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HomeMy WebLinkAbout041426-03.3 STUDY STUDY SESSION MEMORANDUM 3.3 TO: Town Council April 14, 2026 SUBJECT: Town Council Guidelines and Rules of Procedure – Consolidated and Updated for Compliance with SB 707 BACKGROUND The existing Town Council Guidelines (Attachment A) were originally developed in 2003 to support effective governance by outlining shared values and expectations for how the Council works with one another, the public, and Town staff. Over time, the document has evolved to include a mix of guiding principles, behavioral norms, and references to adopted policies and operating practices. While this approach has served the Town well, it relies in part on institutional knowledge developed over many years. Some related policies are maintained separately and may not be clearly referenced, requiring familiarity with where that information resides. At the 2026 Annual Planning and Goal Setting Workshop (“Annual Workshop”), the Town Council discussed and agreed on the need for a more clear and consolidated approach to create a single reference document that reorganizes and integrates existing guidance from the Town Council Guidelines into three primary areas: •Purpose and Intent •Rules of Conduct and Behavioral Norms •Operating Procedures DISCUSSION This updated document, now titled the Town Council Handbook: Governance Guidelines & Rules of Procedure (informally referred to as the “Council Handbook”), is included as Attachment C. Much of the content in the Council Handbook has been carried forward from the existing Guidelines, with edits made for clarity, flow, and readability. It also incorporates direction provided at the Annual Workshop, integrates best practices from cities that have recently updated their governance guidelines, and complies with new open meeting requirements under SB 707. Guidelines & Rules of Procedure 2 April 14, 2026 Any substantive changes from the existing Town Council Guidelines or notable areas for Council consideration are identified through highlighted text, as follows: •Green: Requires Council direction. •Yellow: Substantive changes or new language incorporating existing policies or current best practices. •Blue: Discussion areas and agreements from the Annual Workshop. It should be noted that certain components of the Council Handbook will be updated regularly (e.g., Annual Mayoral Rotation), while others may be revised as needed to reflect evolving practices, technologies, or legal requirements (e.g., Social Media Policy). Key Items for Review The following is an overview of major changes reflected in the Council Handbook, with key areas requiring Council direction: •Rules of Order (Page 2): The current Town Council Guidelines reference Robert’s Rules of Order, a comprehensive manual of parliamentary procedures, while Town Commissions use Rosenberg’s Rules of Order, a simplified version prepared by Superior Court Judge Dave Rosenberg who also served on a city council. Many cities use Rosenberg’s Rules of Order for its streamlined format, ease of understanding and accessibility while others continue to use Robert’s Rules of Order. A comparison of the two is included as Attachment B. Action: Council direction is requested. •Business Management (Page 3): This section has been deleted, as the referenced entities no longer exist. •Role of the Town Council – Emergency Governance (Page 4): Incorporated to reflect Council’s role in the event of an emergency. •Role of Liaison to Commissions and Boards (Page 4): Updated consistent with Annual Workshop agreement and direction. •Role of Town Staff (Page 5): Updated to incorporate best practices drawn from cities with recently updated rules of procedure. Guidelines & Rules of Procedure 3 April 14, 2026 • Interactions with Commissions, Boards and Community at Large (Page 10): Updated consistent with Annual Workshop agreement and incorporates best practices drawn from cities with recently updated rules of procedure. • Participation at Non-Town Events (Page 12): Updated consistent with Annual Workshop agreement and direction. • Chapter 6 – Communications (Pages 17-18): Consolidates existing language, incorporates relevant policies, integrates Annual Workshop agreements, and incorporates best practices drawn from cities with recently updated guidelines. • Chapter 6 – Social Media Use (Page 19): Added to reference the Town’s adopted social media policy. Given the evolution of social media since its adoption, this policy is scheduled to be updated in the near future. • Chapter 8 – Compensation and Medical Benefit (Page 21): New language that reflects existing Government Code provisions and Town medical benefits offered to members of the Town Council. • Business Expense Reimbursement (Page 21): Updated consistent with Annual Workshop direction to align per diem rates with U.S. General Services Administration (GSA) standards for lodging, meals, and incidental expenses. This policy will be presented for separate adoption at an upcoming public meeting. Action: Council acceptance of the proposed approach is requested, and direction to return with an updated policy for formal adoption. • Shared Discretionary Expenses (Page 23): Updated consistent with Annual Workshop agreement and direction. • Public Meetings (Page 24 and Exhibit 12): Updated to be compliant with SB 707. Council feedback is also requested regarding the relocation of Study Sessions. Action: Council review and direction are requested regarding (a) updates to be in compliance with SB 707; and (b) location of Study Sessions after July 1, 2026 to ensure meetings are held in facilities capable of providing two-way remote participation. Guidelines & Rules of Procedure 4 April 14, 2026 RECOMMENDATION Review the updated Town Council Governance Guidelines & Rules of Procedure (informally referred to as the “Council Handbook”) and provide feedback. Specific Council direction is requested on the following items: a. Rules of Order: Selection of the preferred parliamentary procedures standard (Robert’s Rules of Order or Rosenberg’s Rules of Order). b. Business Expense Reimbursement (Exhibit 11): Acceptance of the proposed approach and direction to staff to return with an updated policy for formal adoption. c. Rules of Procedure at Public Meetings (Exhibit 12): Review and provide feedback on proposed updates. Prepared by: Tai J. Williams Town Manager Review and Contributions by: Robert Ewing Marie Sunseri City Attorney City Clerk Attachments: A – Town Council Guidelines (existing) B – Comparison of Rosenberg’s Rules of Order and Robert’s Rules of Order, published by Lozano Smith, Attorney at Law C – 2026 Update of the Town Council Governance Guidelines & Rules of Procedure (informally referred to as the “Council Handbook”) ATTACHMENT A DATE: February 6, 2026 TO: Mayor and Town Council FROM: Tai Williams, Town Manager SUBJECT: Town Council Guidelines – Annual Review & Updates Service as an elected official carries the responsibility of public trust. The decisions made by the Town Council affect the Town, its residents, and the organization in lasting ways. While outcomes matter, the process and manner by which decisions are reached are equally important. Over time, the way the Council conducts its work shapes both its effectiveness and the quality of its working relationships internally and externally. The Town Council Guidelines (Attachment A) were originally drafted by the Town Council in 2003 to support effective governance by articulating values and expectations for how the Council works with one another, with the public, and with staff. Over time, the document has evolved into a combination of intentions, behavioral norms, and references to adopted policies and operating practices. For example, the annual Mayoral rotation, which is procedural in nature, is embedded deep within the document. This format worked well under prior leadership that relied on deep institutional knowledge developed over many years. As the organization evolves, it has become clear that the current structure of the Guidelines is less helpful for newer staff and for a Town Manager who, while having long tenure with the Town, was not directly involved in the development or application of many of these understandings. In their current form, the Guidelines can blur the distinction between guidance, expectations, and formal authority. This discussion item is intended to create greater clarity going forward. Specifically, the purpose of this discussion is to: 1.Organize the Guidelines to distinguish between three governance areas: a.Purpose and intent, which articulate shared values and expectations. b.Rules of conduct and behavioral norms, which guide how Councilmembers interact with one another, staff, and the public. ATTACHMENT A 2 c. Operating Procedures which describe how specific actions or processes are carried out. This distinction is intended to ensure expectations are clear, appropriately applied, and easy to understand and implement. As part of this organizational update, the Guidelines would incorporate adopted policies and procedures not currently reflected in a consolidated manner, including but not limited to: i. Annual Mayoral Rotation (Attachment B). ii. Proclamations, including procedures for requesting special recognition (Attachment C): (1) by the Town Council presented at a Town Council meeting; (2) by the Town Council *not* presented at a Town Council meeting; and (3) Certificate of Mayoral recognition. The first two categories are signed by all five Councilmembers whereas the third category is signed only by the Mayor. iii. Flag Display, guided by adopted policy including which flags may be considered to be raised on an annual basis (Attachment D). iv. Town Council Meeting Procedures, which will be updated consistent with direction provided by the discussion related to implementation of SB 707. The current meeting procedures are included Attachment E for reference. 2. Seek Council feedback on several specific governance questions that have been raised over the past year. Council direction would be included in the updated Guidelines, as appropriate: a. Role of the Mayor during public hearings. When questions arise from the public, should responses be handled based on each Mayor’s preferred meeting style, or should there be a more consistent approach across meetings? The Council may also wish to consider a hybrid approach, including when it may be helpful for staff to clarify responses as needed. b. Role of Councilmember liaisons to advisory commissions. For clarity, is the liaison role intended to be primarily observational and informational, or should Councilmembers actively participate in discussion and provide feedback? 3 The Council may wish to consider that liaison input can be perceived differently depending on the commission, topic, or context. It may at times be welcomed as helpful guidance or, in other instances, viewed as unduly influential. c.Attendance at non-Town Events: How should the Council approach attendance at private or invitation-only events when all Councilmembers are invited, but the event is not a duly noticed meeting? This discussion is intended to consider public perception and whether there is shared comfort among Councilmembers regarding how such participation may reasonably be viewed by an outside observer. d.Shared Discretionary Costs: How would the Town Council like to handle shared or discretionary costs associated with Council activities? What steps, if any, should be agreed upon in advance before such costs are incurred? This discussion is intended to promote transparency and shared understanding regarding financial or time commitments, and to clarify what, if any, steps should be agreed upon in advance before such commitments are made. e.Business Reimbursement Policy: Government Code Section 53232.2, enacted as part of Assembly Bill 1234 and effective January 1, 2006, governs expense reimbursement for local agency officials. The area generating the most questions for those traveling is meal reimbursement. In light of inflation and regional variation in travel costs, the Council may wish to consider aligning the Town’s per diem rates with those established by the U.S. General Services Administration (GSA), used by many cities and state agencies to provide administrative simplicity, as the GSA provides annual updates that reflect regional cost differences. RECOMMENDATION Consider the information and direct staff to update the Town Council Guidelines to: a.Reaffirm Town Council Guidelines and re-organize as described in Section 1. b.Confirm 2026 Mayoral Rotation (Attachment B) c.Provide direction on governance questions in Section 2. Attachments A – 2025 Town Council Guidelines B – Annual Mayoral Rotation C - Proclamation Guidelines (updated 2021) D – Outdoor Flag Policy E – Town Council Rules of Procedures (Reso 42-2018) TOWN COUNCIL GUIDELINES 1 PURPOSE These Town Council Guidelines were initially drafted by the Town Council in 2003, for the purpose of establishing parameters that would be used to guide Council conduct and support positive governance. The efficacy of these ground rules is entirely dependent upon the personal commitment made by each council member. These Guidelines are revisited and reviewed annually by the Town Council to allow for discussion of changes or updates that the Council feels may be warranted. I. 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 II. VALUES The top three values identified by the Town Council are: 1. Honesty, Integrity, Trust, Ethics 2. Leadership/Clear Direction/Vision 3. Fiscal Responsibility III. EXPECTATIONS, NORMS & COMMITMENTS A. For meetings: 1. Be prepared; read the packet thoroughly before the meeting. 2. Ask questions or provide questions of staff in advance of the meeting so staff can prepare. 3. Give credit and positive feedback. 4. Challenge issues rather than personalities; don’t criticize fellow council members. 5. Be mindful of negative body language; eye rolling; audible sighing. 6. Give speakers three minutes without responding; make sure due attention is given. Show respect. 3 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. Councilmembers may request placement of items on the agenda, but only the Town Council may direct placement of items. Video recordings of public meetings constitute a public record and cannot be edited. 11. Each councilmember has the opportunity to be heard and to present their respective views. Once a matter has been discussed and the Town Council renders 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 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. 13. At the conclusion of study sessions or regular meetings, the Town Council will summarize and clarify direction (action items/next steps). B. In General: 1. 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 councilmembers to provide similar information. 2. 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. C. When dealing with the Town Manager and staff… 1. Treat staff as professionals; don’t 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. 2 3. 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. 4. As an individual council member, 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. 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. 9. 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 councilmember 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) D. When dealing with media and public… 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. 3 E. When representing the Town in other forums… 1. Present and support decisions or positions made by the full Town Council – e.g. "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. F. The 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/coordinates 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 councilmembers 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 councilmember 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: 2025 – Renee Morgan 2028– Karen Stepper 2026 – Newell Arnerich 2028 – Mark Belotz 2027 – Robert Stroer 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 4 each new councilmember received (highest # of votes goes first, etc.) Incumbent councilmembers move up by a number of years equivalent to the number of new councilmembers 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. G. 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. H. 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 incumbents j. “Buddy System” mentoring by other council members I. 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. 5 J. Follow up Actions The Town Council may re-visit these guidelines annually 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 (Resolution No. 17-2006) 2025 TC Guidelines – updated 1/31/2025 6 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 & TOWN 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. 7 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. 8 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. 9 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 cooperatively 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.” DANVILLE MAYORAL ROTATION 1 Excerpt from the Town Council Guidelines: 2026 Mayoral Rotation a. The position of Mayor is rotated annually. Each councilmember 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: 2026 - Newell Arnerich 2027 - Robert Storer 2028 - Karen Stepper 2029 - Mark Belotz 2030 - 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 councilmember received (highest # of votes goes first, etc.) Incumbent councilmembers move up by a number of years equivalent to the number of new councilmembers elected (i.e. 2 new members means that the others move up 2 years). PROCEDURES REGARDING REQUESTS FOR SPECIAL RECOGNITION The Town may receive requests for special recognition via the public or the Town Council. Requests may include proclamations, designating a day in someone’s honor, months, or presentation of a Key to the Town. These requests may be considered in connection with individuals and/or organizations who are Danville residents or Danville based. All such requests should be directed to the Town Manager’s office for review, approval and processing as spelled out below. PROCLAMATIONS Section 1: General Criteria for consideration of a Town Proclamation: Requests must: A. Fall into the broad category of “promoting the public good,” as part of the mission of local government. B. Be consistent with Danville’s role as a local government agency responsible to the citizens of the Town; and represent a purpose upon which Town Council action is appropriate or necessary. 1. Recognize individual Danville citizens or Danville-based organizations whose extraordinary contributions and achievements have community - wide significance; 2. Call public attention to a significant community event, service, or program in support of a Danville based non-profit; (e.g., Discovery Counseling Center – Alcohol Awareness Month) 3. Requests for proclamations received in support of non-profit organizations based outside of Danville may be considered if the organization has a broad reach on Danville citizens and the local community (e.g., cancer awareness, hospice, parks, and recreation month, etc.). 4. Recognize community services provided to the Town of Danville at the request of county and/or state government agencies. (e.g., National Red Cross Month) C. Not be political in nature; or generate demands to provide “equal time” to interests or organizations whose views may be contrary to the organization making the request. D. Not be issued as marketing, advertisement, or commercial promotion of a for- profit business. E. Not be inconsistent with previous policy or past actions taken by the Town Council. 2 Section 2: Types of Proclamations Proclamations may fall into one of three categories: A. Proclamations that are requested for placement on a regular Town Council Agenda B. Proclamations that are not requested for placement on a regular Town Council Agenda; and C. Certificates of Mayoral Recognition A determination as to the appropriate category for a proclamation request shall be made by Town staff and may involve consultation with the Mayor if appropriate. A. Proclamations that are requested for placement on a regular Town Council Agenda These proclamations meet all identified criteria and are presented as part of a regular Town Council meeting under “Presentations and Proclamations”. These proclamations are signed by the entire Town Council. Proclamations may include requests to proclaim weeks or months in honor of certain specific causes. B. Proclamations that are not requested for placement on a regular Town Council Agenda These are proclamations that are not requested for placement on a regular Town Council Agenda (e.g., Operation Welcome Home, Eagle Scout). This determination may be made by staff, or upon consultation with the Mayor. These proclamations shall contain the signatures of all five council members, either via original signature, or if constrained by time, via electronic signature. A copy of the proclamation shall be provided to all five members of the Council so that all members are aware of all proclamations. C. Certificates of Mayoral Recognition A Certificate of Recognition is similar in appearance to a proclamation but is less formal. Certificates of Recognition are issued at the discretion of the Mayor and signed by the Mayor. Individual Councilmembers may request through the Mayor that a Certificate be prepared and issued. Certificates of Recognition are used to acknowledge an individual or group achievements, contributions to the community, or to recognize a noteworthy event or occasion (e.g., celebrating a 100th birthday; 50th wedding anniversary, recognizing a local business for a specific achievement ). A copy of all such certificates shall be provided to all five members of the Council so that all members are aware of all such certificates. 