu Library Molly James Parks & Rec Carolyn McDowell Planning Piu Ghosh Public Safety Marta Drown Sustainability Victoria Morin TICC Teri Gerhardt Teen Sonya Lee Commission Role ●Act in a purely advisory capacity to the City Council. within commission scope. ●Weigh public input on issues. ●Provide recommendations to Council. ●Require a majority vote on matters. ●Act as a body. ●Note when speaking for yourself, not the body. ●Individual commission member comments are not official positions. ●Scope of duties are outlined in City Code Chapter 2. ●Work with liaison to adopt an annual work plan. Commissions Scope (CMC CH 2) Arts and Culture Commission Fosters, encourages, and assists in the realization, preservation, and advancement of arts and culture for the benefit of the citizens of Cupertino. Bicycle Pedestrian Commission Advises Council on transportation matters within Cupertino including bicycle and pedestrian traffic, parking, education, and recreation. Housing Commission Assists in recommending housing policies and strategies, monitoring affordable housing projects, and identifying sources of funding for affordable housing. Library Commission Advises Council regarding library service in the community and serves as liaison between the City and the Santa Clara County Library JPA. Parks & Recreation Commission Advises Council on parks and recreation related activities, including park site acquisition and development, community activities, and recreation policies. Commissions Scope of Duties Planning Commission Advises Council on land use matters including the City’s General Plan, implements the General Plan through the administration of specific plans, zoning and subdivisions, and establishes a standing subcommittee for design review. Public Safety Commission Advises Council on areas relating to public safety, traffic, police, fire and other areas where public safety may be of concern. 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. Teen Commission Advises Council and staff on issues and projects important to youth in the Cupertino community. Technology, Information, & Communications Commission Advises Council on all matters relating to telecommunications in Cupertino and provides support for community access television. Committees Scope of Duties Audit Committee Reviews various City reports and recommends filing with City Council, receives updates on Fraud, Waste and Abuse program, and recommends a budget format. Economic Development Committee Advise the Council on economic development goals that maintain the quality of life in Cupertino. Commissioner Responsibilities ●Read the Commissioners’ Handbook. ●Prepare for and participate in commission meetings. o Read materials and send clarifying questions to staff in advance. o Check email regularly. ●Attend at least 75% of meetings annually. ●Represent the community. ●File Form Statement of Economic Interests (Form 700) annually. ●Complete required trainings. Attendance Policy ●Attendance record at meetings o Cannot miss more than 25% or 3 consecutive meetings* o Clerk’s Office will send a warning letter o Council will consider removal from commission o Attendance record resets annually *Dependent on Commission meeting frequency Cupertino Ethics Policy ●In accordance with state law and Title 2 of City Code. ●Sets conduct of public officials. ●Maintain civility and decorum. ●Reinforces completion of required filings and training. ●Officials are responsible for understanding and following spirit of the Code. Mandatory Biennial Training ●Ethics Training (AB 1234) o 2 hours; due within 6 months of appointment, then every 2 years o Covers ethical standards, decision-making, and preventing missteps ●Anti-Harassment Training (SB 1343) o 1 hour; due within 6 months of appointment, then every 2 years o Covers harassment, discrimination, retaliation, and prevention of abusive or sexual/gender- based conduct Reminders ●Now: Training due, complete at: app.targetsolutions.com ●April 1: 2026 Form 700 filings (covering 2025 activity) o File with City Clerk’s Office (all except Planning) o Commission)Planning Commission: file using FPPC Portal ●April 7: Proposed Commissioners’ Handbook revisions to City Council ●April 21: Proposed Revisions to City Council Procedures Manual Brown Act Rosenberg’s Rules of Order The Brown Act ●“All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting . . . .” (Gov. Code, § 54953(a)) ●Legislative bodies must: ●Conduct business and make decisions only in open public meetings ●Publish and follow meeting agendas ●Provide an opportunity for public participation before making decisions. What Is a “Meeting”? ●“…[A]ny congregation of a majority of the members of a legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains” (Gov. Code, § 54952.2(a)) ●Meetings include: ●Regular meetings ●Special meetings ●Emergency and adjourned meetings What Is Not a “Meeting”? ●Individual contacts ●Staff briefings (less than a quorum) ●Social and ceremonial gatherings ●Conferences/seminars ●Open, publicized community meetings (so long as legislative body members do not speak about subjects within the jurisdiction of their legislative body) ●Meetings of other legislative bodies (same caveat as above) Serial Meetings ●Brown Act prohibits a series of communications of any kind (directly or through intermediaries) ●Wagon wheel or daisy chain Social Media ●Public official may communicate on social media