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HomeMy WebLinkAbout020720-06 MEMO From the desk of . . . Joe Calabrigo, Town Manager Date: February 7, 2020 To: Mayor and Town Council Subject: Town Council Guidelines/Training As part of the Annual Planning and Goal Setting Workshop, the Town Council has the opportunity to review and re-visit the self-developed Guidelines that serve as operational protocols. Any discussion related to the Guidelines is up to Council’s discretion. As in past years, please consider whether: • the guidelines are still relevant and of assistance; • there are any questions, issues or concerns regarding any ground rules, values or norms and commitments contained in the guidelines; or • there any changes that the Council wishes to discuss or consider. Only one change has been made to this year’s version - Section E. 7. c. has been revised to update the mayoral rotation. Please be prepared to provide direction to staff regarding any other changes to be incorporated as part of the annual review. Attachment A – Town Council Guidelines Attachment B – 2019 Workshop Follow-up Memo on T.C. Guidelines TOWN COUNCIL GUIDELINES ATTACHMENT A These Guidelines were initially developed by the Town Council in October 2003. The Guidelines are reviewed annually and updated as directed by the Town Council. GROUND RULES The Town Council will follow four basic ground rules in order to work effectively together on an ongoing basis: 1. Keep focused 2. Use inquiry vs. judgment - hear all points 3. Be respectful of one another 4. Focus on issues not people VALUES The top three values identified by the Town Council are: 1. Honesty, Integrity, Trust, Ethical 2. Leadership/Clear Direction/Vision 3. Fiscal Responsibility NORMS AND COMMITMENTS A. When dealing with each other councilmember to councilmember, we expect… How will we resolve conflict among ourselves? At meetings: 1. Be prepared; read the packet thoroughly before the meeting. 2. Ask questions of staff in advance of the meeting. 3. Give credit and positive feedback. 4. Challenge issues rather than personalities; do not criticize fellow council members. 5. Be mindful of negative body language; minimize eye rolling, audible sighing. 6. Give the public three minutes without responding, but make sure due attention is given. Show respect. 7. Keep feedback constructive. 8. At meetings, disclose information that you have that is relevant. 9. Avoid the following: a. surprises d. personal attacks b. grandstanding e. condescending/sarcastic tone c. side conversations f. emotional escalation 10. The Town Manager will manage the agenda process. Individual councilmembers may request placement of items on the agenda, but only the Town Council may direct placement of items. Video recordings of televised public meetings constitute a public record and cannot be edited. 11. Each councilmember will have the opportunity to be heard and to present their respective views. Once a matter has been discussed and/or debated and the Town Council makes a decision (vote taken), that decision becomes the Town Council position. It is expected that individual councilmembers will respect this process and represent individual decisions that have been made by the full Town Council to the community and elsewhere as appropriate, regardless of their individual views. 12. To facilitate quality video recording for televised public meetings: a. make sure that your microphone is turned on and speak directly into the microphone. b. be mindful of verbal and non-verbal communication. In General: 13. When invited to meet with a constituent or advocate to discuss a specific issue or project, inform the Town Manager and encourage the constituent or advocate to meet with all members of the Town Council to provide similar information. 14. In situations where conflicts arise that impede the function of the Town Council, councilmembers will attempt to resolve issues on a one on one basis. Depending upon the circumstances, it may also be appropriate for the Town Manager to facilitate resolution among the affected members. B. When dealing with the Town Manager and staff, we expect… 1. Treat staff as professionals; do not publicly criticize an individual staff member. 2. The Town Council takes action as an elected body, rather than individually. Allow staff to handle administrative functions and limit individual requests for staff support. When interacting with the Town staff, remember: a. Staff may be contacted for the purpose of asking questions or seeking information (asking). Whenever possible, direct questions to department heads or senior staff. b. Work requests or assignments should only be directed to the Town Manager (directing). c. Comments or concerns regarding staff should be directed to the Town Manager in private. 3. In study sessions or regular meetings, the Town Council will summarize and clarify direction (action items/next steps). 