3 Section 3: Requesting a Proclamation Danville residents may request a proclamation through Danville Connect or via e-mail to Diane Friedmann, dfriedmann@danville.ca.gov. All proclamation requests require completing a “Request for Proclamation” form or, in the case of an Eagle Court of Honor, an Eagle Court Questionnaire. Approximately three weeks are required to receive and process a proclamation request to completion. If a resident requests placement of a proclamation on a specified Town Council meeting date, the Town Manager’s staff will make every effort to accommodate the request. Residents will be informed that Town Council meetings are held on the 1st and 3rd Tuesday of each month, except for January and August when the Town Council meets once per month. The Town Council dates and times are available on the Town website. (www.danville.ca.gov). This also applies to requests asking the Town to mail proclamations. When a proclamation has been prepared and placed on a town council agenda, a follow- up proclamation e-mail is sent to the resident containing the following information: • Date the proclamation has been placed on the Town Council agenda • Town Council meeting start time and location. • Request for the name, title and organization of the person who will be accepting the proclamation at the Town Council meeting. HONORARY DAYS AND KEYS TO THE TOWN A Proclamation or Certificate of Mayoral Recognition may be used to proclaim an honorary day for an individual or organization to commemorate a significant personal or professional achievement (i.e., a 100th birthday, a retirement, etc.). The Town Council or the Mayor, in their discretion, may also present the recipient with a Key to the Town. This recognition may be appropriate in circumstances that include, acts of heroism, meritorious service, or other types of outstanding community service, significant athletic or academic achievements, or other actions deemed worthy by the Town Council. The Mayor shall inform all members of the Council when either of these honors are bestowed. The supply of Keys to the Town shall be maintained by Town staff. Any mayor wishing to present a key shall obtain the key from staff. So that the Town can track the supply of keys and determine when additional supply is required. Attachment A – Proclamation Form Attachment B – Eagle Court of Honor Questionnaire ADMINISTRATIVE STAFF REPORT 7.1 TO: Mayor and Town Council June 16, 2020 SUBJECT: Resolution No. 46-2020, adopting an Outdoor Flagpole Display Policy; and Resolution No. 47-2020, approving the display of the Rainbow Flag during the month of June BACKGROUND The Town of Danville's unwritten practice has been to fly the American and California flags at all Town facilities equipped with one or more flagpoles (these facilities are the Town offices, the Library/ Community Center, the Veterans Memorial Building and the Town Meeting Hall). In addition, the Town flies the POW/MIA flag at flagpoles located at the Veterans Memorial Building and the All Wars Memorial at Oak Hill Park. The Town of Danville does not have a policy addressing the display of commemorative flags at Town facilities. In light of requests to display the Rainbow flag as part of Pride Month, the Town Council requested information regarding how such policies work, particularly whether allowing some commemorative flags means that the Town would need to allow all requests for such flags. The Town Council discussed this item at a public study session on March 10,2020 and directed staff to prepare a draft policy for consideration. DISCUSSION The display of the United States and California flags is largely governed by federal and state law. There are also federal and state laws addressing the display of the POW/ MIA flag on specified dates, but not year-round as the Town has displayed it. The display of other commemorative" flags is left to the discretion of local jurisdictions, subject only to First Amendment concerns, because such flags and the messages they convey are considered a form of speech. Those cities which desire to display commemorative flags have adopted local policies declaring that the city's flagpoles are "non-public forums," meaning that they are not intended to serve as a forum for anyone other than the city itself to speak. Under the government speech doctrine, the government itself may "speak" or express opinions without creating a public forum where others may demand the right to display a flag. The draft policy attached to this report is modeled on those adopted by other cities throughout the Bay Area and includes the following elements: The policy addresses the display of the flags of the United States, California, and the Town (the Town does not currently display the Town flag on outdoor flagpoles but plans to do so in the future). The policy identifies that the POW/ MIA flag shall be flown at the Veterans Memorial Building and the All Wars Memorial whenever the United States flag is flown, consistent with longstanding practice. The policy states that commemorative flags are "an expression of the Towri s official sentiments" and their display must be requested by a member of the Council itself. This requires approval by adoption of a resolution. The policy states that any commemorative flag shall be flown for no longer than 31 days and shall be flown only at the Library/ Community Center flagpole. At the March 10 Council study session, this location was identified as the most appropriate. Consideration of Request to display the Rainbozn Flag for the month of June As indicated above, the Town has received several requests to display the Rainbow flag for the month of June in recognition of LGBTQ Pride Month. At the Council's March study session to discuss the flag policy, several members of the Council asked to have this request considered by the Council if a policy was adopted allowing such flags. Those requests satisfy the requirement of the draft policy to have the item requested by a member of the Town Council. Given the delay in bringing the flag policy itself to the Council for action and the fact that June is Pride Month, both resolutions are being presented at the same time. If the Council adopts a flag policy allowing for commemorative flags, the Council may then consider the request to display the Rainbow flag. The proposed resolution contains findings outlining what Pride Month and the Rainbow flag represent. PUBLIC CONTACT Posting of the meeting agenda serves as notice to the general public. FISCAL IMPACT None. Flag Policy 2 June 16, 2020 RECOMMENDATION Adopt Resolution No. 46-2020, adopting an Outdoor Flagpole Display Policy; and, adopt Resolution No. 47-2020, approving the display of the Rainbow Flag during the month of June. Prepared by: z6e4r---. e-:(— Robert B. Ewing City Attorney Attachments: A -Resolution No. 46-2020 Exhibit 1 - Town of Danville Flag Policy B -Resolution No. 47-2020 Flag Policy 3 June 16, 2020 DocuSign Envelope ID: A3C6D5E8-FIEF-4974-B6CD-4227D55352F1 RESOLUTION NO. 46-2020 ADOPTING AN OUTDOOR FLAGPOLE DISPLAY POLICY WHEREAS, the Town of Danville displays the United States Flag, the California State Flag and the POW/ MIA Flag on various Town -owned flagpoles; and WHEREAS, the Town does not have a written policy regarding the display of such flags or the display of any commemorative flags on Town -owned flagpoles; and WHEREAS, the Town Council desires to establish a flagpole policy for the outdoor display of flags on Town -owned flagpoles, including commemorative flags other than the United States and California flags, in a manner which does not create a public forum; now, therefore, be it RESOLVED, that the Danville Town Council hereby adopts the Outdoor Flagpole Display Policy attached hereto as Exhibit 1. APPROVED by the Danville Town Council at a special meeting on June 16, 2020 by the following vote: AYES: NOES: ABSTAINED: ABSENT: kJ • APPROVED AS TO FORM: ATTEST: F DocuSigned by: Fwd CITY ATTORNEY CITY CLERK ATTACHMENT A DocuSign Envelope ID: A3C6D5E8-F1EF-4974-B6CD-4227D55352F1 TOWN OF DANVILLE OUTDOOR FLAGPOLE DISPLAY POLICY The Danville Town Council hereby establishes a flagpole display policy regarding: 1) the outdoor display of the flags of the United States, the State of California, the Town of Danville, and the National League of Families POW/MIA flag on flagpoles at Town - owned facilities; and 2) the outdoor display of commemorative flags on flagpoles at Town -owned facilities. In adopting this policy, the Town Council declares that the Town's flagpoles are not intended to serve as a forum for free expression of the public, but rather for the display of Federal, State, and Town Flags, and any commemorative flag as may be authorized by the Town Council as an expression of the Town Council's official sentiments. The purpose of this flagpole policy is to provide procedural guidance for the outdoor display of flags on Town -owned flagpoles. Policy Standards. Flags shall be displayed in accordance with Federal and State statutes, including, but not limited to, Title 4, Chapter 1 of the United States Code; Sections 430 through 439 of the California Government Code; and this policy. II. Procedure. A. United States Flag, California State Flag, and Town of Danville Flag 1. When flags are displayed on a single pole, the order from top to bottom shall be: the United States Flag, the National League of Families POW/MIA flag (where flown, see Section 13.3 below),the California State Flag, and the Town of Danville Flag. 2. When the flags are flown from adjacent flagpoles, the United States Flag shall be flown at the highest point of honor, which is either the tallest flagpole or the flagpole the furthest to the left from the standpoint of the observer. The California State Flag shall be placed in the second position of honor. The Town of Danville Flag, if displayed, shall be placed in the third position of honor. 3. Where both the United States Flag and the California State Flags are flown, they shall be of the same size. No flag displayed shall be larger than the United States Flag. 4. Flags shall be displayed during operating hours on all days on which the Town is open for business, and on national and state holidays, at a minimum. Flags may be displayed twenty-four (24) hours a day so long as they are illuminated during darkness. EXHIBIT 1 DocuSign Envelope ID: A3C6D5E8-F1EF-4974-B6CD-4227D55352F1 B. Commemorative Flags 1. The Town's flagpoles are not intended to serve as a forum for free expression by the public. The Town shall display commemorative flags only if authorized by the Town Council as an expression of the Town's official sentiments. Any such authorization shall be given at a duly noticed meeting of the Town Council. The Town Council shall only consider a request to display a commemorative flag if the request is made by a member of the Council. 2. The National League of POW/MIA Families flag shall be flown at the following locations at all times when the United States Flag is flown: the Veterans Memorial Building and the All Wars Memorial at Oak Hill Park. 3. Commemorative flags (other than the POW/MIA flag) shall be displayed exclusively on the flagpole at the Town Library/ Community Center. They shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but generally no longer than thirty-one (31) continuous days. Such flags shall be displayed in the last position of honor. DocuSign Envelope ID: 6A1A95A4-7E48-4AC4-8533-808FC4FDA5F9 RESOLUTION NO. 47-2020 APPROVING THE DISPLAY OF THE RAINBOW FLAG DURING THE MONTH OF JUNE WHEREAS, the Town of Danville has a diverse Lesbian, Gay, Bisexual, Transgender and Questioning ("LGBTQ") community, whose members live, attend school and work in Town: and WHEREAS, the Town of Danville is committed to supporting visibility, dignity and equity for all members of the community and preventing discrimination and bullying based on sexual orientation and gender identity; and WHEREAS, June has become a symbolic month in which the LGBTQ community and supporters come together in various celebrations of pride, with cities across the country recognizing and celebrating June as LGBTQ Pride Month; and WHEREAS, on June 2, 2020, the Danville Town Council presented a proclamation declaring June 2020 as LGBTQ+ Pride Month in Danville; and WHEREAS, the Rainbow flag has been recognized since the 1970s as a symbol of LGBTQ pride; and WHEREAS, the Town has adopted a policy regarding the display of commemorative flags on Town -owned outdoor flagpoles which allows individual councilmembers to request that commemorative flags be displayed or flown as a means of reflecting the Town's viewpoint; and WHEREAS, members of the Town Council have requested that the Town Council approve the flying of the Rainbow Flag for the month of June to further symbolize the Town's official recognition of June as LGBTQ Pride Month and to symbolize the Town's viewpoint in celebrating the diversity of and support for the Towri s LGBTQ community; now, therefore, be it RESOLVED, that the Danville Town Council approves the display of the Rainbow Pride Flag for the month of June in a manner consistent with the Town's Outdoor Flagpole Display Policy. ATTACHMENT B DocuSign Envelope ID: 6A1A95A4-7E48-4AC4-8533-808FC4FDA5F9 APPROVED by the Danville Town Council at a special meeting on June 16, 2020 by the following vote: AYES: NOES: ABSTAINED: ABSENT: MAYOR APPROVED AS TO FORM: ATTEST: DocuSigned by: neD. aC40ADBF4BF... CITY ATTORNEY CITY CLERK PAGE 2 OF RESOLUTION NO. 47-2020 RESOLUTIONNO422018AMENDINGTHEDANVILLETOWNCOUNCILRULESOFPROCEDUREWHEREAStheDanvilleTownCouncilhasadoptedRulesofProcedurewhichgoverntheconductofTownCouncilmeetingsandWHEREASthoseRulesofProceclurehavebeenreviewedandamendedasnecessaryandappropriateovertheyearsthemostrecentarnendmentbeingin2000andWHEREAStheTownCouncillequestedareviewoftheRulesofProcedurewhichreviewwascompletedbyTownstaffandWHEREAStheproposedamendmentstotheRulesofProcedureaddresschangesinstatelawchangesintechnologyandchangesincouncilpracticenowthereforebeitRESOLVEDthattheTownCouncilamendstheTownCouncilRulesofProcedureasshowninattachedExhibit1tothisresolutionAPPROVEDbytheDanvilleTownCouncilataregularmeetingonApril172018bythefollowingvoteAYESArnerichBlackwellMorganStepperStorerNOESNoneABSTAINEDNoneABSENTNoneAPPROVEDASTOFORMATTESTCITYATTORNEYCITYR DANVILLETOWNCOUNCILRULESOFPROCEDURE1REGULARMEETINGSuTimeRegularmeetingsoftheTownCouncilshalltypicallybeheldonthefirstandthirdTuesdaysofeachmonthatthehourof730pmTheTownCouncilshallnotscheduleregularmeetingsuponadaydesignatedasaholidayoranelectiondayTheTownCouncilshallannuallysetthedatesforallregularmeetingsforthesucceedingyearbyresolutionbPlaceAllregularmeetingsoftheTownCouncilshallbeheldintheplacedesignatedbyordinancePublicAllmeetingsoftheTownCouncilshallbeopentothepublicprovidedhowevertheTownCouncilmayholdclosedsessionsasprovidedbythelawsoftheStateofCalifornia2STUDYSESSIONSTheTownCouncilshallmeetinastudysessiorytypicallyonthesecondTuesdayofeachmonthThesemeetingsshalltypicallybeginat900amandbeheldattheTownOfficesat5L0LaGondaWuyTheTownCouncilshallannuallysetthedatesforallstudysessionsforthesucceedingyeñbyresolutionStudysessionsshallbeopentothepublicandagendasshallbepostedasrequiredbytheRalphMBrownActtheBrownActStudysessionsshallbeheldtoallowtheTownCounciltoconsidertopicsforpossiblefutureactionortogatherinformationontopicsofinteresttotheTownNoactionshallbetakenonitemsappearingonastudysessionagenda3AGENDAREVIEWTheMayorandoneCouncilmemberrotatingmonthlywillattendtheagendareviewmeetingat830amintheTownOfficesonthedayofeachregularlyscheduledTownCouncilmeetingThepurposeofthismeetingistoreviewtheagendaandmeetingpacketwiththeTownManagerCityAttorneyandreportauthors4SPECIALMEETINGSAspecialmeetingmaybecalledinaccordancewiththeprovisionsoftheBrownAct1RevisedApril172018EXHIBIT1 5TELECONFERENCINGlfamemberoftheTownCouncilparticipatesinaTownCouncilmeetingviateleconferencetheagendamustincludetheteleconferencelocationbeaccessibletothepublicandprovideanopportunityformembersofthepublictoaddresstheTownCouncilattheteleconferencelocationAllvotestakenduringateleconferencedmeetingshallbebyrollcall6AGENDATheTownManagershallberesponsibleforapprovingtheplacementofallitemsontheagendaforallCouncilmeetingsItemsmaybeaddedtoanagendabyamajorityoftheTownCouncilatadulynoticedmeetingTheCityClerkshallberesponsibleforensuringthatthedescriptionofagendaitemsconformstotherequirementsoftheBrownActandthattheagendaispostedandallmaterialsmadeavailabletotheTownCouncilTownstaffandthepublicatleast72hoursinadvanceofallmeetingsTheagendashallbepostedattheDanvilleTownOffices510LaGondaWayandontheTownswebsiteIntheeventthatmaterialsrelatedtoanyitemontheagendaarereceivedbytheTownaftertheagendaispostedtheCityClerkshallmakethemavailabletotheTownCouncilandthepublicasrequiredbyGovernmentCodeSection549575AsrequiredbythatstatutetheplacewheresuchrecordsmaybeviewedbythepublicshallbetheTownOfficesat510LaGondaWayPersonswhowishtoreceivecopiesoftheregularmeetingagendabymailmaydosobysubmittingawrittenrequesttotheCityClerkandpayingafeeasestablishedintheTownsMasterFeeSchedule7THEPRESIDINGOFFICERTheMayorshallpresideatallTownCouncilmeetingsandperformsuchotherdutiesconsistentwiththeofficeasmaybeimposedbytheTownCouncilTheMayorshallberecognizedastheofficialheadoftheTownforallceremonialpurposesbythecourtsforthepurposeofservingcivilprocessandbytheGovernorformilitarypurposesTheMayorshallpreservestrictorderanddecorumatallregularandspecialmeetingsoftheTownCouncilTheMayormayannouncespecialrulesfortheconsiderationofaparticularitemontheagendasuchasbutnotlimitedtothelengthoftimePersonsmayspeakrequirethatifdesirableaspokesmanaddresstheTownCouncilonbehalfofagroupofpersonsandintheeventofahearingprovidetimeforargumentsandrebuttalsfromproponentsandopponentsTheMayorshallstateeveryquestioncomingbeforetheTownCouncilcallforthevotearìnouncethedecisionoftheTownCouncilonallsubjectsanddecideallquestionsofordersubjecthowevertoanappealtotheTownCouncilin2RevisedApril172018 whicheventamajorityvoteoftheTownCouncilshallgoverhandconclusivelydeterminesuchquestionoforderTheMayorshallsignallordinancesandresolutionsadoptedbytheTownCouncilduringtheMayorstermofofficeIntheeventoftheabsenceoftheMayortheViceMayorshallsignordinancesandresolutionsasthenadopted8CALLTOORDERTheMayororintheMayorsabsencetheViceMayorshalltakethechairpreciselyatthehourappointedforthemeetingandshallimmediatelycalltheTownCounciltoorderIntheabsenceoftheMayororViceMayortheCityClerkshallcalltheTownCounciltoorderwhereuponatemporarychairmanshallbeelectedbythemembersoftheTownCouncilpresentUponthearrivaloftheMayororViceMayorthetemporarychairmanshallimmediatelyrelinquishthechairupontheconclusionofthebusinessimmediatelybeforetheTownCouncil9ATTENDANCEBeforeproceedingwiththebusinessoftheTownCounciltheCityClerkshallenterintotheminutesthenamesofthememberspresenabsentorexcused10QUORUMAmajorityofthemembersoftheTownCouncilshallconstituteaquorumforthetransactionofbusinessTheTownCouncilmayadjournanyregularadjournedregularspecialoradjournedspecialmeetinginaccordancewiththeprovisionsoftheBrownActAfter1L00pffiagendaitemswillnotbeconsideredunlesstheTownCouncilvotesbyasimplemajoritytodoso11ORDEROFBUSINESSPromptlyatthehoursetonthedayofeachregularmeetingthemembersoftheTownCouncilCityClerkTownManagerandCityAttorneyshalltaketheirregularstationsintheCouncilChambersandthebusinessoftheTownCouncilshallbetakenupforconsiderationanddispositioninthefollowingorderexceptthatupontheorderoftheChairmattersmaybetakenupoutoforderCalltoOrderPledgeofAllegiancetotheFlagChangestotheOrderoftheAgendaFortheGoodoftheTownPresentationsandProclamationsConsentCalendarTownManagersReport1234567aJRevisedApril17208 8Communications9PublicHearings10AdministrativeStaffReports1lInformationalStaffReports12CouncilReports13AdjournmentTheCityClerkshallmarkwiththewordConsentthoseitemsontheagendaregardingwhichitcanreasonablybeexpectedthattherewillbenodiscussionbymembersoftheTownCounciltheTownstafforinterestedpersonsintheaudienceTheTownCouncilshallconsideralloftheitemsontheagendamarkedconsentatonetimebyvoteafteramotionhasbeendulymadeandsecondedIfanymemberoftheTownCouncilorTownstafloranyinterestedpersonintheaudiencerequeststhataconsentitemberemovedfromthelistofconsentitemssuchitemshallbetakenupforconsiderationanddispositionintheorderinwhichitislistedontheagendaCitizensmayaddresstheTownCouncilonmattersnotcontainedontheagendaduringtheportionoftheagendadesignatedFortheGoodoftheTownTheTownCouncilshallnottakeanyactionduringthisportionoftheagendaAmajorityoftheTownCouncilmayorderthatamatterraisedduringtheFortheGoodoftheTownportionbeplacedontheagendaofasubsequentmeetingforconsiderationandactionbytheTownCouncil72READINGOFMINUTESUnlessthereadingoftheminutesofaTownCouncilmeetingisrequestedbyamemberoftheTownCouncilsuchminutesmaybeapprovedwithoutreadingiftheCityClerkhaspreviouslyfurnishedeachmemberwithacopythereofRegularmeetingsoftheTownCouncilshallberecordedbytheCityClerkwhoshallretaintherecordsforfiveyearsfollowingthemeetingatwhichtheywererecordedTheaudioandvideorecordingsshallconstituteasupplementtotheCityClerkswrittenminutes13uRULESOFDEBATEOfficerMaTheMayororsuchothermemberoftheTownCouncilasmaybepresidingmaymovesecondanddebatefromtheChairsubjectonlytosuchlimitationsofdebateasareimposeduponallmembersTheMayorshallnotbedeprivedofanyoftherightsandprivilegesofaCouncilmemberbyreasonofactingasthePresidingOfficerbGettingtheFloorEverymemberdesiringtospeakshalladdresstheChairanduponrecognitionbythePresidingOfficershallconfineremarkstothequestionunderdebate4RevisedApril172018 InterruptionsAmemberoncerecognizedshallnotbeinterruptedwhenspeakingunlessitbetocallthatmembertoorderorashereinotherwiseprovidedIfamemberwhilespeakingbecalledtoorderthemembershallceasespeakinguntilthequestionoforderbedeterminedandifinordershallbepermittedtoproceeddMotiontoReconsiderAmotiontoreconsideranactiontakenmayonlybemadeatthemeetingatwhichtheactionwastakenoratthenextsucceedingregularmeetingoftheTownCouncilAmotiontoreconsideranyactiontakenbytheTownCouncilmaybemadebyamemberoftheprevailingsidebutmaybesecondedbyanymemberandmaybemadeatanytimeandhaveprecedenceoverallothermotionsorwhileamemberhastheflooritshallbedebatableRemarksoftheCouncilmemberACouncilmembermayrequestthroughthePresidingOfficertheprivilegeofhavinganabstractofhisstatementonanysubjectunderconsiderationbytheTownCouncilenteredintotheminutesIftheTownCouncilconsentstheretosuchstatementshallbeenteredintotheminutesÐRulesofOrderExceptasotherwiseprovidedinthisresolutionthecurrenteditionofRobertsRulesofOrdershallgoverntheconductofthemeetingoftheTownCouncilGContinuanceAnyitemontheagendamaybecontinuedtoasubsequentmeetingbyamajorityvoteofthosememberspresentandeligibletovoteonthematter74ADDRESSINGTHECOUNCILAnypersondesiringtoaddresstheTownCouncilonanitemappearingontheagendamustobtainrecognitionbythePresidingOfficeruWrittenWrittencommunicationsshallbedeliveredtotheCityClerknolaterthan500pmontheWednesdayimmediatelyprecedingtheregularTownCouncilmeetingforwhichthewrittencorrununicationisintendedinordertobeincludedinthemeetingpacketIntheeventthatmaterialsrelatedtoanyitemontheagendaarereceivedbytheTownaftertheagendaispostedtheCityClerkshallmakethemavailabletotheTownCouncilandthepublicasrequiredbyGovernmentCodeSection549575AsrequiredbythatstatutetheplacewheresuchrecordsmaybeviewedbythepublicshallbetheTownOfficesat510LaGondaWaybVerbalCommunicationsInterestedpersonsintheaudienceortheirauthorizedrepresentativesmayaddresstheTownCouncilbyverbalcommunicationsonanymattersoverwhichtheTownCouncilhascontrolUnlessotherwisemodifiedbytheMayorasprovidedforinSection5aboveeachspeakershallbelimitedtothreeminutesperitemonwhichtheyaddresstheTownCouncil5RevisedApril172018 HandoutsAudiovisualPresentationsMembersofthepublic maybringprintedoraudiovisualmaterialstopresentfortheCouncilsconsiderationItisrequestedthatforanyprintedmaterialsaminimumofeightcopiesbeprovidedtotheCityClerkfordistributiontotheTownCouncilInordertoensurecompatibilityandsecuritywiththeTownssystemsanyaudiovisualpresentationshouldbeemailedtotheCityClerkatleast24hourspriortotheTownCouncilmeetingSpeakersbringingaudiovisualpresentationstotheCouncilmeetingmayalsohanddelivertheirpresentationinanacceptablefileformatonaUSBflashdrivetotheCityClerknolaterthanL5minutespriortothemeetingDuetopotentialerrorsintechnologyorcompatibilitytheTowncannotguaranteethatpresentationswillbefunctionalontheTownsequipmentInadditiontimespentsettingupthepresentationoncethespeakeriscalledshallcounttowardsthespeakersallottedtimePrintedhandoutsarehighlyrecoûunendedasabackupAnyprintedoraudiovisualpresentationsshallbecomeapartofthepublicrecordandshallberetainedbytheCityClerkInordertoensurethisifthespeakerdoesnotprovideacopyofthepresentationtheCityClerkmayneedtokeepanyflashdrivepresentedatthemeetinginordertomakeacopyafterwhichtheoriginalwillbereturnedtothespeaker15ADDRESSINGTHECOUNCILAFTERMOTIONMADEAfteramotionismadebytheTownCouncilnopersonshalladdresstheTownCouncilwithoutfirstsecuringthepermissionofthePresidingOfficer76MANNEROFADDRESSINGCOUNCILEachpersonaddressingtheTownCouncilshallbeaskedtogivehisorhernameandaddressfortherecordAllremarksshallbeaddressedtotheTownCouncilasabodyandnottoanymemberthereofNopersonotherthantheTownCouncilandpersonhavingthefloorshallbepermittedtoenterintoanydiscussioneitherdirectlyorthroughamemberoftheTownCouncilwithoutthepermissionofthePresidingOfficerNoquestionshallbeaskedaCouncilmemberexceptthroughthePresidingOfficerNoPersonmayaddresstheTownCouncilformorethanthreeminutesunlessthePresidingOfficerallowsmoretime17VOTINGuMembersoftheTownCouncilshallvotebyvoicevoteonallordinancesresolutionsandothermattersunlessarollcallvoteisrequiredbylaworisrequestedbyaCouncilmemberSilenceshallberecordedasanaffirmativevoteThePresidingOfficershallannouncetheresultsofthevoteTheCityClerkshallshowonordinancesandresolutionsthenamesofCouncilmembersvotingAyeandNoAbstainedorAbsent6RevisedApril172018 u bThevoteonanymatterbeingconsideredbytheTownCouncilmaybedelayedbythePresidingOfficeruntilallmembersoftheTownCouncilpresentforameetingandnotexcusedarepresentattheCounciltableAmemberoftheTownCouncilwhohasaconflictofinterestregardinganymatterbeingconsideredbytheTownCouncilshalldeclaretheconflictandexcusehimselforherselffromparticipatingintheTownCouncilsdeliberationsanddecisionregardingthatmatterasrequiredbylaw18ORDERANDDECORUMByCouncilmembersuVhiletheTownCouncilisinsessionthemembersmustpreserveorderanddecorumandamembershallneitherbyconversationnorotherwisedelayorinterrupttheproceedingsorthepeaceoftheTownCouncilnordisturbanymemberwhilespeakingorrefusetoobeytheorderoftheTownCounciloritsPresidingOfficerexceptasotherwisehereinprovidedbBOtherPersonsAnypersonmakingpersonalimpertinentorslanderousremarksorwhoshallbecomeboisterouswhileaddressingtheTownCouncilorwhoshallbyconversationsorotherwisedelayorinterrupttheproceedingsorthepeaceoftheTownCouncilordisturbanymemberwhilespeakingorrefusetoobeytheordersoftheTownCounciloritsPresidingOfficershallbeforthwithbarredbythePresidingOfficerfromfurtheraudiencebeforetheTownCouncilunlesspermissiontocontinuebegrantedbyamajorityvoteoftheTownCouncilEnforcementofOrderandDecorumThePresidingOfficermaydesignateaTownemployeeasSergeantatArmsThePresidingOfficershallcarryoutallordersandinstructionsgivenattheTownCouncilmeetingUponinstructionofthePresidingOfficeritshallbethedutyoftheSergeantatArmsastoanypersonwhoviolatestheorderanddecorumofthemeetingtoremoveandbarsuchpersonfromtheTownCouncilmeetingViolationoftheorderanddecorumofaTownCouncilmeetingisamisdemeanordSmokingSmokingasdefinedinSection722oftheDanvilleMunicipalCodeshallnotbepermittedintheCouncilChambersduringthemeetingsoftheTownCouncil19SPECIALCOMMITTEESAllspecialcommitteesoftheTownCouncilshallbeappointedbythePresidingOfficerwiththeapprovaloftheTownCouncil7RevisedApril172018 20PROTESTSAnyCouncilmembershallhavetherighttohavethereasonsforhisdissentfromorprotestagainstanyactionoftheTownCouncilenteredintotheminutes27TERMSOFTHEMAYORANDVICEMAYORBeginningwiththefirstregularmeetinginDecemberthetermofofficeoftheMayorandViceMayorisoneyearTheelectionorremovalofaMayororViceMayorrequiresthreeaffirmativevotes22ADJOURNMENTAmotiontoadjournshallalwaysbeinorderanddecidedwithoutdebate8RevisedApril172018 ATTACHMENT B Page 1 of 3 {Parliamentary Rules Comparison[Overview] (SR549910x7AD00)} Comparing Rosenberg’s Rules of Order and Robert’s Rules of Order Robert’s Rules of Order is an 816-page manual of parliamentary procedure originally published in the 19th Century by Henry M. Robert. Rosenberg’s Rules of Order is a simplified and streamlined seven-page version of the rules of parliamentary procedure prepared by Superior Court Judge Dave Rosenberg, who served as a councilmember of the City of Davis, including two terms as Mayor. In many respects, Rosenberg’s Rules parallels Robert’s rules; however, there are several distinctions that are addressed in the table below. TABLE 1. Rosenberg’s Rules of Order Robert’s Rules of Order Comparison 1.Fundamental Structure Set of parliamentary rules.Same 2.Quorum The minimum number of members of the body who must be present at a meeting for business to be legally transacted. Same 3.Role of the Chair It is the chair of the body who is charged with applying the rules of conduct of the meeting. Same 4.Format for Agenda Item Discussion Description of how agenda items are processed. More detail than is provided in Robert’s Rules regarding conduct of meeting. The chair may limit the time of public speakers. A second is not an absolute requirement. This is a matter left to the discretion of the chair. Power to limit the time of public speakers is subject to the decision of the body. Robert’s Rules state that a second is not required on small boards. 