platforms to: ●Answer questions ●Communicate with the public ●Members may not use social media to discuss official business among themselves ●No responses to other members ●No likes ●No (Gov. Code, § 54953(b)(3)) Agendas ●Legislative body may only discuss agendized topics ●Agenda includes “brief general description” of item to be discussed (Gov. Code, § 54952.2(a)(1)) ●Must be posted 72 hours before regular meeting and 24 hours before special meeting ●Limited discussion of non-agendized matters: ●Brief reports/announcements ●Obtain legal advice ●Ask a question for clarification ●Refer item to staff ●Respond to public comment briefly Public Participation ●Opportunity for public comment on: ●Any item within the subject matter jurisdiction of the legislative body (regular meetings only) ●Specific items of business ●Public right to review non-privileged documents distributed to a majority of the legislative body ●Comments may be anonymous Enforcement ●Demand for cure or correction ●Possible consequences of violation: ●Void action ●Injunction against future violations ●Attorneys’ fees award ●Criminal prosecution where violation is intentional Communication Protocols ●City vs. personal email use and disclaimers ●Personal views vs. official positions ●Contacting agencies and contractors ●Roles of agencies vs. contractors Updates to the Brown Act (SB 707) Recent transparency, accessibility, and public participation in local government meetings ●Members must be provided Brown Act copy ●Hybrid Meetings for Commissions Approved ●Audiovisual Teleconferencing ●Community Outreach ●Teleconferencing Disruption Rule ●Social Media Remote Participation Rules “Classic” Teleconferencing ●Remote location must be listed on agenda and open to the public ●Agenda posted at remote location (until July 1) ●Notify staff in advance ●No participation limit “Just Cause” / Emergency – Limited ●Only for childcare, illness, or disability (not travel or convenience) ●Max 2 times per year per member (Gov. Code 54953) ●Reviewed case-by-case Rosenberg’s Rules of Order ●Follow Rosenberg’s Rules during meetings ●In place to run efficient meetings and accomplish City business ●Allows for orderly deliberation of items ●Commission should arrive at a majority decision ●Meetings are run by the Chair ●Be respectful of differing opinions Rosenberg’s Rules of Order Life of a Motion 1.Chair announces item subject and number 2.Staff introduces item 3.Commission asks technical questions for clarification purposes 4.Public comment on the item 5.Chair asks for motion (Basic Motion: "I move that we...“) 6.Chair asks for second 7.Commission debates motion 8.Commission votes (Simple majority to pass, no debate) 9.Chair announces result Rosenberg’s Rules of Order Notes: ●All motions should receive a second before they can be discussed and voted upon. ●You must be recognized by the Chair before speaking. ●Chair may set limits on debate time or number of speakers. ●Abstentions generally don't count in vote tally. Conflicts of Interest Agenda ●Conflicts in making contracts (Gov. Code § 1090) ●Political Reform Act ●Campaign Contributions (SB 1439) ●Gifts ●Common law conflicts of interest Gov. Code § 1090 – Contracts ●A public officer or employee may not make contracts in which they are financially interested. ●“Making” a contract includes final approval, involvement in preliminary discussion, planning, negotiation, and solicitation of bids. ●Legislative body is barred from making the contract, unless an exception applies. Political Reform Act ●Public officials may not make or influence government decisions in which they know or should know they have a financial interest. ●Financial interest must be “material” (as defined in FPPC regulations) ●Effect on official must be distinguishable for effect on the “public generally” ●If a conflict exists, recusal is required. Recusal Procedures ●Publicly identify nature of the financial interest ●Refrain from participating in meeting ●Disqualified officer may speak during public comment if the conflict arises from a personal economic interest. Campaign Contributions (G.C. 84308) ●Applies to decisions relating to licenses, permits, or entitlements ●Officer may not receive/solicit campaign contributions from parties/financially interested persons < $500 – ●While proceeding is pending ●12 months before a decision is made ●12 months after a decision is made ●Recusal required if requirements not met Gifts ●Officials prohibited from receiving: ●Gifts valued at $10 or more from a lobbyist registered under state law ●Gifts valued at $630 or more from any single source in previous 12-month period ●Gifts from a single source totaling $50 or more in a calendar year must be reported on Form 700 ●Numerous exceptions (e.g., gifts from family, home hospitality, gifts in a dating relationship) Common Law Conflicts ●Public officials cannot use their positions for personal gain. ●Avoidance of prejudice/due process requirements for quasi-adjudicatory decisions: ●Decision should be based on evidence in the record ●Officials should not be committed to an outcome before a hearing Information & Technology Technology Reminders: ●Cybersecurity Training o Increase in cyber-attacks on Government o Regular training, phishing simulations ●Use of City email and personal emails ●International travel o Inform IT of travel (country and dates) ●IT Helpdesk:helpdesk@cupertino.gov or 408-777-3381 Questions?