4. As an individual councilmember, do not ask the Town Manager to do something that is contrary to the direction of the Town Council. 5. Do not draw staff members into disagreements among councilmembers. 6. Do not solicit political support from staff or involve staff in any political activity. 7. Try to give credit and positive feedback (on behalf of the Council). 8. Provide questions for staff ahead of time so staff can prepare. Ask early, ask often. 9. When dealing with the press, the public or anyone external to the Town government, staff’s role is to communicate the policy, direction or action determined by the Town Council. Staff does not speak for the Town Council, nor will the staff speculate as to what action the Town Council may take on any issue or subject. 10. Staff occasionally conducts or attends working meetings that councilmembers are not invited to attend due to the nature of the meeting (e.g. - meetings to discuss development proposals and/or conditions and special event wrap -up meetings). Should other meeting participants invite a member of the Council, that council member should talk to the Town Manager before attending. (Please refer to Attachment A for additional material describing the roles of the Town Council and Town staff) C. When dealing with media and public, we expect… 1. State your view, avoid repeating a reporter's terms. 2. Try to speak in sound bites. 3. Clarify the position: "the Town's decision is….", "My opinion is…." 4. Once a decision is made, don't discredit the decision or criticize your colleagues for having made it. Also, don't influence the media to. 5. Identify issues where it may be appropriate to develop a “party line” for presentation to the press or public to assure that a consistent message is delivered, and key points are covered. 6. Inform the Town Manager when you've spoken to the media. D. When representing the Town in other forums, we expect… 1. Present and support decisions or positions made by the full Town Council – i.e. "the Town Council's position is X, and this issue been decided." 2. If you are presenting a personal point of view or opinion, make it clear: "the Town Council hasn't discussed or decided this issue, my opinion is Y." 3. When appointed to or assigned a sub-committee, committee, or liaison role, councilmembers are representing the Town rather than themselves. 4. Make sure to distinguish between political activity and Town business. 5. If invited to attend a function as a Town representative, don't campaign. E. Role of the Mayor 1. The Mayor always represents the Town and the Town Council. 2. At the beginning of their mayoral term, the Mayor makes Town liaison appointments. a. The Mayor first meets or speaks with each councilmember to determine areas of interest. b. If more than one councilmember is interested in a specific role or position, and it is not possible to resolve the matter through compromise, the Mayor may take the appointment to the full Town Council at a study session. 3. Designate alternates for external committees/liaisons to provide exposure to subject matter and experience in preparing for the primary position. 4. Consider rotation of assignments every couple of years to afford other council members the opportunity to serve in different capacities. Consider the impact to the Town of rotation. 5. Every councilmember has the right and obligation to serve as representatives. 6. Time permitting, the Mayor will bring issues back to the full Town Council for direction or a vote (e.g., appointments by the Mayors’ Conference or positions taken by the Mayors’ Conference). 7. Mayoral Rotation a. The position of Mayor is rotated annually. Each council member has the right to serve (barring Council changes) every five years. b. The Vice-Mayor is next in line of succession. c. Mayoral Rotation for the next 5 years is agreed upon as follows: 2020 – Karen Stepper 2023 – Newell Arnerich 2021 – Lisa Blackwell 2024 – Robert Storer 2022 – Renee Morgan d. If one new councilmember is elected or appointed, they are placed at the end of the rotation and incumbent members move up one year. e. If more than one new councilmember is elected, they are placed at the end of the rotation in an order determined by the number of votes that each new council member received (highest # of votes goes first, etc.) Incumbent council members move up by a number of years equivalent to the number of new council members elected (i.e. 2 new members means that the others move up 2 years). 8. Provides direction to the Town Manager on use of the annual ‘Mayor’s Discretionary Fund’, which is intended to be used for a public improvement, program, or event that is located within the town, and accessible to the general public. F. Appointments of advisory commissions and boards; Council appointments; Council resignations. 1. The Town Council will adhere to Resolution No. 11-2005, regarding selection and appointment of Town commissioners. 