5.Motions in General Motions are made in a simple two- step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion. Same 6.Motion to Amend  A motion to amend takes the basic motion that is before the body and seeks to change it in some way. Much more detail/process about how to amend. 7.Substitute Motion  Allows members to propose a completely different motion as a substitute motion. Gives the chair discretion to rule on whether a motion is a “motion to amend” or a “substitute motion.” To substitute is a type of amendment. There are somewhat complex rules governing how substitutions are handled. ATTACHMENT B Page 2 of 3 {Parliamentary Rules Comparison[Overview] (SR549910x7AD00)} Rosenberg’s Rules of Order Robert’s Rules of Order Comparison 8.Friendly Amendment Allows the common practice of a “friendly amendment” and states that the maker and seconder have the right to accept it or not. “Friendly amendments” are in essence treated like any other amendment, and thus more formally. 9.Multiple Motions Before the Body In restricting motions to three total, Rosenberg rejects the customary system of “precedence of motions.” Robert allows up to 13 ranking motions. 10.Motion to Recess  Allows the chair to determine the length of the recess. The length is included in the motion made by a member (amendable but not debatable), so it is within the control of the body. 11.Motion to Table This motion must be justified by urgent other business and cannot be debated. Motion to table “until a specific time” corresponds to Robert's “postpone to a certain time.” Both are debatable. 12.Motion to Limit Debate When a member makes this motion, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can inquire of the body if there any further questions and if there are none, then the chair can go right to the pending motion that is on the floor. If one person wishes to discuss the pending motion further, then at that point, the chair treats it as a formal motion, and proceeds to it. Motion to limit debate corresponds to Robert’s “previous question.” It is undebatable, and cannot be amended or have any other subsidiary motion applied to it. Motion brought to bring the assembly at once to a vote on the immediately pending question and on such other pending questions as may be specified in the demand. Both require two-thirds vote of the body. 13.Motion to Suspend the Rules Allows debate.Motion is not debatable. Some rules cannot be suspended. 14.Counting Votes For a simple majority vote, “one vote more than 50% of the body is required.” In addressing what it means to vote “absent,” Rosenberg leaves the determination up to the chair. When a quorum is present, a majority vote is sufficient for the adoption of any motion that is in order. The responsibility of announcing, or declaring, the vote rests upon the chair. Any member may call for, or demand, a count of the votes, and, if seconded, the chair must order a count of the votes. 15.Motion to Reconsider A member who voted “with the majority” has the right to move to reconsider at the same meeting. If the motion to reconsider passes, “a new original motion is in order.” Motion can be brought at a later meeting if rules are suspended. A member who voted “with the prevailing side” has the right to move to reconsider. If the motion to reconsider passes, debate is resumed at the point it had reached just before the vote was taken. Page 3 of 3 {Parliamentary Rules Comparison[Overview] (SR549910x7AD00)} Rosenberg’s Rules of Order Robert’s Rules of Order Comparison  Motion can only be brought on the day the vote to be reconsidered was taken, or, in the case of a multi-day session, on the next day within the session in which business is conducted. 16. Courtesy and Decorum  Need for courtesy and decorum, and the chair’s right to cut off discussion that is too personal, too loud, or too crude.  Same 17. Interruptions: Privilege  Allows interrupting to raise a question of privilege by members of the body.  Interruption for question of privilege should be done only if unavoidable. 18. Interruptions: Point of Order  Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting.  Same 19. Interruptions: Appeal  If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair to the entire body.  If the motion making the appeal is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed.  Gives a special process of debate for those appeals that are debatable.  Some appeals cannot be debated. 20. Interruptions: Call for the Orders of the Day  Allows interrupting in order to bring everyone back to the agenda.  Same 21. Interruptions: Withdraw a Motion  Allows a member to interrupt debate and withdraw a motion at any time.  Once a motion has been made, seconded and stated by the chair, it belongs to the body itself, not to the original maker.  If a member wishes to withdraw the motion, the member asks permission of the body.  Does not allow interruption for this purpose and does not allow a member to withdraw a motion unilaterally. 22. Abstention and Voting  Abstention generally does not count towards majority vote.  As a result, a 2-2 vote plus one abstention would mean a motion fails.  The effect of abstention is the same as if a member voted on the prevailing side. Town Council Handbook Governance Guidelines & Rules of Procedure Draft Presented to the Danville Town Council April 14, 2026 Note: Some exhibits are updated annually. ATTACHMENT C {This page left intentionally blank} Table of Contents Part I. Purpose & Intent Chapter 1. Overview & Danville Values ................................................................................ 1 Chapter 2. Authority of the Town Council ............................................................................ 2 Chapter 3. Roles & Duties ......................................................................................................... 3 A. Role of the Town Council ................................................................................................. 3 B. Role of the Mayor .............................................................................................................. 4 C. Role of the Vice Mayor ..................................................................................................... 4 D. Role of the Liaison to Commissions and Boards .......................................................... 4 E. Role of the Town Manager ............................................................................................... 5 F. Role of Town Staff ............................................................................................................. 5 Part II. Rules of Conduct & Behavioral Norms Chapter 4. Behavioral Norms & Expectations ....................................................................... 9 A. Ground Rules for Collaboration ...................................................................................... 9 B. Public Meeting Conduct and Decorum .......................................................................... 9 C. Interactions with Commissions, Boards and Community at Large ......................... 10 D. Interactions with Town Staff .......................................................................................... 11 E. Participation at Non-Town Events ............................................................................... 12 F. Role Clarity and Expectations of Advisory Bodies .................................................... 12 Part III. Operating Procedures Chapter 5. Terms, Appointments, Resignations ................................................................. 14 A. Annual Mayoral Rotation ............................................................................................... 15 B. Terms of the Mayor and Vice Mayor ............................................................................ 15 C. Town Council Vacancies ................................................................................................ 15 D. Councilmember as Liaison Appointments .................................................................. 16 E. Advisory Commission and Board Appointments ...................................................... 16 F. Elected and Appointed Member Appointments ........................................................ 16 Chapter 6. Communications.................................................................................................... 17 A. Public Records and Retention ........................................................................................ 17 B. Ralph M. Brown Act ........................................................................................................ 17 C. Speaking for the Town .................................................................................................... 17 D. Speaking as an Individual .............................................................................................. 18 E. Interactions with the Media and Public ....................................................................... 18 F. Social Media Use .............................................................................................................. 19 Chapter 7. Ceremonial Matters & Community Relations ................................................. 20 A. Requests for Special Recognition .................................................................................. 20 B. Outdoor Flagpole Display Policy .................................................................................. 20 C. Friendship City Policy .................................................................................................... 20 Chapter 8. Financial Matters ................................................................................................... 21 A. Town Council Member Compensation ........................................................................ 21 B. Town Council Member Medical Benefit Option ......................................................... 21 C. Business Expense Reimbursement ................................................................................ 21 D. Mayor’s Discretionary Fund .......................................................................................... 22 E. Shared Discretionary Expenses ..................................................................................... 23 Chapter 9. Public Meetings ..................................................................................................... 24 Part IV. Exhibits Exhibit 1 – Overview of Legal Framework Exhibit 2 – 20 Ways to Offend Colleagues Exhibit 3 – Annual Mayoral Rotation Exhibit 4 – Process to Fill Town Council Vacancies Exhibit 5 – Selection and Appointment of Town Commissioners Exhibit 6 – Social Media Policy Exhibit 7 – Procedures Regarding Special Recognition Exhibit 8 – Outdoor Flagpole Display Policy Exhibit 9 – Friendship City Policy Exhibit 10 – Town Councilmember Medical Benefit Option Exhibit 11 - Expense Reimbursement Policy Exhibit 12 - Rules of Procedure at Public Meetings Part I. Purpose & Intent {This page left intentionally blank} Governance Guidelines & Rules of Procedure - DRAFT 1 Chapter 1. Overview & Danville Values Danville has a long and proud tradition of open government and thoughtful public dialogue. Service as an elected official carries a responsibility to the public trust, and Town Council decisions have lasting impacts on the community, the organization, and its residents. While outcomes matter, how decisions are reached is equally important. Over time, how the Council works together shapes both its effectiveness and its relationships with the community, Town staff, and one another. An earlier iteration of this Town Council Handbook of Governance Guidelines & Rules of Procedure (“Council Handbook”) was originally published in 2003. It is reviewed annually and has been updated over time to support effective governance. This handbook consolidates governance practices, adopted policies, and operating procedures into a reference resource for how the Town’s business is conducted. It is intended to support meaningful public participation, encourage constructive dialogue, and help ensure decisions are made in the community’s best interest. The following values guide the Town Council’s work and the contents of this handbook: • Integrity and Trust: Councilmembers conduct themselves with honesty, ethical behavior, and respect for the public trust. • Leadership and Vision: The Council provides direction for the community and leadership in addressing emerging opportunities and challenges. • Fiscal Responsibility: The Council exercises careful stewardship of public resources to ensure the Town’s long-term financial sustainability. Governance Guidelines & Rules of Procedure - DRAFT 2 Chapter 2. Authority of the Town Council 1. The Town Council is the policy and lawmaking body of the Town of Danville. State and local laws define the powers and responsibilities of the Town Council. 2. General Authority The guidelines and rules of procedure in this Council Handbook shall be effective upon adoption by resolution of the Town Council, provided they do not conflict with the U.S. Constitution, State law, or Town ordinances. 3. Revisions This Council Handbook may be amended by the Town Council and reviewed periodically to reflect evolving governance practices. 4. Rules of Order For procedural matters not addressed in these Guidelines, the Council may refer to an established set of parliamentary rules – either: Robert’s Rules of Order, Newly Revised (12th Edition) – or - Rosenberg’s Rules of Order (Revised 2011) – for guidance. Governance Guidelines & Rules of Procedure - DRAFT 3 Chapter 3. Roles & Duties The Town Council establishes the vision and policy direction for the community. The Town Manager and staff are responsible for implementing that direction. While the distinction between policy and administration can at times become blurred, it is important that all parties remain mindful of their respective roles. Periodic review of these roles helps maintain alignment and effectiveness. A. Role of the Town Council The Town Council operates within a legal framework detailed in Exhibit 1. In addition, state and local law define the Council’s roles and responsibilities, which generally include the following duties: 1. Representational: Representing and being accountable to constituents, and balancing individual and group interests with the needs of the entire community. 2. Governmental: Establishing policy direction, adopting legislation, approving budgets, adjudicating matters, and setting the mission and goals of the organization. In addition, individual Councilmembers are also expected to: a. Interact with constituents. b. Attend public events and ceremonies. c. Serve on Town committees, boards, and commissions. d. Assist the Mayor in conducting efficient meetings, supporting the orderly disposition of items, and keeping comments concise, civil, and germane. e. Hold one another accountable to these guidelines and rules of procedure. 3. Intergovernmental: Representing the Town on intergovernmental and regional boards and committees. 4. Financial Oversight: Adopting the annual operating and capital budgets, appropriating funds, approving contracts in accordance with Town policy, and adopting and ensuring adherence to the Town’s investment policy. 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. Governance Guidelines & Rules of Procedure - DRAFT 4 7. Emergency Governance: In the event of a declared emergency or disaster, the Town Council supports the continuity of government and emergency response operations. Councilmembers are expected to: a. Take actions necessary to enable emergency operations to continue effectively. b. Assist in conveying accurate and timely information to the public. c. Become familiar with the guidance contained in the Elected Officials’ Guide to Emergencies in California, prepared by the California Office of Emergency Services, regarding the role of elected officials during emergencies. B. Role of the Mayor The Mayor represents the Town and the Town Council in official matters and presides over Town Council meetings. When present, the Mayor presides at all meetings and performs duties assigned by the Town Council. The Mayor is also recognized as the official head of the Town for ceremonial purposes, for service of civil process, and for military purposes as designated by the Governor. The Mayor may also bring matters back to the full Town Council for direction or action, such as appointments or positions associated with organizations such as the Contra Costa Mayors’ Conference. C. Role of the Vice Mayor In the event the Mayor is unavailable, the Vice Mayor shall perform the prescribed duties for that office. D. Role of the Liaison to Commissions and Boards Councilmembers appointed as liaisons to advisory commissions and boards serve primarily in an observational and informational role. Responsibilities include: • Attending commission/board meetings as available. • Providing communication between the commission/board and the Town Council. • Supporting the work of the commission/board while respecting its advisory role. Liaisons should avoid directing commission activities or influencing deliberations in a manner that could be perceived as pre-determining Council decisions. Governance Guidelines & Rules of Procedure - DRAFT 5 E. Role of the Town Manager The Town Manager is appointed by and serves at the pleasure of the Town Council, as defined in Municipal Code Section 2-2. As the administrative head of the Town operations, duties include: 1. Communication: Maintain regular communication with all Councilmembers, ensure equal access to information, keep the Council informed of financial and operational matters, and communicate emerging issues early. 2. Policy Implementation: Implement Town Council direction and ensure that actions, policies, and decisions are carried out in a timely and effective manner. 3. Professionalism: Provide objective analysis and recommendations, present viable options, and maintain professional and administrative independence in advising the Council. 4. Organizational: Direct and oversee Town operations and personnel, build a responsive leadership team, hold staff accountable for results, and ensure efficient and effective administration of Town services. 5. Foster Teamwork: Foster a collaborative working relationship with the Town Council, respond to requests for information and advice, and support informed and effective decision-making. 6. Financial Stewardship: Prepare and administer the annual budget and salary plan, oversee expenditures and purchasing, and ensure sound fiscal management of Town resources. F. Role of Town Staff Town staff are appointed by the Town Manager and are responsible for providing professional expertise and implementing the policies and programs established by the Town Council. Duties include: • Providing objective analysis and recommendations. • Delivering municipal services efficiently and professionally. • Communicating Council policies and decisions to the public. Staff work under the direction of the Town Manager, who serves as the Town Council’s administrative lead. {This page left intentionally blank} Part II. Rules of Conduct & Behavioral Norms {This page left intentionally blank} Governance Guidelines & Rules of Procedure - DRAFT 9 Chapter 4. Behavioral Norms & Expectations Town Councilmembers share a commitment to governing for all, striving to avoid any appearance of impropriety, and running meetings with civility, decorum, and respect. The effectiveness of these behavioral norms depends on each Councilmember’s personal commitment to uphold them. A. Ground Rules for Collaboration 1. To work effectively as a governing body, the Town Council commits to following these shared ground rules: • Remain focused on the issues before the Council. • Use inquiry rather than judgment and listen to all perspectives. • Treat fellow Councilmembers, staff, and the public with respect. • Focus on issues rather than individuals. • Avoid these 20 Ways to Offend Colleagues (Exhibit 2) 2. In situations where conflicts arise between Councilmembers 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 be appropriate for the Town Manager to facilitate resolution among the affected members. B. Public Meeting Conduct and Decorum Preparation and Coordination 1. Be prepared and arrive on time. Review meeting materials in advance and come prepared for discussion. Be punctual for all meetings. 2. Advance notice of questions and agenda changes. When feasible, provide questions to staff in advance and notify staff of any intent to pull an item from the Consent Calendar or introduce an item under Town Council Reports. This helps ensure staff can prepare accurate and comprehensive responses. Meeting Conduct 3. Focus on issues, not individuals. Debate ideas respectfully and avoid personal criticism. Governance Guidelines & Rules of Procedure - DRAFT 10 4. Maintain professional demeanor. Be mindful of both verbal and non-verbal communication, including body language and tone. 5. Avoid disruptive behavior. Refrain from side conversations, personal attacks, grandstanding, escalating conflict, or surprises. 6. Demonstrate respect for speakers. Provide full attention to public speakers during their allotted time. Council Process and Accountability 7. Agenda process. The Town Manager manages the agenda. Councilmembers may request items, but only a majority of the Town Council may direct that an item be placed on an agenda for consideration. 8. Council decisions. Each Councilmember has the opportunity to be heard. Once action is taken, it represents the official position of the Town Council and should be communicated as such to the community. 