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HomeMy WebLinkAboutASRBAC20230925 3.1BICYCLE ADVISORY COMMISSION STAFF REPORT 3,1 TO: Bicycle Advisory Commission September 25, 2023 SUBJECT: Review Commission Protocols and Procedures BACKGROUND At its initial orientation in 2022, the Bicycle Advisory Commission was provided governing documents that establish and define the roles, responsibilities and expectations of the Commission; and protocols and procedures for conducting Commission meetings. With the completion of the Commission's first year, staff will provide an overview and opportunity for the Commission to discuss and clarify the following guiding documents, as appropriate: ■ New Commission Orientation FAQs Bicycle Advisory Commission - Ordinance Section 2-16 Bicycle Advisory Commission Roles, Responsibilities and Expectation. RECOMMENDAION Review Commission protocols and procedures. Prepared by: Andrew Dillard Transportation Manager Attachments: A - Commission Orientation and FAQs B - Bicycle Advisory Commission Ordinance Section 2-16 C - Bicycle Advisory Commission Role, Responsibilities and Expectations NEW COMMISSIONER ORIENTATION FAQS REGARDING LEGAL ISSUES Q: What is the Brown Act? A: The Brown Act is a state law that requires all city councils, boards and commissions to conduct their business in noticed meetings open to the public. While there are certain exceptions to this rule, in general the Town's boards and commissions may only discuss an item of commission business if the item appears on a publicly posted agenda at a noticed, public meeting. Q: As an individual commissioner, how do I make sure I'm complying with the Brown Act? A: The most important thing commissioners can do to ensure compliance is to avoid what are called "serial" meetings with fellow commissioners. This occurs when a quorum of the commission communicates with one another about commission business outside of a public meeting of the commission. It can occur through emails, phone calls, face to face conversations with other commissioners or through 3rd party intermediaries. These serial meetings can occur either all at once when a group of commissioners are together outside of a meeting or through a series of one-on-one conversations. As an example, if Commissioner A sends Commissioner B an email about an upcoming item the Commission will be discussing and B then forwards to C who forwards to D, that would be a serial meeting of four Commissioners and a violation of the Brown Act. Q: Does this mean I shouldn't talk to or socialize with my fellow commissioners? A: No. The Brown Act exempts social events (just be careful about talking shop). It's also okay to talk to another commissioner, especially if you're newer and trying to get a sense of how the commission works. However, just be careful that such conversations don't lead to the type of problem discussed above. Q: Am I required to disclose my personal finances? A: Under the Political Reform Act, all elected and appointed local officials are required to complete a financial disclosure form (commonly referred to as the Form 700). You'll need to file this within 30 days of taking office and then every year that you are on the commission. The types of interests required to be disclosed are sources of income, real property owned in Danville (other than your primary residence) and certain types of investments. The City Clerk will provide you with information on how to file the Form 700 electronically. 1 ATTACHMENT A Q: Do these financial interests mean I have a conflict of interest? A: Not necessarily. The Political Reform Act has different tests for what financial interests must be disclosed and what financial interests create a conflict requiring you to abstain from participating at the commission. As an example, you are not required to disclose your primary residence on the Form 700, but if your commission is considering something that is proximate to your home, you could have a financial conflict requiring abstention. Q: What happens if I have a conflict of interest? A: If you have a financial conflict, you cannot have any involvement with that issue, with one narrow exception. That means not only are you required to abstain from discussing and voting on the item at the commission meeting, you are also prohibited from lobbying staff or your fellow commissioners on the subject. When the item comes before the commission, you are required to announce the conflict and leave the room. Here's where the one narrow exception comes in: if the conflict relates to your primary residence, you still must abstain, but you can stay in the room and address the commission, but only on how the item will affect your own property. Q: Is there any u7ay I can learn more about these issues? A: Yes. State law requires that all local elected and appointed officials must complete a two-hour ethics training course within a year of taking office and every two years thereafter. You'll hear from Town staff about options to complete this requirement. In addition, any time you have a question, you are encouraged to talk to your staff liaison and/ or the City Attorney directly. It is always better to err on the side of asking questions early. 