2. The Town Council expects that commissioners will abide by the same ground rules for dealing with the Town staff as have been agreed to herein. The Town Council will use the annual Town Council/Commission workshop to review and reinforce these expectations. 3. The Town Council agrees that the selection process used to fill prior Town Council vacancies in 2003 and 2009 was appropriate and effective. The need to fill future Town Council vacancies will be dealt with on a case-by-case basis, considering the circumstances and conditions present at that time, and the need to adhere to all applicable laws. G. Orientation of new councilmembers 1. A successful orientation process can facilitate the transition of new council members into their roles as elected officials. The following items were cited as being helpful in this process. a. Good documentation f. Visit commission meetings b. Tours g. Overview of regional issues c. Historical perspective h. Opportunity to observe meetings d. Legal orientation i. Provide calendar of meetings e. Meeting with incumbent j. “Buddy System” mentoring by other council members H. Town Council Expenses and Reimbursements Certain expenses are necessary in order to assist council members in discharging the duties of their office. Events or activities for which the Town may expend funds are described and listed in Attachment B (excerpted from Resolution No. 17-2006). The Town Council will consider such needs on an annual basis, as part of adopting the annual operating budget. I. Follow up Actions The Town Council may re-visit these guidelines periodically to see how the process is working and determine whether any additional steps are appropriate to further facilitate how council members work together in an appropriate manner to conduct the Town’s business. Attachments: A – Roles and Responsibilities of the Town Council and Town Manager/Staff B - Events and Activities qualifying for reimbursement (from Resolution No. 17- 2006) 2018 TC Guidelines – updated 2/1/2019 ATTACHMENT A (This material has been assembled from various sources and is provided to the Town Council for information purposes). ROLES & RESPONSIBILITIES OF TOWN COUNCIL, TOWN MANAGER & STAFF The degree to which policy and administration mix in a given community can sometimes become an issue. There is no clear demarcation between the two – but there is the need for everyone involved to be cognizant of roles. The opportunity to periodically revisit this subject provides an opportunity to ask questions, address issues and better define the process for the Town Council and the Town Manager. As the elected body who represents the community, the Town Council must be able to communicate the vision of the Town and set the tone. The Town Manager and staff are responsible for seeing that the vision is carried out. A. Role of the Town Council: 1. Representational: The Town Council is directly accountable to constituents. The Town Council must balance individual and group demands with the needs of the entire community. 2. Governmental: The Town Council makes policy, adopts legislation, establishes/adopts budgets and adjudicates issues. The Town Council sets the mission and goals for the organization. They explain and promote programs. Individual council members are expected to: a. Interact with constituents b. Serve on Town Council sub-committees c. Serve in a liaison role d. Attend public events and ceremonies 3. Financial Oversight: The Town Council adopts an annual operating and capital budget and is responsible for appropriating funds and approving contracts pursuant to Town policy. The Town Council adopts an investment policy and assures adherence to that policy. 4. Intergovernmental: Council members represent the Town on various intergovernmental and regional boards. 5. Supervisorial: The Town Council appoints and evaluates the Town Manager and City Attorney, as well as advisory commissions and boards. 6. Business Management: Council members sit as members of the Financing Authority and Civic Improvement Corporation. B. Role of the Town Manager: 1. Communication: The Town Manager must develop a rapport with council members through maintaining frequent contact with each member. The Town Manager must provide equal information to each member and provide early warning on problems. 2. Policy Implementation: The Town Manager assists the Town Council in identifying and focusing on goals. The Town Manager is responsible for interpreting policies set by the Town Council for staff and making sure Town Council intent is implemented after a decision is made. 3. Professionalism: The Town Manager (through the Town staff) is responsible for: a. Providing professional recommendations and making sure that all viable options are presented for Town Council consideration. b. Maintaining a professional position despite political pressure. c. Providing good customer service and follow-up. 4. Organizational: The Town Manager is responsible for developing leadership abilities among the staff, building a decisive and responsive management team and holding staff accountable for results. The Town Manager is also expected to maintain good relationships with employee groups. 