9. Disclose relevant information. Share information that may assist the Council’s understanding of the matter under consideration. Public Communication 10. Support clear public communication. As meetings are recorded, ensure microphones are on, speak clearly, and remain mindful of effective communication at all times. Meeting Closure 11. Confirm direction. At the conclusion of agenda items, the Mayor summarizes and confirms Council direction, including action items and next steps as appropriate. C. Interactions with Commissions, Boards and Community at Large Councilmembers serving as liaisons to advisory commissions, boards, or committees generally participate in an observational and informational capacity. The same approach applies when attending community meetings: 1. Respect the independent role of advisory bodies. Councilmembers recognize that their presence and comments at commission or board meetings may influence Governance Guidelines & Rules of Procedure - DRAFT 11 discussion. Maintaining an observational role helps preserve each body’s independent deliberative process. 2. Be mindful at community meetings. Councilmembers recognize that their presence at community meetings may influence discussion or affect a public process, particularly when attendance has not been specifically requested. D. Interactions with Town Staff 1. Professional relationships. Councilmembers interact with Town staff in a professional manner, demonstrating courtesy and respect, and avoid publicly criticizing individual staff members. 2. Council–Manager governance structure. The Town Council acts as a body rather than individually, while the Town Manager and staff are responsible for administrative and operational matters. 3. Council direction. The Town Manager implements direction provided by the Town Council as a body. Individual Councilmembers should not request anything that is inconsistent with Council direction. 4. Requests for information and staff assistance. Councilmembers may contact staff to ask questions or seek information. When possible, inquiries should be directed to the Town Manager, department directors, or senior staff. Requests requiring significant staff time or new work efforts are coordinated through the Town Manager and may be referred to the full Town Council for direction. 5. Addressing concerns. Comments or concerns regarding staff performance are communicated privately to the Town Manager. 6. Councilmember disagreements. Differences of opinion among Councilmembers are addressed directly among members rather than involving staff. 7. Political activity. Staff serve in an apolitical role and do not participate in political activities or provide political support. Councilmembers should not request staff involvement or support in activities that are political or may be perceived as political in nature. Governance Guidelines & Rules of Procedure - DRAFT 12 F. Participation at Non-Town Events 1. Attendance. Councilmembers may attend non-Town events, even when all or a majority of the Council are present. To preserve Town staff’s role as objective professionals, staff do not attend these events unless their presence relates to official Town business (for example, a Chamber of Commerce event). 2. Public perception. Councilmembers remain mindful of how their participation in these settings may be interpreted by others, particularly with respect to: • Avoiding discussion of matters that may later come before the Town Council for consideration. • Recognizing that participants may view engagement with Councilmembers as an opportunity to influence or build favor, regardless of intent. • Being aware that observers may interpret Council attendance at certain events as signaling a closer relationship with a particular organization or group, even when none is intended. Example: If all five Councilmembers attend an event hosted by one organization, observers from other groups may infer a closer relationship or preference, even if none is intended. G. Role Clarity and Expectations of Advisory Bodies 1. Distinguishing Town business from political activity. Councilmembers are mindful to distinguish between activities undertaken in their official role representing the Town and those that are political in nature. As an example, Town resources, such as Town email accounts, are used for official Town business and not for campaign-related correspondence. 2. Expectations of Commissioners and Board Members. The Town Council expects that commissioners, board members, and all appointed officials abide by the same behavioral norms and expectations outlined in this chapter. Part III. Operating Procedures {This page left intentionally blank} Governance Guidelines & Rules of Procedure - DRAFT 15 Chapter 5. Terms, Appointments, Resignations This chapter outlines the practices related to Council terms, leadership rotation, appointments, and orientation. A. Annual Mayoral Rotation 1. Mayoral rotation. The position of Mayor rotates annually among Councilmembers. Barring changes in Council membership, each Councilmember has the opportunity to serve as Mayor approximately once every five years. The anticipated Annual Mayoral Rotation for the next five years is included as Exhibit 3. It is reviewed and accepted annually by majority consensus. 2. Vice-Mayor succession. The Vice-Mayor is next in line in the rotation to serve as Mayor, subject to a vote of the Town Council. 3. Placement of a newly elected or appointed Councilmember. When one new Councilmember joins the Town Council, that member is placed at the end of the rotation and incumbent members advance one year in the sequence. 4. Placement of multiple newly elected Councilmembers. When more than one new Councilmember joins the Town Council, the new members are placed at the end of the rotation in order of the number of votes received, with the highest vote- getter placed first. Incumbent Councilmembers advance in the rotation by a number of years equivalent to the number of new members elected. B. Terms of the Mayor and Vice Mayor Beginning with the Mayor’s Installation in December, the term of office of the Mayor and Vice Mayor is one year. The election of a Mayor or Vice Mayor requires three affirmative votes. C. Town Council Vacancies State law permits the Town to fill Town Council vacancies by either holding a special election or by making an appointment. The Town Council’s practice of conducting interviews followed by making an appointment, as utilized in 2003 and 2009, was appropriate and effective (Exhibit 4, Process to Fill Town Council Vacancies). Governance Guidelines & Rules of Procedure - DRAFT 16 D. Councilmember as Liaison Appointments 1. At the beginning of their mayoral term, the Mayor makes Town Council 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 for the Mayor to resolve the matter through compromise, the Mayor may take the appointment to the full Town Council at a study session. 2. Designate alternates for external committees and as liaisons to provide exposure to subject matter and experience in preparation for the primary position. 3. Consider rotation of assignments every couple of years to afford other Councilmember the opportunity to serve in different capacities. Consider the impact to the Town of rotation. 4. Every Councilmember has the right and obligation to serve as representatives. E. Advisory Commission and Board Appointments The Town Council will adhere to Resolution No. 11-2005, regarding selection and appointment of Town commissioners (Exhibit 5). F. Elected and Appointed Member Appointments A structured orientation process helps support the transition of newly elected and appointed members into their roles. The following practices may be helpful: • Good documentation • Visit commission meetings • Tours • Overview of regional issues • Historic perspective • Opportunity to observe meetings • Meeting with incumbents • Access to calendar of meetings • “Buddy System” mentoring Governance Guidelines & Rules of Procedure - DRAFT 17 Chapter 6. Communications Effective communication supports transparent government, informed decision-making, and public trust. Councilmembers communicate with one another, Town staff, residents, community organizations, and the media. These communications may be subject to public disclosure and legal requirements, and Councilmembers should remain mindful of applicable laws and Town policies. A. Public Records and Retention 1. All communications are public records. Communications related to the conduct of public business may constitute public records under the California Public Records Act, with limited exceptions. These may include emails, text messages, letters, memoranda, and social media communications. 2. Communication Record Retention. Emails sent or received through the Town’s network – including communications on Town social media platforms and text messages sent on Town-provided devices - are subject to the Public Records Act. B. Ralph M. Brown Act Each Councilmember should be mindful of all of the requirements of the Brown Act in communicating with each other. C. Speaking for the Town When Councilmembers are asked to speak to groups or to share the Town Council’s position on an issue, responses should reflect the position of the Town as a whole. 1. Representing Town Council decisions. When serving on appointed committees, in regional or liaison roles, or in other forums, Councilmembers participate as representatives of the Town rather than as individuals. In those settings, it is helpful for participants to understand the Town Council’s position rather than the views of any single member. Example: “The Town Council’s position is X, and this issue has been decided.” 2. Clarifying personal views. When sharing a perspective on a matter that has not been considered or decided by the Town Council, Councilmembers clarify that the comments reflect their individual viewpoint. Example: "While the Town Council hasn't discussed or decided this issue, my personal viewpoint is Y." Governance Guidelines & Rules of Procedure - DRAFT 18 3. Participation in community events. When attending events in an official capacity, Councilmembers participate as representatives of the Town. D. Speaking as an Individual On occasion, Councilmembers may wish to express views on issues the Town Council has not yet considered or taken a position on. In such cases, it is important to clarify that the comments reflect an individual perspective, not that of the Town Council. Councilmembers are also mindful that expressing opinions in advance of a pending decision may create the appearance of a predetermined outcome and a possible violation of the Brown Act. This could require that Councilmember to abstain from any future Council consideration of that subject to ensure due process. E. Interactions with the Media and Public Councilmembers play an important role in communicating with residents, stakeholders, and the media. The following practices support clear, consistent, and well-coordinated communication on matters affecting the Town. Role Clarity 1. Role of staff in public communication. Staff serve as the primary source for communicating and explaining Town Council policies, decisions, and actions. Staff do not speak on behalf of individual Councilmembers or speculate on potential Council actions. Coordination 2. Keep the Town Manager informed. Councilmembers should keep the Town Manager informed of significant media interactions or discussions with constituents and advocates to support consistent communication. 3. Encourage transparency with constituents and advocates. When meeting with constituents or advocates regarding specific issues or projects, Councilmembers may encourage them to share information with the full Town Council. Governance Guidelines & Rules of Procedure - DRAFT 19 Communication Practices 4. Communicate Clearly and accurately. When interacting with the media or public: • Share your perspective in your own words rather than adopting a reporter’s terminology. • Communicate clearly and concisely. • Clarify when appropriate whether a statement reflects a Town Council decision or a personal view. Examples: “The Town Council’s decision is…” or “My perspective is…” • For high-profile topics, coordinate key messages with Town staff to support clarity and consistency. F. Social Media Use Official Town social media accounts are used to communicate Town information and business. When referencing Town-related matters on personal accounts, Councilmembers remain mindful that applicable federal and state laws, as well as Town policies, apply. 1. Brown Act. Social media may invite interactive dialogue among Councilmembers. The Brown Act applies to publicly accessible platforms and may be violated when such discussions occur. 2. First Amendment considerations. Councilmember social media accounts may function as public forums subject to First Amendment protections. The Town’s Social Media Policy (Exhibit 6) provides guidance on public participation and unacceptable content. Blocking users may raise First Amendment concerns. 3. Public records. Councilmembers may not delete posts or related comments involving Town matters, consistent with the California Public Records Act. 4. Communication practices. Councilmembers strive to communicate with accuracy and clarity, particularly during emergencies or rapidly evolving situations. The Town shares information of Townwide significance first through official channels, which Councilmembers may then amplify through personal platforms. Unless designated, Councilmembers do not serve as spokespersons for the Town Council or the Town organization. Governance Guidelines & Rules of Procedure - DRAFT 20 Chapter 7. Ceremonial Matters & Community Relations A. Requests for Special Recognition The Town may receive requests for special recognition from the Town Council. These may include proclamations, designation of honorary days or months, or presentation of a Key to the Town. Requests are generally considered for individuals who are Danville residents or organizations that are based in Danville. 1. Proclamations: Requests for proclamations must fall into the broad category of “promoting the public good,” as part of the mission of local government. a. Placement on a regular Town Council agenda. b. Recognition not placed on a regular Town Council agenda. c. Certificates of Mayoral Recognition. 2. Other recognitions: Requests may also include honorary days, Keys to the Town, and Eagle Court of Honor acknowledgments. All requests are submitted to the Town Manager’s Office for review, approval, and processing in accordance with the procedures outlined in Procedures Regarding Requests for Special Recognition (Exhibit 7). B. Outdoor Flagpole Display Policy Danville’s Outdoor Flagpole Display Policy, Resolution No. 34-2023 (Exhibit 8) provides that the Town Council may approve the display of commemorative flags on the flagpole at the Town Library/Community Center. The policy further provides that requests for commemorative flag displays must be submitted by at least one member of the Town Council. Approved displays are valid only for the calendar year in which they are authorized, for a maximum duration of 31 days. C. Friendship City Policy The Friendship Cities Policy, Resolution No. 30-2018 (Exhibit 9), provides a framework for the Town of Danville to establish partnerships with other municipalities on a less formal basis than a Sister City relationship organized under the guidelines of Sister Cities International. Governance Guidelines & Rules of Procedure - DRAFT 21 Chapter 8. Financial Matters A. Town Council Member Compensation Compensation for City Council members in general law cities in California, such as Danville, is governed by Government Code Sections 36516 and 36516.5. Section 36516 establishes a base salary based on population and allows increases of up to 5% per year or the annual increase in the California CPI since January 1, 2024 (not to exceed 10% per year). Any increase must be approved by ordinance each time, and automatic increases are not permitted. Section 36516.5 governs the timing of salary increases, requiring that any approved increase take effect only after at least one Councilmember begins a new term of office. In practice, this means increases become effective following a Council election and swearing-in. Additionally, because the Town does not participate in Social Security, it contributes an amount equivalent to the employer’s share of Social Security into a Section 457 deferred compensation plan. B. Town Council Member Medical Benefit Option In 1995, the Town Council adopted Resolution No. 167-95, which added Councilmembers to the Town’s cafeteria medical plan. The attached memorandum (Exhibit 10) describes how Councilmembers can participate. C. Business Expense Reimbursement 1. Business Expense Reimbursement Policy. Government Code Section 53232.2, enacted through Assembly Bill 1234 and effective January 1, 2006, governs expense reimbursement for local agency officials. The Town adopted Resolution No. 17- 2006, which establishes written reimbursement standards and criteria (Exhibit 11b). The policy is consistent with State law and applies to all elected and appointed officials, employees, and volunteers. At the 2026 Annual Workshop, the Town Council directed staff to update the Town’s per diem rates to reflect inflation and generally align with those established by the U.S. General Services Administration (GSA), including lodging, Governance Guidelines & Rules of Procedure - DRAFT 22 meals, and incidental expenses. This policy update will be brought forward separately for Town Council adoption. 2. 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: a. Attending educational seminars or conferences designed to improve officials’ skill and information levels regarding municipal governance. b. 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). c. 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. d. 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. e. 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. f. Any other event or activity related to the public official’s duties and approved in advance by the Town Council at a public meeting. D. Mayor’s Discretionary Fund The Mayor’s Discretionary Fund may be expended during current Mayoral term to support one-time community projects, programs, or events that do not represent ongoing public service commitments and are not included in the Town’s Operating Budget. These funds are allocated through the annual Operating Budget process and – at the Mayor’s discretion - may be used to support public improvements, programs, or events that are accessible to the general public. Governance Guidelines & Rules of Procedure - DRAFT 23 E. Shared Discretionary Expenses From time to time, Councilmembers may choose to participate in activities that are not related to official Town business. These activities may involve discretionary costs that are borne personally by Councilmembers. 1. Alcohol at Town-hosted Events. With respect to certain Town-hosted events where wine or champagne may be served, the Council reached the following understanding and agreement: a. Mayor’s Installation. Councilmembers may voluntarily contribute individually purchased wine or champagne. Participation is entirely optional and allows those who wish to contribute to determine the type and quantity of their contribution. The Town will not purchase wine or champagne but will provide non-alcoholic beverages. b. Tri-Valley Council Meeting (when hosted by the Town). The event will be organized as a no-host gathering. Councilmembers may choose to contribute a bottle of wine at their discretion; however, no contribution is expected of all Councilmembers. c. Mayors’ Conference (when hosted by the Town). Similar to the above, the event will be organized as a no-host gathering. Councilmembers may choose to contribute a bottle of wine at their discretion, with no expectation of participation by all Councilmembers. The Council also agreed not to solicit wine contributions from vendors. 2. Advance Notice. Councilmembers agreed that advance notice will be provided when a group purchase is proposed, including information about the items being considered and the estimated costs. Additional discussion among Councilmembers may occur as needed. Governance Guidelines & Rules of Procedure - DRAFT 24 Chapter 9. Public Meetings As a general law city in the State of California, the Town Council operates in accordance with the Ralph M. Brown Act (“Brown Act”), the Public Records Act, and other applicable State laws governing public meetings. Government Code Section 36813 also authorizes city councils to adopt local rules for the conduct of their meetings, provided those rules do not conflict with State law. The policies and procedures included as Exhibit 12 constitute the Town Council’s local rules, consistent with State law as of July 1, 2026. If changes in State law create a conflict, State law shall prevail. Part IV. Exhibits TOWN COUNCIL ORIENTATION OVERVIEW OF LEGAL FRAMEWORK EXHIBIT 1 INTRODUCTION The purpose of this document is to provide a brief overview of the legal framework governing the operations of the Town of Danville. Other materials included in the Councilmember Handbook binder address principles that are specific to the Town. The Town Manager, City Attorney and City Clerk are always available to provide further information as needed. In addition, the League of California Cities annually conducts seminars for newly elected mayors and council members. FOUNDATIONAL LEGAL PRINCIPLES There are three foundational legal principles governing how the Town and the Town Council function. The first is that the Town is a general law city. All cities in California are either general law or charter cities. While all cities can adopt laws to promote the public health, safety and welfare within their boundaries, general law cities may not do so if the local law conflicts with general laws of the state. In contrast, charter cities may adopt local laws that conflict with state law so long as the local law is in an area of “municipal affairs.” The Legislature has increasingly attempted to limit the power of charter cities by declaring that new state laws are a matter of “statewide concern” and must be followed by all cities. This has been most notable in the area of housing and zoning. The second foundational principle is that the Town Council in Danville is elected on an at-large basis rather than by district. General law cities may choose to have councilmembers elected by district either through a voter approved ballot measure or by the Council adopting an ordinance in response to a demand to do so under the California Voting Rights Act. The third foundational principle is that the Town operates under the Council/ Manager form of government. This is by far the most common form of municipal government in California. Under the Council/Manager format, the Council establishes policy for the Town and the Manager is responsible for implementing those policies on a day-to-day basis. Section 2-2 of the Danville Municipal Code (Attachment 1) sets forth the roles and responsibilities of the Town Manager and Town Council here in Danville. CONDUCT OF COUNCIL MEETINGS The format, procedures and actions taken by the Town Council at its meetings are governed by a combination of state and local rules. The following is a brief overview of those rules. THE BROWN ACT The Brown Act (Government Code Section 54950, et seq.) requires that most actions of local agencies be conducted in public meetings with public input. To help insure this, the Brown Act mandates the process which must be followed with regard to notices, agendas, and the conduct of meetings. While the Brown Act does provide some limited exceptions to public meetings, those exceptions are narrowly construed in light of the fundamental goal of conducting the Council's business in public. When does the Brown Act apply? The Act applies to “meetings” which are defined as: “any congregation of a majority of the members of a local agency in the same time and place to hear, discuss, or deliberate upon any item within the subject matter jurisdiction of the legislative body or local agency to which it pertains." While this definition uses the term “congregation” which implies a physical presence, the definition encompasses any situation where a majority of the body communicate with one another regarding agency business. This can be direct communication among councilmembers by phone, text or email or indirect communication through another person who relays information or opinions from one councilmember to another. Most recently, the Act was amended to address the use of social media by officials posting about agency business. The Brown Act also applies to standing committees of the Council, even though those committees do not constitute a majority of the entire Council. Violation of the law can lead to both civil issues for the Town and civil or