2 2-16 BICYCLE ADVISORY COMMISSION. 2-16.1 Creation of Bicycle Advisory Commission. A Bicycle Advisory Commission of the Town of Danville is hereby established. The Commission shall consist of six (6) regular members, one of whom shall be a Youth Commissioner as set forth in Section 2-16.11 below. (Ord. 2022-02, § 1) 2-16.2 Qualifications. All members of the Commission shall have experience, training, occupation, or education demonstrating a knowledge of and interest in bicycling. Members of the Commission shall represent an inclusive cross-section of interests in bicycling such as recreational cyclists (road and mountain biking), commuters, families, seniors and youth, and merchants interested in cycling and cycling safety. (Ord. 2022-02, § 1) 2-16.3 Powers and Duties. Advise the Town Council and Town staff on matters related to: a. Implementation of the Town's Bicycle Master Plan; b. Conditions, operations and safety of existing bicycle facilities and other non -motorized forms of transportation; c. Review of proposed bicycle -related policies, programs, projects, plans, funding applications and legislation; d. Coordination with the public, including bicycle -related organizations, the business community, and other local agencies, to promote cycling projects and programs; e. Development and dissemination of bicycle awareness and education materials to the community. (Ord. 2022-02, § 1) 2-16.4 Term of Office. For the initial five appointments to the Commission, except for the Youth Commissioner, two of the members shall be appointed to two-year terms, and three shall be appointed to four-year terms. All subsequent appointments shall be for four- year terms. The term of the Youth Commissioner shall be two years. (Ord. 2022-02, § 1) 2-16.5 Time and Place of Regular Meetings. The Commission shall hold at least one regular quarterly meeting. The Commission shall fixthe time and place of its regular meetings by resolution and may call special meetings as necessary. All meetings of the Commission are open to the public and the Commission shall give notice of its meetings as required by law. (Ord. 2022-02, § 1) 2-16.6 Absence from Meetings. If a member of the Commission is absent without cause from three (3) consecutive regular meetings of the Commission, that member's office shall be vacant automatically. The Commission shall immediately notify the Town Council of the vacancy. A member is not absent without cause if that member's absence is (1) due to illness or (2) unavoidable, and the member gives the Secretary of the Commission notice before the day of the regular meeting at which the member will be absent and giving the reason for the absence. (Ord. 2022-02, § 1) 2-16.7 Removal or Vacancy. A member of the Commission may be removed by a majority vote of the Council. A vacancy is filled in the same manner as the original appointment. A person appointed to fill a vacancy serves for the remainder of the unexpired term. (Ord. 2022- 02, § 1) 2-16.8 No Compensation. Members of the Commission shall not receive compensation for their attendance at Commission meetings, but are entitled to reimbursement for reasonable expenses actually incurred in the course of their duties, provided that such reimbursement shall first be approved by the Town Council. (Ord. 2022-02, § 1) 2-16.9 Adoption of Rules. The Commission shall adopt rules for the transaction of its business and shall keep a public record of its resolutions, transactions, findings, and determinations. (Ord. 2022-02, § 1) 2-16.10 Residency Requirement. All members of the Commission shall be residents of the Town of Danville. (Ord. 2022-02, § 1) 2.16.11 Qualifications and Role of Youth Commissioner. The Town Council shall appoint a Youth Commissioner to serve on the Commission to represent the interests of Danville youth. The Youth Commissioner shall be a Danville resident of high school age. The Youth Commissioner shall have the same obligations and authority of all other commissioners. (Ord. 2022-02, § 1) 2-16.12 Officers and their Duties. ATTACHMENT S The Commission shall elect a Chair and Vice -Chair from among its members. The Chair and the Vice -Chair serve for a term of one (1) year and until the successor of each is appointed and qualified. The Chair shall: preside at all meetings of the Commission, appoint committees of the Commission as needed, and perform such additional duties as are necessary and incidental to the office. The Vice -Chair shall perform