5. Foster Teamwork: The Town Manager fosters teamwork with the Town Council by becoming knowledgeable on key issues that are important to the Town Council, expressing views and providing perspective to the Town Council on key issues. The Town Manager can also coach council members and help to refine their skills, and buffer the Town Council when appropriate. 6. Financial Stewardship: The Town Manager submits an annual budget for Town Council consideration and is responsible for keeping the Town in sound financial condition. TWENTY WAYS TO OFFEND TOWN COUNCIL COLLEAGUES The responsibility for the effectiveness and success of an elected body ultimately lies with the members of that body. If you don’t really care about working cooperativ ely with your colleagues, here are some surefire ways to agitate them: 1. Attempt to dominate meetings. 2. Cut off statements of colleagues. 3. Magnify errors of colleagues. 4. Make fun of colleague’s statements. 5. Tell colleagues they are wrong. 6. Insist upon pontificating. 7. Appeal directly to the audience. 8. Amend a motion and then don’t vote for it. 9. Don’t show up at scheduled events. 10. Request a special meeting or meeting time and fail to attend. 11. Commit to a position before the meeting. 12. Take individual credit for group accomplishments. 13. Fail to actively listen to colleagues. 14. Pressure colleagues to take a position before the meeting. 15. Pack the meeting for pressure purposes. 16. Violate a colleagues’ confidence. 17. Covertly use the media to achieve your agenda. 18. Force a vote on a key issue before the group is ready. 19. Criticize staff in public. 20. Fail to prepare for meetings. Excerpted from the “Elected Officials Little Handbook.” ATTACHMENT B Events and Activities Qualifying for Reimbursement Government Code Section 53232.2(b) requires that each local agency adopt a written policy specifying the types of events or activities qualifying for reimbursement of expenses. Following is a list of events and activities for which the Town Council may expend Town funds or seek reimbursement: 1. Attending educational seminars or conferences designed to improve officials’ skill and information levels regarding municipal governance; 2. Participating in and attending meetings of regional, state and national organizations whose activities affect the Town’s interests (including, but not limited to, the League of California Cities, the National League of Cities, the U.S. Conference of Mayors and the Contra Costa Mayors’ Conference); 3. Meeting with representatives of regional, state and national government to present information or testimony related to proposed or pending legislation or administrative actions that may impact the Town and its operations; 4. Attending functions of local civic or community organizations where there is a clear nexus between the event and the official’s function or job, i.e., not purely social events; 5. Attending meetings, seminars or similar functions regarding economic development or attracting or retaining businesses to the Town where there is a clear nexus between the event and the official’s function or job and the event is consistent with Town policy; and 6. Any other event or activity related to the public official’s duties and approved in advance by the Town Council at a public meeting. February 8, 2019 TO: Mayor and Town Council FROM: Joe Calabrigo, Town Manager Rob Ewing, City Attorney SUBJECT: Workshop Follow-up – TC Guidelines As part of the Annual Planning and Goal Setting Workshop last Friday, the Council revisited the “Town Council Guidelines”. This discussion covered a number of topics that will warrant further Town Council consideration in order to achieve clarity and consensus on each of these issues. This memo summarizes the topics that were covered. Council Salary and Reimbursement The Town Council asked about the process required to increase Council compensation, and the last time that occurred. The council salary is set by ordinance. Any adjustment to the salary can only occur when a new term of office begins. As a practical matter, this means that the salary can only be adjusted every two years after a municipal election. The methodology to set salaries for councilmembers in general law cities is found in Government Code Section 36516. This involves a two-step process. The first step involves setting a “base salary", which is tied to the population of the city. Larger cities are able to set higher base salaries. Cities with populations of 35,000 to 50,000 are allowed a base salary of $400 per month. Step two involves applying an escalator to the base salary. The escalator allows the actual salary to be adjusted by up to 5% per year from