criminal issues for the violators. The Brown Act does include exceptions to the broad rule, acknowledging that a majority of a council may gather at conferences, social events and community events. However, the rule remains that in those circumstances there should be no discussion of Town business. It is important to be aware that the Brown Act applies to newly elected or appointed councilmembers, even before they are formally sworn in. Thus, once it becomes clear that a new candidate appears to be heading for election, any meeting with two other current members of the Town Council would be a meeting under the Brown Act. What notice is required for a Brown Act meeting? The Brown Act defines different types of meetings, each of which has different notice requirements. The three types of meetings are: Regular meetings are those conducted regularly on the same day of a week or month beginning at a fixed time. Notice for regular meetings must be posted at least 72 hours before the meeting. In Danville, the Council's regular meetings are typically held on the first and third Tuesdays of the month. In Danville, study sessions are also regular Brown Act meetings, held on the second Tuesday morning of each month. These sessions are more informal and allow the Council to receive preliminary or background information and provide direction to Town staff on future action items. No formal action is taken at study sessions. Special meetings may be called at any time with 24 hours' notice. In addition to notifying the Council, notice of special meetings is sent to each local newspaper of general circulation, radio and television station requesting notice in writing. Notice must also be posted at least twenty-four hours prior to the special meeting in a location freely accessible to members of the public. Emergency meetings may be held if there is a work stoppage or other activity which severely impairs public health, safety or both, such as a major disaster. The twenty-four hour notice and posting is not required in such situations. Emergency meetings may not be held in closed session. In addition to the noticing requirements found in the Brown Act, other state laws require additional notice for certain types of actions. As an example, certain land use items require notice be mailed to surrounding neighbors and/or be published in the paper. As a matter of policy, the Town has adopted noticing standards that greatly exceed the minimums set by state law. Agenda requirements The Brown Act requires that the agenda for every meeting must contain a "brief general" description of each item of business. The description must contain enough information to allow the public to understand the nature of each agenda item. So, for instance, it is not enough to describe an item as approving a contract, the description must indicate what service would be provided by the contract. With one exception described below, the Council may not discuss items that do not appear on the agenda. Thus, when a member of the public raises an issue under “Good of the Town,” the response is limited to a brief discussion such as directing staff to report back on the item or providing information about upcoming meetings, etc. relevant to the subject raised. The Brown Act does allow items to be added after the agenda is posted for a regular meeting (with a 2/3s vote) if there is a need to take action before the next regular meeting and the need for action came to the attention of the local agency after the agenda was posted. Closed sessions The Brown Act does allow for closed sessions in a limited number of instances, such as labor negotiations, discussion of pending or threatened litigation, real estate negotiations and certain personnel matters. Very specific noticing is required for closed sessions and any action taken in closed session must either be reported publicly at the end of the closed session or put on a future open meeting agenda for action. Remote participation The Brown Act has had a long-standing process to allow for officials to participate remotely via phone. That process required posting of an agenda listing where the official would be during the meeting and allowing the public to show up at that location. Post-pandemic, the Act has been amended to change those rules in light of the ability to participate via Zoom or other video platforms. The process for remote participation can be fairly complex as there are different categories and requirements for such participation, but in all cases in order to allow a councilmember to participate remotely via zoom, the public must also be allowed to use zoom to participate. As of today, the Town does not do so, meaning that remote participation is limited to the pre-pandemic rules. PARLIAMENTARY PROCEDURE The Town Council has adopted its own rules of procedure which are provided in the Councilmember Handbook. Those rules incorporate by reference Robert's Rules of Order, the most common source for parliamentary procedure. The pamphlet titled "Your guide to Parliamentary Procedure" is provided in the Councilmember Handbook. FORM OF COUNCIL ACTIONS The Town Council typically takes action either by ordinance or resolution (certain actions, such as approval of the summary of actions and demand register are handled by a simple motion for approval). Ordinances are typically required for legislative acts, meaning those decisions which establish broad policy for the Town. Examples include establishing enforceable regulations (zoning, smoking bans, etc.). Ordinances require two readings or hearings by the Council and typically go into effect 30 days after the second reading. Resolutions are formal Council actions which are used to handle non-legislative acts of the Council. Resolutions can be long and extremely detailed (typically in planning matters such as use permits or variances) or much more succinct in handling routine business and administrative matters (such as awarding a contract). Unlike ordinances, resolutions only require one reading and generally become effective upon adoption, unless otherwise stated. VOTING As a general law city, most voting requirements in Danville are set by state law. The most frequently applied standard for voting is Government Code Section 36936, which requires that "resolutions, orders for the payment of money, and all ordinances require a recorded majority vote of the total membership of the city council.” In most cases this is not much of an issue because it would always take 3 of 5 votes to have a majority. However, on items where there aren't five members participating (due to absence, conflicts or other reasons) this can make the voting more difficult. Some actions of the Town Council require a 2/3 or 4/5s vote for approval. Examples include adding urgency items to a posted agenda, adoption of urgency ordinances or moratoria and approval of a general tax. PUBLIC RECORDS The California Public Records Act ensures that the public has the right to access information "concerning the conduct of the people's business." In order to promote this right, the Records Act broadly construes what is a public record, narrowly construes exceptions to the definition, contains short timeframes for public agencies to produce such public records once requested and limits the amount that can be charged to produce the record. Several of the key questions regarding the law are: • What is a public record? A public record is "any writing...relating to the conduct of the public's business prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics." "Writing" is separately defined to include handwriting, typing, photos, emails or any other tangible form of communication. Thus, almost anything from formal staff reports to emails to computer spreadsheets and photos are public records. Of particular concern, any writing involving Town business is a public record, regardless of whether it is maintained on a Town device or a private device. For example, emails, text messages or social media posts from the private phone, tablet or computer of an official are public records and subject to disclosure if they related to Town business. This can lead to the need to review private accounts in the event of a public records request. • Who can request public records? Any person, corporation or any other entity may request public records for any purpose. So, whether the request is by an individual resident wanting information about a Town project, a newspaper doing an investigative story or a business looking for databases to use for direct marketing, they are all entitled to public records they seek. As mentioned above, some such requests may require members of the Council to review and disclose what they may have considered private communications. • Are there any records that are exempt from disclosure? The Records Act contains a number of specific exemptions, such as attorney/client, ongoing police investigations and most personnel records (although not salaries). The courts have also created some other limited exceptions, balancing the public's right to know against privacy concerns (for instance, the names of individuals filing code enforcement complaints can be kept confidential). Also, the agency is under no obligation to create a record that does not exist. ETHICS LAWS There are a lot of ethics laws which apply to city councilmembers throughout California. The League of California Cities and the Institute for Local Government have worked hard to promote understanding of these laws and of general principles of ethics. A number of their publications are included in the binder. The following is an overview of some of the more common ethics laws encountered by councilmembers. POLITICAL REFORM ACT- FINANCIAL DISCLOSURE The Political Reform Act, adopted by statewide initiative in 1974, established requirements for financial disclosure and conflicts of interest for all government officials in the state. With respect to financial disclosure, all officials are required to complete a disclosure form within 30 days of assuming office and every year thereafter. This form (FPPC Form 700, a copy of which is included in the binder) requires disclosure of financial interests on a broad basis. It is important to remember that the standards for which interests must be disclosed on Form 700 and which interests actually create a conflict of interest are different. Failure to complete the form or even to complete it within the required time is a violation of the Reform Act and can lead to penalties from the FPPC. POLITICAL REFORM ACT- CONFLICTS OF INTEREST Both the Reform Act and regulations adopted by the FPPC establish specific standards for what constitutes a conflict of interest and what action is required when a conflict exists. In very general terms, financial conflicts under the Act may arise from financial interests in real property (as owner or tenant), from investments, from business income or from any other source of income, including gifts and honoraria. Whenever a Town official believes they may have a potential conflict of interest, it is critical to address the issue as early as possible for a couple of reasons. First, as explained in detail below, if there is a conflict, the official may not have any involvement in the issue-the conflict extends beyond the public vote on the matter. Second, only the FPPC can provide immunity from subsequent challenges on conflicts and that process can take at least 30-60 days on complex matters. Whenever an official believes they may have a potential conflict of interest, there are several steps they should take: Typically, the first step is to seek informal advice from the City Attorney. Often the answer to the question (do I have a conflict?) is clear and no further advice is required. One important caveat is that because the city attorney's client is the Town and not the individual councilmember, there is no attorney/client privilege in any discussions involving potential conflicts If this doesn't answer the question, the next step is to contact the FPPC for informal telephone advice. This call can be made by the official or by the City Attorney. Generally, the FPPC staff will do some quick research and may be able to locate previous advice letters with similar facts. The final option is to submit a written request for advice to the FPPC. If you seek formal advice, the FPPC staff will respond in writing within thirty days of your request. The FPPC issues "I" (informal) advice letters and "A" (formal) advice letters. Because formal advice letters provide immunity from prosecution, FPPC staff is very careful in preparing such letters and it can take longer (sometimes much longer) than the 30 days allotted by their own regulations. Once it is determined that a conflict exists, the public official is disqualified from all participation in the process leading up to a decision by the Town. While the common perception is that conflicts preclude voting on matters, the prohibition actually applies to any contact with town staff or with other councilmembers to discuss the matter or attempt in any way to influence the decision. This broad definition of disqualification further illustrates the need to address potential conflicts as early as possible in the process. If a conflict of interest exists and the councilmember still participates in the matter, either the district attorney or the FPPC may bring an action to enforce the Political Reform Act. The district attorney may bring criminal actions, while the FPPC files only civil actions. In addition, any person residing within the jurisdiction may obtain authorization to bring a civil action to enjoin violations or compel compliance with the Act. GOVERNMENT CODE 1090 Government Code Section 1090 provides that "[C]ity officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members." The fact that the contract is fair and untainted by fraud is irrelevant in determining whether there is an "interest" that will give rise to a Section 1090 prohibition. Thus, if the financial interest is that of a councilmember, the Town may not enter into the contract, even if the councilmember abstains. Section 1090 does provide avenues for cities to enter into contracts even if a councilmember is involved if the contract is, for instance, with a non-profit or other community group where the councilmember is a boardmember or simply a member of the organization. COMMON LAW CONFLICTS OF INTEREST Even before the passage of the Political Reform Act and Section 1090, the courts recognized conflicts of interest which could disqualify a decision maker from participating. These types of conflict typically involve personal animus or bias that would deprive an applicant of a fair hearing before the Town Council. CAMPAIGN CONTRIBUTIONS In an effort to address so called “pay-to-play” activity, the state amended the Reform Act in 2022 to address campaign contributions. The law prohibits local elected officials from participating in any vote in which a party to the action (an applicant, their agent or a project opponent) if they accepted a campaign contribution of $250 or more ($500 effective 1/1/24) within the 12 months preceding the vote. The law also prohibits officials from accepting or soliciting such a campaign contribution for 12 months after the vote. Therefore, it is important to track campaign contributors and when they may be appearing before the Town Council. ETHICS TRAINING REQUIREMENT All elected and appointed local government officials are required to complete an ethics training course. This training (commonly referred to as AB 1234 training after the bill imposing the requirement) must be completed within 12 months of assuming office and every two years thereafter. The content of the training is specified by the California Attorney General and the Fair Political Practices Commission ("FPPC"). CONCURRENT ROLES Members of the Town Council wear several "hats," serving as members of other entities operating on behalf of the Town. Election or appointment to the Town Council automatically includes appointment to the Board of Directors for each of the following entities: SUCCESSOR AGENCY TO THE FORMER COMMINITY DEVELOPMENT AGENCY OF THE TOWN OF DANVILLE In 1986, the Town created a redevelopment agency, known as the Community Development Agency of the Town of Danville (the "CDA"). The CDA helped finance extensive improvements to the downtown area and provided significant funding for the senior housing project on Laurel Drive. As a result of the State of California's elimination of all redevelopment agencies throughout the state, the CDA was dissolved in 2012 and was replaced by the Successor Agency (there is also a Successor Housing Agency which is charged with handling housing assets of the former CDA). At this point, the Successor Agency exists simply to receive funds equal to the amount of outstanding debt which the former CDA was responsible for. The Successor Housing Agency continues to hold funds which must be spent on affordable housing projects. Both the Successor Agency and Successor Housing Agency will continue to exist until all former CDA debt is retired and housing assets disposed of. DANVILLE FINANCING AUTHORIIY In 1993 the Town and the former Community Development Agency formed the Danville Financing Authority, a joint powers authority used to finance various capital improvements through issuing debt. The Financing Authority is the legal entity which actually issued Certificates of Participation ("COPs") (a common form of debt financing in California) and Taxable Revenue Bonds ("TRBs") to pay for, among other things, the Front Street and Railroad Avenue parking lots, the Town Meeting Hall and Village Theatre, and the Laurel Drive senior housing project, among other improvements. With the state mandated dissolution of redevelopment agencies, the Financing Authority will continue to exist to pay off previously issued debt but will likely be unable to issue future debt. DANVILLE DISASTER COUNCIL State law authorizes cities and counties to create local disaster councils to assist in planning and implementation of disaster preparedness efforts. The Town has created such a council, the Danville Disaster Council. The Disaster Council meets twice a year to review disaster preparedness activities and plans. JOINT EFFORTS WITH OTHER PUBLIC ENTITIES California law authorizes local governments to enter into joint powers agreements (JPAs) with other public entities in order to cooperatively provide services. JPA's allow local agencies to provide services in a more efficient manner, particularly when impacts cross city boundaries or there are efficiencies that can be achieved through joint efforts. These joint efforts can be through a separate entity created by the member agencies or by one of the entities taking the lead role with financial assistance from other members. The following are a few examples of the many JPAs of which the Town is a member: Recycle Smart, formerly the Central Contra Costa Solid Waste Authority (consisting of Danville, Walnut Creek, Lafayette, Moraga, Orinda and Contra Costa County), which is the franchising authority for garbage and recycling for all of the participating entities. The Municipal Pooling Authority (consisting of 17 of the 19 cities in Contra Costa plus Manteca, Pacifica, Gilroy and Mountain House) which provides risk management and pooled insurance coverage for its members. The Tri-Valley Transportation Development Fee JEPA (consisting of Danville, San Ramon, Dublin, Pleasanton, Livermore, Contra Costa and Alameda Counties) which collects a uniform transportation impact fee used to fund traffic projects of regional significance in the Tri-Valley area. The Measure J Traffic Congestion Relief Agency (known as TRAFFIX md consisting of Danville, San Ramon, Contra Costa County and San Ramon Valley Unified School District) which provides bus transportation to students within the school district in order to reduce traffic congestion. Hap Magee Ranch Park, which is jointly owned by the Town and Contra Costa County. The Town manages and maintains the park with all costs jointly shared by the parties. In addition to these formal JPAs, the Town works cooperatively in a number of areas with other public agencies, including Contra Costa County, the City of San Ramon, the San Ramon Valley Unified School District and the San Ramon Valley Fire Protection District. Some of these joint efforts are based on formal agreements (such as the school parks maintenance agreement with the School District and the library lease with the County) while others are more informal (such as joint disaster preparation efforts with all of these agencies). EMPLOYEE RELATIONS ISSUES The Town's Personnel Policies and Procedures govern labor relations between the Town and its employees. The Town does not have any employee associations or unions, and thus no collective bargaining agreements. The Town Council directly hires, supervises and determines compensation for the Town Manager and City Attorney. All other employees of the Town report to the Town Manager-the Town Council has no role in the hiring or evaluation of those employees. The Town Council approves salary ranges and benefits and establishes the annual budget for total employee compensation. COUNCIL COMPENSATION, EXPENSES AND BENEFITS Each member of the Town Council receives the following compensation and benefits: • A monthly salary of $1,261 per month. This amount can only be increased by ordinance in an amount specified by state law. Any increases can only become effective after the next council election. Under this procedure, the salary will increase to $1,387 in December 2024. • Councilmembers are allotted $2,500 per year for medical benefits. This may be used towards the purchase of health insurance through the Town or for reimbursement of certain medical expenses incurred by the councilmember not otherwise covered by insurance. Any amounts not used by the end of the calendar year are forfeited to the Town and returned to the General Fund. • Pursuant to state law and the Town's reimbursement policy, councilmembers may be reimbursed for actual and necessary expenses consistent with the Town's policy (see policy in binder). • Because the Town does not participate in Social Security, an amount equivalent to the employers share of Social Security is deposited in the Town's 457 Deferred Compensation Plan and can be withdrawn after the Councilmember leaves office. CLAIMS AND SUITS AGAINST THE TOWN The Town participates in the self-insured pooling program of the Municipal Pooling Authority ("MPA"). MPA maintains a full- time professional staff to manage its various programs under the direction of a board of directors. Each member agency has a seat on the board of directors. The City Attorney serves as the Town’s member on the board. For general liability claims, the Town maintains a $5,000 deductible, with coverage of up to $29,000,000 ($1,000,000 through MPA and $28,000,000 through a statewide excess coverage pool). While the Town Council has previously provided the Town Manager and City Attorney with the authority to settle claims or suits for amounts up to $10,000, in reality any covered claim over the $5,000 deductible is managed by MPA staff in close consultation with the Town. MPA provides claims adjusting services and directly contracts with defense attorneys from an approved panel when suits are filed. The Town also participates in workers compensation, employment liability, short- and long-term disability, property, earthquake and vehicle insurance programs through the MPA. Some of these programs (workers comp primary and vehicle) are self-insured, some are pooled statewide (workers comp excess and employment liability) while others (property, earthquake and disability) are purchased commercially. Some litigation (primarily land use) is not covered by MPA. In such cases, the Town retains and pays its attorneys and has full control over the case. These types of cases are brought to Council in a closed session either for authority to file a suit or for policy direction on how to defend a suit. TWENTY WAYS TO OFFEND TOWN COUNCIL COLLEAGUES Excerpted from the “Elected Officials Little Handbook.” 