the duties of the Chair on such occasions as the Chair shall be unavailable or unable to perform such duties. (Ord. 2022-02, § 1) 2-16.13 Brown Act and Conflicts of Interest. The Commission shall be subject to and conduct its business in compliance with the Ralph M. Brown Act, California Government Code, Section 54950 et seq. The members of the Commission shall be subject to the provisions of the Town's Conflict of Interest Code. (Ord. 2022-02, § 1) #1 BICYCLE ADVISORY COMMISSION A1�IVILLE Understanding Roles, Responsibilities and Expectations of Town Commissions For those new to a Town Commission, there are questions about the role of the Commission in the larger context of how the Town works. While the details of how each Commission functions vary depending on their specific role (see Item 3 below), the following is a general discussion of how the Commissions function: 1. Town Council: Set policy direction for Town; set budget priorities and service levels; balance competing interests/allocate resources; set staffing levels. 2. Council Liaison to Commission: The Town Council appoints one member of the Council to be the liaison to each Commission for a calendar year. The Council liaison attends Commission meetings; respond to Commission questions regarding Council policy, budget, direction; communicate Council position related to specific areas and acts as kind of the "Faculty Advisor." 3. Role of Bicycle Advisory Commission (per Muni Code): Advise the Town Council and Town Staff on matters related to: 1. Implementation of the Towri s Bicycle Master Plan; 2. Conditions, operations and safety of existing bicycle facilities and other non - motorized forms of transportation; 3. Review of proposed bicycle -related policies, programs, projects, plans, funding applications, and legislation; 4. Coordination with the public including bicycle -related organizations, the business community, and other local agencies to promote cycling projects and programs; 5. Development and dissemination of bicycle awareness and education materials to the community. h. Consider improvements to the condition of Town recreation facilities annually; and i. Perform other duties prescribed by the Town Council. 4. Town Staff: Implement Council policy; day to day administration and operations; create and implement programming; provide technical expertise and support to Council and Commission. Assist Commission in identifying and accomplishing Commission goals, consistent with assigned role. 5. Council Expectations of the Commission: a. Commission will meet regularly, and will work to address Commission charge through the Town staff. b. Commission will operate based on the ground rules developed and utilized by the Town Council and role of staff - how we expect you to treat/ interact with each other and the staff. (see Attachment A) ATTACHMENT C ATTACHMENT A: Expectations of Commission/Commissioners The Town Council has adopted ground rules that guide how they work together and work with the Town staff. The Council expects that each of the Towri s appointed commissions will adhere to the same ground rules. Four basic ground rules in order to work effectively together on an ongoingbasis: asis: 1. Keep focused on the charge 2. Use inquiry vs. judgment - hear all points 3. Be respectful of one another 4. Focus on issues not people 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 Commissioners. 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 staff will manage the agenda process. Individual commissioners may request placement of items on the agenda, but only the Commission may direct placement of items. 11. Each commissioner will have the opportunity to be heard and to present their respective views. Once a matter has been discussed and/or debated and the Commission makes a decision (vote taken), that decision becomes the Commission position. 12. In situations where conflicts arise that impede the function of the Commission, Commissioners will attempt to resolve issues on a one-on-one basis. Depending upon the circumstances, it may also be appropriate for Town staff to facilitate resolution among the affected members. When dealing with Town staff... 1. Treat staff as professionals; do not publicly criticize an individual staff member. 2. The Commission takes action as an appointed body, rather than individually. Allow staff to handle administrative functions and limit individual requests for staff support. 3. In study sessions or regular meetings, the Town Commission will summarize and clarify direction (action items/next steps). 4. As an individual Commissioner, do not ask the Town staff to do something that is contrary to the direction of the Commission or the Town Council. 5. Do not draw staff members into disagreements among Commissioners. 6. Provide questions for staff ahead of time so staff can prepare.