the year of the last adjustment. The Council salary was last adjusted in 2006 (Ordinance No. 2006-05), when it was increased from $562.84 to $675 per month. The next opportunity to increase Council salary would be in 202o. At that time, salary could be increased to a maximum of $1147.50 (current $675 plus 70% increase (5%x14 years). ATTACHMENT B 2 Government Code Section 36514.5 provides that councilmembers may be reimbursed “for actual and necessary expenses incurred in the performance of official duties.” In order to make reimbursements, the council must adopt a policy at a public meeting (Government Code Section 53232.2(b)) and must go through ethics training every two years. Government Code Sections 53234-53235. The Town Council adopted a policy in 2006. Councilmembers discussed the fact that they receive numerous invitations to attend community-based events and fundraisers, and that there are expectations placed upon them to attend certain events as elected office holders. The Town’s policy allows for expense reimbursement “where there is a clear nexus between the event and the official’s function or job, i.e., not purely social events.” Beyond the policy, we have advised the Council that it is always prudent to apply the “headline test” for any reimbursement request. Staff is has reached out to the other cities in Contra Costa County to solicit information on how they address the Council expense reimbursements and will provide that information in a subsequent memo. Mayor’s Discretionary Fund Attachment A is a March 2016 memo that discusses the use of the “Mayors Discretionary Fund”. As indicated in the memo, this fund was established so that each year, the Mayor would have an opportunity to undertake a project, program or event that was considered to be of benefit to the broader community. That’s a fairly broad description which is, to my knowledge, the fullest extent of any description that exists with respect to the purpose for and use of these funds. Similar to the previous matter, staff is soliciting information from the other cities to see whether they have such funds, and if so, the amount of the funding. Proclamations This is a topic that is revisited from time to time. Total proclamations prepared by the Town has ranged from a minimum of 34 to a maximum of 62 over the past ten years. This includes formal Town proclamations, Eagle Court of Honor proclamations, mayoral proclamations and certificates of mayoral recognition. In 2011, the Council formalized a process to follow for managing proclamation requests. Proclamations to be considered or acted upon by the Town Council must be relevant to the course and scope of the Town’s role as a local government agency. In instances where such requests are not felt to fall within these parameters, the Mayor has been given the latitude to make “Mayoral Proclamations,” that do not require action on the part of the entire Council. Much of the workshop discussion was focused on clarifying the use of “Mayoral Proclamations”. 3 Questions/Issues raised at the workshop included: • What is the staff’s (Diane’s) role in preparing Mayoral proclamations, and how many do we do? Diane attempts to provide reasonable assistance, given her available time. As tracked by staff, over the past ten years, the number has ranged from as few as one to as many as sixteen in a year. This includes only the proclamations prepared by staff. Mayors can and have prepared additional proclamations on their own. • Should these proclamations be Danville focused? Proclamations are being presented to individuals and organizations that reside outside of Danville. Is that the intent? Or should this be limited to Danville residents, organizations, etc.? • What is the purpose for Mayoral Proclamation and where are these displayed? Consensus seems to be that these proclamations are for the private use of the recipient (i.e. recognizing an Eagle Scout or a resident for an achievement, special birthday, anniversary, etc.) In instances where proclamations will be displayed in public, the preference expressed was to have all five councilmembers sign the proclamation. • What materials does the Town provide? Town Council proclamations are presented in a manila folder with certain exceptions where a more elaborate presentation is sought (i.e. for the Irish Delegation and Friendship City, Operation Welcome Home, etc.). Mayoral proclamations are typically presented in either a manila folder or a green cardboard frame. In some instances, proclamations have been presented on plaques or frames. This responds to the issues/questions raised on February 1. Our intent is to place this back onto your March Study Session agenda under “Town Council Guidelines”. By that time, we expect to have received back information from the other cities contacted regarding reimbursement and expenses. Please don’t hesitate to contact either of us if you have questions or nee d further information.