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 cooperatively 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. EXHIBIT 2 DANVILLE MAYORAL ROTATION 1 Excerpt from the Town Council Guidelines: 2026 Mayoral Rotation a.The position of Mayor is rotated annually. Each councilmember 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: 2026 - Newell Arnerich 2027 - Robert Storer 2028 - Karen Stepper 2029 - Mark Belotz 2030 - 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 councilmember received (highest # of votes goes first, etc.) Incumbent councilmembers move up by a number of years equivalent to the number of new councilmembers elected (i.e. 2 new members means that the others move up 2 years). EXHIBIT 3 ADMINISTRATIVE STAFF REPORT 1 TO:Mayor and Town Council September 21, 2009 SUBJECT: Process to Fill Town Council Vacancy BACKGROUND The unfortunate passing of Councilman Shimansky creates a vacancy on the Town Council. Pursuant to state law, the Town Council now has less than 30 days to act to fill the vacancy. Because of this very short timeframe and the fact that there are two options to fill the vacancy, this special meeting has been scheduled so that the Town Council can provide direction to Town staff on how to proceed. DISCUSSION For general law cities such as Danville, Government Code Section 36512 prescribes the timeline and options for filling a council vacancy. With respect to time, Section 36512 provides that the Council must act within 30 days after the vacancy arose. Because the vacancy arose with Councilman Shimanksy's passing on September 15, 2009, the deadline to act is Thursday, October 15, 2009. Within the 30 days, the Council must complete one of the two options provided by Section 36512; either 1) call a special election, or 2) appoint an individual to the office. Regardless of which method is selected to fill the vacancy, the person appointed or elected to fill the vacancy will hold office for the remainder of Councilman Shimansky's unexpired term, which runs through November 2010. Filling the vacancy by election Section 36512 allows a council vacancy to be filled at a special election. Any such election must be held at the next regularly scheduled at least 114 days after the call for the election. In this case, that date would be April 6, 2010. Based on a preliminary estimate from the County Elections Department, the cost of such a special election would be approximately 176,000. Should the Council select this option, a resolution calling for the election would have to be adopted by October 15, 2009. Under this scenario, the individual elected would serve less than eight months of the remaining council term, and the Town Council would be required to operate with four members for the next seven months. EXHIBIT 4 EXHIBIT 5 Approved by: Town Manager July 14, 2011 1 SOCIAL MEDIA USE POLICY, STANDARDS AND PROCEDURES POLICY STATEMENT Purpose To address the fast-changing landscape of the Internet and the way residents and businesses communicate and obtain information about the Town of Danville (the “Town”) online, the Town may consider using social media tools to reach a broader audience. The Town encourages the use of social media to further the goals of the Town and the missions of its departments and programs, where appropriate. The Town has an overriding interest and expectation in deciding how the Town is represented on social media sites and how the Town’s message is communicated on such sites. This policy establishes internal procedures for the use of social media. Defining Social Media “Social media” is the use of web-based and mobile technologies to integrate technology, social interaction and content creation. This media allows people to generate, organize, share, edit and comment on web content (including words, video, audio, and photographs). Current technologies used for social media include, but are not limited to, RSS and other web feeds, blogs, mash-ups, widgets, wikis, and podcasts. However, this list is not all-inclusive and this policy applies to related technologies that may be created or altered in the future. General 1.The Town's website (http://www.danville.ca.gov) will remain the Town's primary internet presence, serving as the main hub of online activity and establishing the legitimacy of the Danville “brand” for all affiliated Town managed web sites and platforms. 2.All of the Town’s social media sites will be subject to approval by the Town Manager or designee. Use of social media sites may be approved for use by a department, division or program of the Town, as deemed most appropriate on a case by case basis. For purposes of this policy, the term “department” includes departments, divisions and/or programs of the Town. 3.The most appropriate uses of social media tools are as informational channels to increase the Town's ability to broadcast messages about Town activities, co-sponsored activities and other special events involving the Town to the widest possible audience. a.Events, programs and contests that are co-sponsored by the Town (pursuant to the Town’s co-sponsorship policy) or those which the Town is providing support for in some manner (such as those held on Town property, those with Town approved street EXHIBIT 6 Approved by: Town Manager July 14, 2011 2 closures or those receiving some financial assistance from the Town) can be posted to Town social media sites with the approval of the Town Manager or designee. b. Businesses or other entities which are designated sponsors of events or contests described above can be identified and added to a posting regarding the event. Town social media channels will not cross-link with for-profit businesses and agencies can post about such businesses or agencies in relation to their sponsorship of an event (for instance, using the “Like” function on Facebook or “following” businesses on Twitter). c. Social media will not be the primary tool used for disseminating emergency information. The TENS system (Telephone Emergency Notification System) will remain the primary source of that information. Emergency information may be released on social media sites, but not before release on the TENS or other emergency information systems. 4. Wherever possible, content posted to the Town’s social media sites will also be made available on the Town's website in a timely manner. 5. Wherever possible, content posted to the Town’s social media sites must contain hyperlinks directing users back to the Town's official website for in-depth information, forms, documents or online services necessary to conduct business with the Town of Danville. 6. As is the case for the Town's website, the department’s director or designee shall be responsible for the content and upkeep (including maintenance and monitoring) of any social media site that department may create. 7. Town employees’ use of the Town’s social media sites shall comply with all applicable Town policies and procedures, including, but not limited to, the Town’s conflict of interest code, personnel policies and applicable ethics rules. 8. The Town’s social media sites are subject to the California Public Records Act and Proposition 59, amending Article 1, Section 3 of the California Constitution. Any content maintained in a social media format that is related to Town business, including a list of subscribers and posted communication (with certain exceptions), is a public record. The Department maintaining the site is responsible for responding completely and accurately to any public records request for public records on social media; provided, however, such requests shall be handled in collaboration with the Town Attorney’s Office. Content related to Town business shall be maintained in an accessible format and so that it can be produced in response to a request (see the Town’s Twitter, Facebook and Video Posting standards). Wherever possible, such sites shall clearly indicate that any articles and any other content posted or submitted for posting may be or are subject to public disclosure upon request. Users shall be notified that public disclosure requests must be directed to the relevant department’s director or designee. Approved by: Town Manager July 14, 2011 3 9. California law and relevant Town records retention schedules apply to social media formats and social media content. Unless otherwise addressed in a specific social media standards document, the department maintaining a site shall preserve records required to be maintained pursuant to a relevant records retention schedule for the required retention period in a format that preserves the integrity of the original record and is easily accessible. Appropriate retention formats for specific social media tools are detailed in the standards established later in this policy for specific social media formats and shall be incorporated into the Town’s records retention policy. 10. Users and visitors to the Town’s social media sites shall be notified that the intended purpose of the site is to serve as a means of communication between Town departments and members of the public. The Town’s social media site articles, posts and comments containing any of the following forms of content shall not be allowed and shall be removed as soon as possible: a. Profane language or content b. Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation c. Sexual content or links to sexual content d. Solicitations of commerce e. Conduct or encouragement of illegal activity f. Information that may compromise the safety or security of the public or public systems g. Content that violates a legal ownership interest of any other party h. Comments in support of, or opposition to, political campaigns, candidates or ballot measures Users and visitors to the Town’s social media sites shall be informed that the Town disclaims any and all responsibility and liability for any materials that are deemed inappropriate for posting and that such postings shall be removed in an expeditious manner. 11. These guidelines must be displayed to users or made available by hyperlink. Any content removed based on these guidelines must be retained, including the time, date and identity of the poster when available (see the standards established later in this policy for specific social media formats), in accordance with the Town’s policy on the retention of such information. 12. The Town reserves the right to restrict or remove any content that is deemed in violation of this policy or any applicable law. Approved by: Town Manager July 14, 2011 4 13. The Town will approach the use of social media tools as consistently as possible, enterprise wide. 14. All new social media tools proposed for Town use will be reviewed by the IT Division (Information Systems Manager or designee) and approved by the Town Manager or designee. PROCEDURES Administration of the Town’s Social Media Sites 1. The Information Technology (IT) Division will maintain a list of social media tools which are approved for use by Town departments. 2. The IT Division will maintain a list of the Town’s social media sites, including login and password information. The department’s director or designee will inform the IT Division of any new social media sites or administrative changes to existing sites. 3. The Town must be able to immediately edit or remove content from social media sites. 4. For each social media tool approved for use by the Town the following documentation will be developed and adopted: a. Operational and use guidelines b. Standards and processes for managing accounts on social media sites c. Town and departmental branding standards d. Enterprise-wide design standards e. Standards for the administration of social media sites f. Social Media Standards 5. The following social media tools have been approved by the Town and standards have been developed for their use: a. Twitter - Twitter Standard b. Facebook - Facebook Standard c. LinkedIn – LinkedIn Standard d. Video - Video Posting Standard e. Photos-Photo Posting Standard f. Foursquare-Foursquare Standard g. Google Places – Google Places Standard h. Responses to Non-Town of Danville Social Media Standard 6. The use of other social media sites must be approved by the Town Manager or designee. Prior to approving the use of additional Social Media sites, the Town shall review and consider the following criteria: Approved by: Town Manager July 14, 2011 5 a. Employee productivity b. Business reasons b. Network bandwidth requirements and impacts c. Reputational risk to personnel d. Potential for exposure or leakage of sensitive or protected information such as copyrighted material, intellectual property, personally identifying information, etc. e. Potential for malware introduction into the organization’s IT environment. f. The potential use of “other than government” sections of Social Media web sites. TWITTER STANDARD Purpose Twitter is a micro-blogging tool that allows account holders to write (“tweet”) up to 140 characters of information to followers. By procuring and maintaining Twitter accounts, Town departments will communicate information directly to their Twitter followers, alerting them to news and directing them to the Town’s website for more information. These standards should be used in conjunction with the Town's Social Media Use Policy, Standards and Procedures. Content 1. A department’s director or designee shall hold and maintain that department's Twitter account. 2. Each department will have only one Twitter account, unless otherwise approved by the Town Manager or designee. Account information, including usernames and passwords, shall be registered with the IT Division. 3. A department's Twitter biography and/or background information will include a link to the Town’s website where the following disclaimer will be posted: “This is an official Town of Danville Twitter account. For more information about the Town of Danville please visit www.danville.ca.gov. This site is intended to serve as a mechanism for communication between the public and the department on the listed topics and as a forum to further the mission of the department. Any information on this page and its list of followers may be considered a public record which is subject to disclosure pursuant to the California Public Records Act. Public information requests must be directed to the Town Manager or designee.” Approved by: Town Manager July 14, 2011 6 4. Twitter usernames shall begin with "Danville" (e.g., DanvillePD, DanvilleRec and DanvilleMgr), unless otherwise approved by the Town Manager 5. The main image shall be the Town logo or an appropriate photo. If a Department has its own logo, that may be used if approved by the Town Manager or designee. 6. Twitter accounts shall serve three primary purposes: a. Disseminate immediate interesting or important information to residents when a news item on the Town’s website is not necessary or possible b. Promote Town-sponsored meetings, events, programs and facilities c. Refer followers to a news item or content hosted at the Town’s website or other social media used by the Town. and the department’s Facebook page and other social media 7. Information posted on Twitter shall conform to the existing protocols of the Town and the department that is posting the information. Tweets shall be relevant, timely and informative. 8. Twitter content, as much as possible, shall mirror information presented on the Town’s website and other existing information-dissemination mechanisms. The department’s director or designee shall ensure that information is posted correctly the first time. 9. Departments will use proper grammar and standard Associated Press (AP) style, and will avoid the use of jargon and abbreviations. Twitter is more casual than most other communication tools, but communications must still best represent the high standards of the Town at all times. 10. The department’s director or designee shall be responsive to those constituents who communicate via Twitter's @reply or direct message functions. Communication with followers will be timely and consistent with this policy and existing protocols. 11. The Town’s Twitter accounts may allow linking to non-Twitter accounts so long as the links are consistent with the Town’s adopted policy for linking to the Town’s website and the Town's Social Media Use Policy, Standards and Procedures. Archive 1. The department’s director or designee will maintain an electronic record or printout of any information necessary to retain for the purposes of public records retention in accordance with applicable Town policy regarding retention of such information that is not available from the application. FACEBOOK STANDARD Approved by: Town Manager July 14, 2011 7 Purpose Facebook is a social networking site that businesses and government agencies are using to promote activities, programs, projects and events. This standard is designed for Town departments looking to drive traffic to department websites and to inform more people about Town activities. These standards should be used in conjunction with the Social Media Use policy and video and photo posting policies. As Facebook changes, these standards may be updated as needed. Establishing a Page Whenever a department determines it has a business need for a Facebook account, it will submit a request to the Town Manager or designee. Once approved, the IT Division will work with the department to create a basic page for the department. Applications are not to be added to the Town’s Facebook site without the express written approval of the IT Division. The department’s director or designee will register the page with a Town email address. Personal Facebook profiles should not be used to administrate Town pages unless approved by the Information Systems Manager or designee. Type of “Pages” 1. The Town will create “pages” in Facebook (not “groups”). Facebook”pages” offer distinct advantages including greater visibility, customization and measurability. Format 1. For 'type' description, choose “government.” 2. The main image shall be the Town logo or an appropriate photo. If a Department has its own logo, that may be used if approved by the Town Manager or designee. 3. The Department will manage permissions and limit the Country to USA 4. The Default Landing Tab must be set to INFO, this will ensure that people are directed to the disclaimer information and the Town’s website 5. Departments will include a mission statement, contact information and appropriate text in the introduction box on the Wall Page. 6. Using the FBML static page application, a boilerplate section should contain a department/program description and the following: “This is an official Facebook page of the Town of Danville. For more information about the Town of Danville please visit www.danville.ca.gov. This site is intended to serve as Approved by: Town Manager July 14, 2011 8 a mechanism for communication between the public and the department on the listed topics and as a forum to further the mission of the department. Any comment submitted to this page and its list of fans may be considered a public record which is subject to disclosure pursuant to the California Public Records Act. Public information requests must be directed to the Town Manager or designee.” 7. If comments are turned on, the FBML page shall also include a Comment Policy Box with the following disclaimer: “Comments posted to this page will be monitored and inappropriate content will be removed as soon as possible. Under the Town of Danville Social Media Use Policy, Standards and Procedures, the Town reserves the right to remove inappropriate content, including, but not limited to, those items that have obscene language or sexual content, threaten or defame any person or organization, violate the legal ownership interest of another party, promote illegal activity and promote commercial services or products. The Town disclaims any and all responsibility and liability for any materials that the Town deems inappropriate for posting, which cannot be removed in an expeditious and otherwise timely manner.” 8. Any additional pages shall be linked to both the Town’s website, www.danville.ca.gov, and to the Town’s main Facebook page. 9. Town department and project pages should be fans of other Town Facebook pages, and may be fans of non-Town pages consistent with Town’s adopted policy for linking from the Town’s website. 10. The page name must be descriptive of the department. Each department will choose carefully with due consideration given to abbreviations, slang iterations, and proper grammatical usage. The Town Manager or designee will approve proposed names. Linking with Twitter 1. If a Department has a Twitter feed then the option to sync Facebook posts to Twitter should be enabled to ensure consistent information is disseminated. Page Administrators 1. A successful page requires consistent attention. In general, posting should occur at least twice per week. The department’s director will designate one or more staff members as page administrators who will be responsible for monitoring the department’s Facebook page. Only designated department staff members will make posts. 2. The department’s director or designee will be responsible for ensuring content is not stale. The department will designate one or more back-up administrators. Approved by: Town Manager July 14, 2011 9 Comments and Discussion Boards 1. Comments to the Wall generally will be allowed if the department regularly monitors content. If the department is unable to do so, comments to the Wall shall be turned off. On pages where comments are not allowed, private messaging to the page administrator will still be allowed. Discussion Boards shall be turned off unless approved by the Town Manager or designee. Photos and Video 1. Page administrators may add photos and videos to the department’s Facebook page. The approval of the Town Manager will not be required. Posting of videos or photos must follow the Video or Photo Posting Standards below. If there are postings of photos and/or videos of the public, staff must secure waivers by individuals depicted in the photo and/or video. Posting of professional photography or video must be accompanied by credits or in a manner consistent with the agreement between the Town and photographer. Photos and/or videos of the Town’s employees taken during regular office hours may be posted without obtaining waivers. 2. The ability for fans to post photos, videos and links shall be turned off unless approved by the Town Manager or designee. Style 1. The Town’s and the departments’ Facebook pages will be based upon a template that is consistent with the Town’s brand. 2. The IT Division will provide departments and offices with the template. 3. Departments will use proper grammar and standard AP style, and will avoid the use of jargon and abbreviations. Facebook is more casual than most other communication tools, but communications must still best represent the high standards of the Town at all times. Applications 1. Applications developed by Facebook can be useful by, among other things, allowing users to stream video and music, post photos, and view and subscribe to RSS feeds. Facebook developed applications may be used if it serves an appropriate and a valid business purpose, adds to the user experience and is approved by the IT Division. Applications developed by third parties shall not be used. 2. An application may be removed at any time if the Town determines that it is causing a security breach or spreading viruses. Approved by: Town Manager July 14, 2011 10 Place Pages 1. Facebook automatically populates “Place Pages” based on public listings of businesses, parks and civic buildings. Whenever possible, the Town should claim ownership of all place pages for the Town’s parks and facilities. After ownership has been granted, information and photographs shall be kept updated. Place pages should not be converted to regular Facebook pages with comments and other postings. Archive 2. Each Facebook page will be set up in conjunction with a Town e-mail account, which will archive the business content that can send updates via e-mail. Content that cannot be retrieved from Facebook via the API (Application Programming Interface) and needs to be retained as a record may be printed or stored in any other medium and maintained according to the records retention policy. Indemnity 1. Most online sites require users to agree to terms of service that include such provisions as: a. Indemnification and Defense. When a public agency creates an account on a social media site, it typically must agree not to sue the site, nor allow the site to be included in suits against the agency. Many sites also require the account owner to pay the site's legal costs arising from such suits. b. Applicable Law and Venue. Most terms of service also assert that a certain state's laws (usually California, but not necessarily always) apply to the terms of use and that the state’s courts will adjudicate disputes. The terms of service represent a binding contract; public agencies should assure that they have taken the steps necessary to bind the agency to such an agreement. LINKEDIN STANDARD Purpose LinkedIn is a social networking site for people in professional occupations. Many Town staff and members of the community currently have LinkedIn accounts. By procuring and maintaining a LinkedIn account, Town departments can communicate information directly to staff, business and community professionals, alerting them to news and directing them to the Town’s website Approved by: Town Manager July 14, 2011 11 for more information. These standards should be used in conjunction with the Town's Social Media Use Policy, Standards and Procedures. Content 1. The Town shall hold one LinkedIn Account, maintained by the Town Manager or designee. 2. Account information, including usernames and passwords, shall be registered with the IT Division. 3. A department's LinkedIn profile and/or background information will include a link to the Town’s website where the following disclaimer will be posted: “This is an official Town of Danville LinkedIn account. For more information about the Town of Danville please visit www.danville.ca.gov. This site is intended to serve as a mechanism for communication between the public and the department on the listed topics and as a forum to further the mission of the department. Any information on this page and its list of followers may be considered a public record which is subject to disclosure pursuant to the California Public Records Act. Public information requests must be directed to the Town Manager or designee.” 4. The main image shall be the Town logo or an appropriate photo. If a Department has its own logo, that may be used if approved by the Town Manager or designee. 5. LinkedIn accounts shall serve three primary purposes: a. Disseminate relevant economic development or business-related information to constituents. b. Promote Town-sponsored meetings, events, programs, facilities and job openings. c. Refer followers to a news item or content hosted at the Town’s website or other social media used by the Town. and the department’s Facebook page and other social media d. Information posted on LinkedIn shall conform to the existing protocols of the Town and the department that is posting the information. Posts shall be relevant, timely and informative. Approved by: Town Manager July 14, 2011 12 e. LinkedIn content, as much as possible, shall mirror information presented on the Town’s website and other existing information-dissemination mechanisms. The department’s director or designee shall ensure that information is posted correctly the first time. f. Departments will use proper grammar and standard Associated Press (AP) style, and will avoid the use of jargon and abbreviations. Archive 1. The department’s director or designee will maintain an electronic record or printout of any information necessary to retain for the purposes of public records retention in accordance with applicable Town policy regarding retention of such information that is not available from the application. VIDEO POSTING STANDARD Purpose The Town may post video content online in order to promote the following goals: to further a department’s mission; to provide information about Town services; and to showcase Town and community events. Video Posting Guidelines 1. The department’s director or designee will be responsible for approving the video content. 2. Whenever possible, video quality must be comparable to DVD resolution quality. 3. Low quality video will be considered as long as the audio portion is clear and the content is compelling and informative. 4. All videos must be linked to the Town’s website and the department’s Facebook page. 5. The department must secure the right to use all of or part of a video from the author or owner if the video was not produced by the department or any other Town department. The department must also secure any waivers from individuals depicted in videos if required by generally applicable Town policy or law. Approved by: Town Manager July 14, 2011 13 6. Videos streamed from other sources may not be posted to the Town’s website. Links to external videos are permitted, but it must only be used when content is relevant and necessary approvals, including, but not limited to copyright, are received. Submitting Videos to Hosting Sites 1. Videos may be submitted to hosting sites such as YouTube and Vimeo as well as Facebook on a case-by-case basis under the direction of the department’s director or designee. 2. Videos must meet the sites’ criteria for length or file size. Many sites limit videos to less than 10 minutes in length or less than 1 GB of data storage. 3. Comments posted to these sites must be monitored or the ability to post a comment shall be turned off. Comments must adhere to the guidelines stated in the Social Media Use Policy. Archive 1. A copy of any video posted to a third party’s video site shall be retained by the department for purposes of records retention. PHOTO POSTING STANDARD Purpose The Town may post photographs online in order to promote the following goals: to further a department’s mission; to provide information about Town services; and to showcase Town and community events. Photo Posting Guidelines i. The department’s director or designee will be responsible for approving the photographic content. ii. All photos must be linked to the Town’s website and the department’s Facebook page. iii. The department must secure the right to use photos from the author or owner if the photo was not produced by the department or any other Town department. The department must also secure any waivers from individuals depicted in photos if required by generally applicable Town policy or law. iv. Links to external photos are permitted, but it must only be used when content is relevant and necessary approvals, such as copyright, are received. Submitting Photos to Hosting Sites Approved by: Town Manager July 14, 2011 14 1. Photos may be submitted to hosting sites such as Flickr, Shutterfly, Facebook, and/or any other online photo management and sharing application on a case-by-case basis under the direction of the department’s director or designee. 2. Photos must meet the sites’ criteria for file size. 3. Comments posted to these sites must be monitored or the ability to post a comment shall be turned off. Comments must adhere to the guidelines stated in the Social Media Use Policy. Archive 2. A copy of any photo posted to a third party’s video site shall be retained by the department for purposes of records retention. FOURSQUARE STANDARD Purpose Foursquare is a social networking site that uses a smart phone’s built-in GPS to display restaurants, shops, parks and other attractions in a community. By “checking in” via the smart phone app, users share their location with friends while collecting points and virtual badges. This standard is designed for Town departments seeking to drive traffic to specific Town venues (such as the Village Theatre and Community Center) and inform the public of activities at these venues. These standards should be used in conjunction with the Social Media Use policy and video and photo posting policies. As Foursquare changes, these standards may be updated as needed. Foursquare Posting Guidelines 1. The department’s director or designee will be responsible for approving content regarding public places and venues. 2. Special offers, discounts and/or incentives for check-in may be provided for Foursquare users to encourage patronage, as approved by the department’s director or designee. GOOGLE PLACES STANDARD Purpose Google Places is a database of businesses, public places (parks and facilities), venues and non- profit organizations which integrate with Google’s network of products including Google’s search engine, Google Maps and Google+. Although the Town of Danville does not have a standard for Google+, the social networking platform for Google products, maintaining the Town’s asset Approved by: Town Manager July 14, 2011 15 listings help the public find accurate information quickly. As Google Places changes, these standards may be updated as needed. Google Places Posting Guidelines 1. The department’s director or designee will be responsible for approving and posting content regarding public places and venues. 2. Each place shall include the address, phone number associated with the department, website link to the park or facility’s page on the Town’s website, a description of the facility, photos of the site, business hours (or open hours) and an appropriate category assigned to the place. RESPONSES TO NON-TOWN OF DANVILLE SOCIAL MEDIA STANDARD Purpose Because of its speed and anonymity, social media has the capacity to spread false information and rumors that can be harmful to entities such as the Town. In selected circumstances it is appropriate for the Town to respond to such information or rumors. These responses should be done in a timely fashion and provide the public with factually accurate information without expressing opinions or engaging in policy discussions. Any such responses shall comply with this standard. Response Guidelines 1. The Town shall respond to information on social media sites other than those established by the Town only when determined to be reasonably necessary to protect the Town’s property, reputation, and/or employees. It will be the province of the Department Head to determine if a response is necessary. If no relevant Department Head is available it will be the decision of the Town Manager or designee. 2. The Town shall only respond to those forum or blogs that are affiliated with a verifiable and known website (current examples include the Contra Costa Times, Danville Patch and Danville Express). The Town shall not respond to forums, blogs or other social media sites that are anonymous, have no verifiable information or ability to contact an individual responsible for the site. 3. Responses shall be warranted only when information that is false or factually inaccurate has been posted on social media sites. Responses shall not be warranted when there is a difference of opinion or the original posting is critical of the Town, Town programs, facilities or staff but does not contain factual errors. Approved by: Town Manager July 14, 2011 16 4. Responses shall be factual in nature and shall be limited to information necessary to correct inaccurate or false information. Any posted response will be done with maximum courtesy, respect and professionalism. At no time should respondents engage in debate on social media sites and related forums. 5. Responses shall be coordinated by the affected department and the Town’s Public Information Coordinator. Unless otherwise directed by the Department Head, responses will be written and posted under the P.I.C.’s name. Update adopted by Town Manager on October 10, 2013 PROCEDURES REGARDING REQUESTS FOR SPECIAL RECOGNITION The Town may receive requests for special recognition via the public or the Town Council. Requests may include proclamations, designating a day in someone’s honor, months, or presentation of a Key to the Town. These requests may be considered in connection with individuals and/or organizations who are Danville residents or Danville based. All such requests should be directed to the Town Manager’s office for review, approval and processing as spelled out below. PROCLAMATIONS Section 1: General Criteria for consideration of a Town Proclamation: Requests must: A. Fall into the broad category of “promoting the public good,” as part of the mission of local government. B. Be consistent with Danville’s role as a local government agency responsible to the citizens of the Town; and represent a purpose upon which Town Council action is appropriate or necessary. 1.Recognize individual Danville citizens or Danville-based organizations whose extraordinary contributions and achievements have community - wide significance; 2.Call public attention to a significant community event, service, or program in support of a Danville based non-profit; (e.g., Discovery Counseling Center – Alcohol Awareness Month) 3.Requests for proclamations received in support of non-profit organizations based outside of Danville may be considered if the organization has a broad reach on Danville citizens and the local community (e.g., cancer awareness, hospice, parks, and recreation month, etc.). 4.Recognize community services provided to the Town of Danville at the request of county and/or state government agencies. (e.g., National Red Cross Month) C. Not be political in nature; or generate demands to provide “equal time” to interests or organizations whose views may be contrary to the organization making the request. D. Not be issued as marketing, advertisement, or commercial promotion of a for- profit business. E. Not be inconsistent with previous policy or past actions taken by the Town Council. EXHIBIT 7 2 Section 2: Types of Proclamations Proclamations may fall into one of three categories: A. Proclamations that are requested for placement on a regular Town Council Agenda B. Proclamations that are not requested for placement on a regular Town Council Agenda; and C. Certificates of Mayoral Recognition A determination as to the appropriate category for a proclamation request shall be made by Town staff and may involve consultation with the Mayor if appropriate. A. Proclamations that are requested for placement on a regular Town Council Agenda These proclamations meet all identified criteria and are presented as part of a regular Town Council meeting under “Presentations and Proclamations”. These proclamations are signed by the entire Town Council. Proclamations may include requests to proclaim weeks or months in honor of certain specific causes. B. Proclamations that are not requested for placement on a regular Town Council Agenda These are proclamations that are not requested for placement on a regular Town Council Agenda (e.g., Operation Welcome Home, Eagle Scout). This determination may be made by staff, or upon consultation with the Mayor. These proclamations shall contain the signatures of all five council members, either via original signature, or if constrained by time, via electronic signature. A copy of the proclamation shall be provided to all five members of the Council so that all members are aware of all proclamations. C. Certificates of Mayoral Recognition A Certificate of Recognition is similar in appearance to a proclamation but is less formal. Certificates of Recognition are issued at the discretion of the Mayor and signed by the Mayor. Individual Councilmembers may request through the Mayor that a Certificate be prepared and issued. Certificates of Recognition are used to acknowledge an individual or group achievements, contributions to the community, or to recognize a noteworthy event or occasion (e.g., celebrating a 100th birthday; 50th wedding anniversary, recognizing a local business for a specific achievement ). A copy of all such certificates shall be provided to all five members of the Council so that all members are aware of all such certificates. 3 Section 3: Requesting a Proclamation Danville residents may request a proclamation through Danville Connect or via e-mail to Diane Friedmann, dfriedmann@danville.ca.gov. All proclamation requests require completing a “Request for Proclamation” form or, in the case of an Eagle Court of Honor, an Eagle Court Questionnaire. Approximately three weeks are required to receive and process a proclamation request to completion. If a resident requests placement of a proclamation on a specified Town Council meeting date, the Town Manager’s staff will make every effort to accommodate the request. Residents will be informed that Town Council meetings are held on the 1st and 3rd Tuesday of each month, except for January and August when the Town Council meets once per month. The Town Council dates and times are available on the Town website. (www.danville.ca.gov). This also applies to requests asking the Town to mail proclamations. When a proclamation has been prepared and placed on a town council agenda, a follow- up proclamation e-mail is sent to the resident containing the following information: • Date the proclamation has been placed on the Town Council agenda • Town Council meeting start time and location. • Request for the name, title and organization of the person who will be accepting the proclamation at the Town Council meeting. HONORARY DAYS AND KEYS TO THE TOWN A Proclamation or Certificate of Mayoral Recognition may be used to proclaim an honorary day for an individual or organization to commemorate a significant personal or professional achievement (i.e., a 100th birthday, a retirement, etc.). The Town Council or the Mayor, in their discretion, may also present the recipient with a Key to the Town. This recognition may be appropriate in circumstances that include, acts of heroism, meritorious service, or other types of outstanding community service, significant athletic or academic achievements, or other actions deemed worthy by the Town Council. The Mayor shall inform all members of the Council when either of these honors are bestowed. The supply of Keys to the Town shall be maintained by Town staff. Any mayor wishing to present a key shall obtain the key from staff. So that the Town can track the supply of keys and determine when additional supply is required. Attachment A – Proclamation Form Attachment B – Eagle Court of Honor Questionnaire EXHIBIT 8 EXHIBIT 9 EXHIBIT 10 Expense Reimbursement Policy For the Town of Danville Findings WHEREAS, in carrying out the business of the Town of Danville, members of the Town Council, Town commissions and Town employees may from time to time incur expenses, including travel, lodging and meals; and WHEREAS, examples of where such expenses may be incurred include meetings with state and federal officials to discuss pending or proposed legislation; regional, state or national meetings of organizations addressing issues impacting the Town; conferences, educational seminars or other training opportunities which will benefit the Town; and, meetings to promote economic development, attract new business or other beneficial uses to the Town; and WHEREAS, state law and the Danville Municipal Code authorize reimbursement of actual and necessary expenses incurred by Town officers and employees as part of their official duties; and WHEREAS, Government Code Sections 53232.2 and 53233.3 require all local government agencies to adopt written reimbursement policies establishing standards and criteria for expense reimbursement; and WHEREAS, this policy complies with those requirements and provides guidance to the Town's elected and appointed officials and employees on the expenditure and reimbursement of Town resources. Town Officials and Employees Subject to Policy Government Code Section 53232.2 mandates that this policy applies to all members of the Danville Town Council. In order to ensure consistency and transparency in expense of Town funds, this policy shall also apply to all Town commissioners, employees and volunteers legally eligible for reimbursement of expenses. Thus, unless specified elsewhere, the term "official" as used in this policy refers to all elected and appointed officials and employees. 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. The following is a list of events and activities for which officials may expend Town funds or seek reimbursement: EXHIBIT 11 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, US 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; 6.Any other event or activity related to the official's duties and approved in advance by the Town Council at a public meeting. International and out-of-state travel for any event or activity, even those listed above, requires prior approval by the Town Council. Reimbursement Rates Government Code Section 53232.2 requires that each local agency specify "reasonable" reimbursement rates for travel, meals, lodging and other actual and necessary expenses. The Danville Town Council finds that the following rates are reasonable and are consistent with Section 53232.2. In the event that actual and necessary expenses are incurred by a Town official which exceed these guidelines, the official shall be responsible for the difference, unless approved by the Town Council in a public meeting before the expense is incurred. 1. Transportation The most economical mode and class of transportation reasonably consistent with scheduling needs must be used, using the most direct and time-efficient route. Airfare. All flights shall be booked in economy class or equivalent, unless it can be shown that due to additional fees or restrictions, something other than economy is the cheapest available. Automobile. Automobile mileage is reimbursed at Internal Revenue Service rates in effect at the time of travel (see www.irs.gov). The Town's Finance Department shall be responsible for determining the applicable rate at the time of travel. This amount does not include bridge and road tolls, which are also reimbursable at actual rates. The number of miles reimbursed will be calculated from either the Town offices or the officials residence, whichever is the lesser number of miles traveled on a workday and shall be verified by some verification from Google Maps or some similar online mapping application. Car Rental. Rental reimbursement shall be limited to economy model rates. Consistent with the Town’s Vehicle Use Policy, the official shall pay for the insurance policy offered with the rental. Parking. Parking expenses shall be reimbursed based on actual expenses incurred. Long-term airport parking must be used for travel exceeding 24-hours. Taxis/Shuttles/Rideshares. Taxis, shuttles or rideshares may be reimbursed, including a 20percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time-efficiency. Public Transportation. Actual expenses for public transportation (bus, subway, rail) shall be reimbursed. 2. Lodging Lodging expenses will be reimbursed or paid for when travel on official Town business reasonably requires an overnight stay. Conferences/Meetings. If lodging is in connection with a conference or organized educational activity, lodging expenses shall not exceed the group rate published by the conference or activity sponsor for the meeting in question. If the group rate is not available to the official, the official shall use comparable lodging and be reimbursed per GSA rates as explained below. Other Lodging. If lodging is not available in conjunction with a conference or is not associated with a conference, the official shall be reimbursed up to the rates permitted by the United States General Services Administration for the applicable location and month of travel. Those rates can be found at the following URL: https://www.gsa.gov/travel/plan-book/per-diem-rates 3.Meals Meal expenses and associated gratuities will be reimbursed at the United States General Services Administration per diem rates for the applicable location and month of travel. Those rates can be found at the following URL: https://www.gsa.gov/travel/plan-book/per-diem-rates. Officials may submit for reimbursement for individual meals or for the entire daily amount, regardless of how many meals the official actually had on that day. 4. Other Baggage handling fees of up to $1 per bag and gratuities of up to 20 percent will be reimbursed. Expenses for which Town officials receive reimbursement from another agency are not reimbursable. The following are examples of personal expenses that the Town will not reimburse, even if they are incurred by the official in conjunction with expenditures that are subject to reimbursement: 1.The personal portion of any trip; 2.Political or charitable contributions or events; 3.Family expenses, including family members expenses when accompanying a Town official on Town-related business; 4.Entertainment expenses, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf related expenses), or other cultural events; 5.Meals for any person other than the official; 6.Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline; 7.Personal losses incurred while on Town business; and 8.Alcohol Any questions regarding the propriety of a particular type of expense should be resolved by the approving authority before the expense is incurred. Expense Report Content And Submission Deadline All expense reimbursement requests must be submitted on an expense report form provided by the Town's Finance Department. This form shall include the following advisory: All expenses reported on this form must comply with the Town's policies relating to expenses and use of public resources. The information submitted on this form is a public record. Penalties for misusing public resources and violating the Town’s policies include loss of reimbursement privileges, restitution, civil and criminal penalties as well as additional income tax liability. While the expense report form may be modified from time to time, it shall include the requirement that the official identify the activity or event attended, the nature of the expenses and a reconciliation of any cash advances. Actual receipts documenting each expense shall be attached to the form. Officials must submit their expense reports within 30 days of an expense being incurred. Inability to provide such documentation within this time frame may result in the expense being borne by the official. Audits Of Expense Reports All expenses are subject to verification that they comply with this policy. Reports To Governing Board As required by Government Code Section 53232.3(d), each Council member or commissioner who attends a meeting or activity at Town expense shall briefly report on all such meetings at the next regular meeting of the Council or commission. Compliance With Laws Town officials should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disclosure under the Public Records Act. Violation Of This Policy Pursuant to Government Code Section 53232.4, use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the Town, 3) the agency's reporting the expenses as income to the elected official to state and federal tax authorities, 4) civil penalties of up to $1,000 per day and three times the value of the resources used, and 5) prosecution for misuse of public resources. RULES OF PROCEDURE AT PUBLIC MEETINGS As a general law city in the State of California, the Town Council follows the requirements of the Ralph M. Brown Act (“Brown Act”), the Public Records Act, and other State laws applicable to the conduct of public meetings. In addition, Government Code Section 36813 provides that city councils may establish local rules for conduct of their meetings, so long as those local rules do not conflict with state law. This set of policies and procedures represents the Danville Town Council’s local rules. It should be noted that these policies and procedures are consistent with state law as of July 1, 2026. In the event that any state laws are changed, creating a conflict with these policies and procedures, state law takes precedence. 1.TYPES OF MEETINGS OF THE TOWN COUNCIL All meetings of the Town Council are subject to public notice and agenda posting requirements specified in the Brown Act and State law. Brown Act meetings include Town Council’s regular meetings, study sessions, special meetings, emergency meetings and closed sessions. 1.1 REGULAR MEETINGS (a) Day and Time: Regular meetings of the Town Council are typically held on the first and third Tuesdays of each month at 5:00 p.m. The Town Council does not schedule regular meetings upon a day designated as a holiday or an election date in which election polls are open in Danville. The Town Council annually sets the dates for all regular meetings for the succeeding year by resolution. (b) Place: All regular meetings of the Town Council shall be held in the Town Meeting Hall at 201 Front Street, unless moved to an alternate location as provided for in Section 2-1.2 of the Danville Municipal Code. (c) Public: All meetings of the Town Council shall be open to the public; provided, however, the Town Council may hold closed sessions as provided by the Brown Act. EXHIBIT 12 TOWN COUNCIL RULES OF PROCEDURE 2026 UPDATE ADOPTED BY RESOLUTION ___, DATED ___ 2 1.2 STUDY SESSIONS Study sessions are designed for the Town Council to explore complex topics in an informal, conversational setting. The time is used to ask questions, listen to diverse perspectives, and begin shaping the understanding of an issue for the Town Council to decide how to move forward. While no formal action is taken at study sessions, the Town Council may determine, if there is a majority consensus, to ask for additional information to be presented at a subsequent study session or to place an item on an upcoming regular meeting agenda where a formal decision could be made. (a) Day and time: Regularly scheduled study sessions are typically held on the second Tuesday of each month at 8:30 a.m. In addition to these regularly scheduled sessions, the Town may schedule additional study sessions at different times and locations as appropriate to accommodate larger audiences or other unusual circumstances. Any such sessions will be publicly noticed as special meetings for purposes of the Brown Act. The Town Council shall annually set the dates for all regularly scheduled study sessions for the succeeding year by resolution. (b) Place: Study sessions are typically held at the Town Meeting Hall, 201 Front Street, Danville, unless moved to an alternate location as provided for in Section 2-1.2 of the Danville Municipal Code.. (c) Public: Study sessions are regularly scheduled meetings, open to the public, and agendas shall be posted as required by the Brown Act. 1.3 SPECIAL MEETINGS A special meeting may be called in accordance with the provisions of the Brown Act. A special meeting is any meeting that is not at the given time, date or location approved in the Town Council resolution setting the TOWN COUNCIL RULES OF PROCEDURE 2026 UPDATE ADOPTED BY RESOLUTION ___, DATED ___ 3 regular meeting schedule. Notice of a special meeting will be provided as required by the Brown Act. 1.4 EMERGENCY MEETINGS An emergency meeting may be held in accordance with the provisions of Government Code Section 54956.5, with only one hour's notice (or less, if necessary) during critical emergencies defined as a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the Town Council. 1.5 CLOSED SESSIONS Closed Sessions are held only under limited circumstances, as provided for by the Brown Act, such as litigation, real estate or personnel matters. Closed sessions are not open to the public. Public comment is invited on any closed session item, prior to the start of the meeting. The Town Council will report out of closed session regarding any action taken immediately following the closed session. 2. AGENDA PREPARATION AND REVIEW 2.1 PREPARATION OF THE MEETING AGENDA The Town Manager shall be responsible for approving the placement of all items on the agenda for all Council meetings. Items may be added to a future agenda by a majority of the Town Council at a duly noticed meeting. The City Clerk shall be responsible for ensuring that preparation of the agenda, description of agenda items, required public hearing notices, and posting of agenda and materials conforms to the requirements of the Brown Act. Persons who wish to receive copies of the regular meeting agenda by mail may do so by submitting a written request, to be renewed annually, to the City Clerk and paying a fee as established in the Town's Master Fee Schedule. TOWN COUNCIL RULES OF PROCEDURE 2026 UPDATE ADOPTED BY RESOLUTION ___, DATED ___ 4 In the event that materials related to any item on the agenda are received by the Town after the agenda is posted, the City Clerk shall make such items available to the Town Council and the public as required by Government Code Section 54957.5. As required by that statute, the place where such records may be viewed by the public shall be the Town website and the Town Offices at 500 La Gonda Way, Danville. 2.2 AGENDA REVIEW The Mayor and one Councilmember (rotating monthly) will attend the agenda review meeting typically held at 8:30 a.m. on the morning of a regular meeting of the Town Council. The City Clerk will schedule the meeting either in person or a two-way audiovisual platform. The purpose of this meeting is to review the agenda and meeting packet with the Town Manager, City Attorney, City Clerk and report authors. 2.3 AGENDA FORMAT AND ORDER OF BUSINESS The order of business before the Town Council for meetings shall adhere to the following format and order of items. However, the Presiding Officer may make changes to the order to accommodate speakers or members of the public as deemed appropriate. 1. Call to Order 2. Announcement of Remote Participation 3. Roll Call 4. Campaign Contribution Disclosures 5. Introductions 6. Pledge of Allegiance to the Flag 7. Changes to the Order of the Agenda 8. For the Good of the Town 9. Proclamations 10. Presentations 11. Consent Calendar 12. Communications 13. Public Hearings 14. Administrative Staff Reports 15. Informational Staff Reports TOWN COUNCIL RULES OF PROCEDURE 2026 UPDATE ADOPTED BY RESOLUTION ___, DATED ___ 5 16. Town Council Reports 17. Closed Sessions 18. Adjournment All sections will appear on each agenda. The word “None” will be listed when there are no items in a section. (a) For the Good of the Town is an opportunity for citizens to address the Town Council on matters not contained on the agenda. The Town Council will not take any action during this portion of the agenda. A majority of the Town Council may order that a matter raised under For the Good of the Town be placed on the agenda of a subsequent regular meeting or study session for consideration or action by the Town Council. (b) Consent calendar items are considered routine and are acted upon by the Town Council with a single action. Members of the audience wishing to provide public input may request that the Town Council remove the item from the Consent Calendar when called upon by the Presiding Officer. (c) Communications is an opportunity for staff or invited speakers to provide informational updates to the Town Council. (d) Administrative Staff Reports are those items that are presented to the Town Council for discussion and/or decision but do not legally require a noticed public hearing. (e) Public Hearings are held on matters required by law or ordinance or on items of significance and have a specified public noticing requirement. (f) Informational Staff Reports is an opportunity to present information and updates to the Town Council that do not require Town Council action. TOWN COUNCIL RULES OF PROCEDURE 2026 UPDATE ADOPTED BY RESOLUTION ___, DATED ___ 6 3. CONDUCT OF TOWN COUNCIL MEETINGS 3.1 TELECONFERENCE/REMOTE PARTICIPATION BY TOWN COUNCIL MEMBERS Remote participation by members is governed by the Brown Act, which provides two options for members of the Town Council to participate remotely. Depending on the basis for remote participation, there are different rules applicable to the member participating remotely. At the time of adoption of this policy, those options and rules are: (a) Disability requiring a reasonable accommodation (Government Code Section 54953(c)): Members with a disability may participate remotely as a reasonable accommodation subject to the following rules: (1) The member must participate with both audio and visual technology unless a physical condition results in the need to be off camera. (2) The member must disclose whether any individuals 18 or older are present in the room and the general nature of the relationship to those individuals. (3) This form of remote participation shall be treated as in-person attendance at the physical location of the meeting for all purposes, including the requirement that a quorum of the Council be at the same location. (b) “Just cause”(Government Code Section 54953.8.3): This section allows members to participate remotely for just cause, as defined below, subject to the following rules: (1) This provision may only be used by each member a maximum of five times per year. (2) Use of this provision requires that: the member must notify the Council at the earliest possible time of the need to participate remotely and a general description of the circumstances constituting just cause. (3) Members must participate with both audio and visual technology. TOWN COUNCIL RULES OF PROCEDURE 2026 UPDATE ADOPTED BY RESOLUTION ___, DATED ___ 7 (4) The member must disclose whether any individuals 18 or older are present in the room and the general nature of the relationship to those individuals. (5) A quorum of the Town Council must be physically present in the Town Meeting Hall. (6) “Just cause” is defined in detail in Government Code Section 54953.8.3(c), but includes childcare or caregiving, illness or medical emergency, travel out of town on official business of the Town or other government agency or military service. The Summary of Actions must include the names of members who participate remotely and the specific law that authorizes each member’s remote participation. The Presiding Officer can participate remotely, provided they identify their location on the agenda, allow public access to their meeting location, and use two- way audiovisual technology. Teleconferencing flexibility is expanded during state-declared emergencies to include local emergencies. 4. REMOTE PARTICIPATION BY MEMBERS OF THE PUBLIC Pursuant to Government Code Section 54953.4, all open and public meetings of the Town Council will provide an opportunity for all members of the public to attend and participate via a two-way audiovisual platform. All members of the public participating remotely will be provided the same opportunity to address the Town Council as members of the public attending in person. The details of how to participate remotely will be included on the Town’s website and on each meeting agenda. 5. POLICY REGARDING DISRUPTION OF INTERNET CONNECTION DURING A MEETING When a disruption occurs, the Presiding Officer must recess the meeting for at least one hour and make a good-faith effort to restore service before resuming. The TOWN COUNCIL RULES OF PROCEDURE 2026 UPDATE ADOPTED BY RESOLUTION ___, DATED ___ 8 Presiding Officer or designee has the authority to remove disruptive individuals from both in-person and teleconferenced meetings. Exhibit 1: Town Council Policy Statement – Technology Disruption of Remote Participation during a Public Meeting 6. THE PRESIDING OFFICER The Mayor shall preserve strict order and decorum at all public meetings of the Town Council. The Mayor may announce special rules for the consideration of a particular item on the agenda, such as, but not limited to: 6.1 the length of time persons may speak; 6.2 require that, if desirable, a spokesman address the Town Council on behalf of a group of persons; or 6.3 in the event of a hearing, provide time for arguments and rebuttals from proponents and opponents. 7. CALL TO ORDER The Mayor, or in the Mayor's absence, the Vice Mayor, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Town Council to order. In the absence of the Mayor or Vice Mayor, the City Clerk shall call the Town Council to order whereupon a temporary chairman shall be elected by the members of the Town Council present. Upon the arrival of the Mayor or Vice Mayor, the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the Town Council. 8. ATTENDANCE The City Clerk will track the attendance of all members of the Town Council. Members are to notify the City Clerk in advance of the meeting for all known absences, late arrivals or request to participate remotely to determine a quorum will be met and the meeting may be called to order. Before proceeding with the business of the Town Council, the City Clerk shall enter into the Summary of Actions the names of the members present, absent or TOWN COUNCIL RULES OF PROCEDURE 2026 UPDATE ADOPTED BY RESOLUTION ___, DATED ___ 9 excused, or the time of late arrival or early departure, when applicable and whether any member is participating remotely. 9. QUORUM A majority of the members of the Town Council shall constitute a quorum for the transaction of business. The Town Council may adjourn any regular, adjourned regular, special or adjourned special meeting in accordance with the provisions of the Brown Act. No new agenda items will be introduced after 8:30 p.m. unless the Town Council votes by a simple majority to do so. 10. SUMMARY OF ACTIONS Regular meetings of the Town Council shall be recorded by the City Clerk, who shall retain the records for five years following the meeting at which they were recorded. The audio and video recordings shall constitute a supplement to the City Clerk's written Summary of Actions. Any member may request, through the Presiding Officer, the privilege of having an abstract of their statement on any subject under consideration by the Town Council entered into the Summary of Actions. Any Councilmember shall have the right to have the reasons for their dissent from, or protest against, any action of the Town Council entered into the Summary of Actions. 11. RULES OF DEBATE The current version of Robert’s Rules of Order shall govern the Rules of Debate. 12. ADDRESSING THE COUNCIL The Town Council welcomes and encourages participation at Town Council meetings. The public may comment on any item listed on the agenda. For items not listed on the agenda, the public may address the Town Council during the section titled “For the Good of the Town.” For items that are listed on the agenda, the Presiding Officer will call for speakers after the staff report is presented and prior to Town Council discussion. TOWN COUNCIL RULES OF PROCEDURE 2026 UPDATE ADOPTED BY RESOLUTION ___, DATED ___ 10 Any person desiring to address the Town Council on an item appearing on the agenda must obtain recognition by the Presiding Officer. 12.1 Written Communications: Written communications shall be delivered to the City Clerk no later than 5:00 p.m., six (6) calendar days prior to a regularly scheduled meeting for which the written communication is intended in order to be included in the meeting packet when the agenda is posted. In the event that materials related to any item on the agenda are received by the Town after the agenda is posted, the City Clerk shall make them available to the Town Council and the public as supplemental material as required by Government Code Section 54957.5. As required by that statute, the place where such records may be viewed by the public shall be the Town Offices, 500 La Gonda Way, Danville CA. 12.2 Verbal Communications: Interested persons in the audience or their authorized representatives may address the Town Council by verbal communications on any matters over which the Town Council has control. Unless otherwise modified by the Presiding Officer, each speaker shall be limited to three minutes per item on which they address the Town Council. The Presiding Officer will invite public comment in the following order: (1) speakers attending the meeting in person; followed by (2) speakers attending the meeting remotely. Individuals may only address the Town Council one time during each agenda item. The City Clerk shall time all speakers per the time allotted, at the Presiding Officer’s discretion. Speakers who require translation are allotted twice the speaking time, unless simultaneous translation is provided, pursuant to Government Code Section 54954.3. 12.3 Handouts/Audiovisual Presentations: Members of the public may bring printed or audiovisual materials to present for the Council's consideration. Audiovisual or digital presentations by the public must be reviewed for agenda relevance and formatting in advance of the meeting. Any audio-visual presentation must be e-mailed to the City Clerk at least 24 hours prior to the Town Council TOWN COUNCIL RULES OF PROCEDURE 2026 UPDATE ADOPTED BY RESOLUTION ___, DATED ___ 11 meeting. Time spent setting up the presentation once the speaker is called shall count towards the speakers’ allotted time. For printed materials, it is requested that a minimum of eight copies be provided to the City Clerk for distribution to the Town Council. Any printed or audiovisual presentations shall become a part of the public record and shall be retained by the City Clerk. All Request to Speak forms, documents, correspondence, and emails submitted to the Town Council are a matter of public record. 13. ADDRESSING THE COUNCIL AFTER MOTION MADE After a motion is made by the Town Council, no person shall address the Town Council without first securing the permission of the Presiding Officer. 14. MANNER OF ADDRESSING THE COUNCIL Each person addressing the Town Council will be asked to complete a Request to Speak form and give his or her name and address for the record. However, identifying oneself, or submitting a form, is not be required to address the Town Council. All remarks shall be addressed to the Town Council as a body and not to any member thereof. No person, other than the Town Council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Town Council, without the permission of the Presiding Officer. No question shall be asked a Councilmember except through the Presiding Officer. No person may address the Town Council for more than three minutes unless the Presiding Officer allows more time. No person may yield the remainder of their allotted time to another person. 15. VOTING 15.1 The Presiding Officer shall state every question coming before the Town Council and call for the vote. TOWN COUNCIL RULES OF PROCEDURE 2026 UPDATE ADOPTED BY RESOLUTION ___, DATED ___ 12 15.2 Members of the Town Council shall vote by roll call vote as required by law for teleconferenced meetings. After conducting the roll call vote, the City Clerk shall announce the results of the vote. The City Clerk shall show on ordinances and resolutions the names of Councilmembers voting “Aye,” “No,” “Abstained,” or “Absent.” 15.3 The vote on any matter being considered by the Town Council may be delayed by the Presiding Officer until all members of the Town Council are present for a meeting. 15.4 A member of the Town Council who has a conflict of interest regarding any matter being considered by the Town Council shall declare the conflict and excuse himself or herself from participating in the Town Council's deliberations and decision regarding that matter as required by law. 16. ORDER AND DECORUM 16.1 By Councilmembers: While the Town Council is in session, the members must preserve order and decorum, and a member shall neither by conversation nor otherwise, delay or interrupt the proceedings or the peace of the Town Council nor disturb any member while speaking or refuse to obey the order of the Town Council or its Presiding Officer, except as otherwise herein provided. 16.2 By Other Persons: Enforcement of Order and Decorum. Members of the public attending meetings either in person or remotely may be removed from the meeting by the presiding officer if the person or persons are disrupting the meeting, as that phrase is defined in Government Code Section 54957.95(b). Removal may only occur after the person or persons has been warned pursuant to Government Code Section 54957.95(a). In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of the meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating TOWN COUNCIL RULES OF PROCEDURE 2026 UPDATE ADOPTED BY RESOLUTION ___, DATED ___ 13 in the disturbance, shall be allowed to attend any session held pursuant to this section. Government Code Section 54547.9. 17. ADJOURNMENT A motion to adjourn shall always be in order and decided without debate. Attachment: Exhibit 1 - Town Council Policy Statement – Technology Disruption of Remote Participation during a Public Meeting DRAFT EXHIBIT 1 TO RESOLUTION NO. ___-2026 TOWN COUNCIL POLICY STATEMENT Subject: Technology Disruption of Remote Participation During a Public Meeting Purpose: To comply with legislative amendments to the Ralph M. Brown Act (Brown Act) enacted by Senate Bill 707 (SB707), the Town Council is required to adopt a policy on or before July 1, 2026, that establishes procedures to be followed in the event of a disruption of two-way remote participation during a public meeting. Policy: In the event of a disruption of two-way remote participation during a public meeting at which remote participation is offered or required under the Brown Act, that prevents members of the public from remotely attending or observing the meeting, the Town Council shall recess for no less than one hour, during which time staff shall make good faith efforts to restore service. Procedure: 1. When the Presiding Officer or City Clerk becomes aware of a disruption of remote access by the public, the Presiding Officer or City Clerk shall immediately announce the disruption. 2. The Presiding Officer will then call for a recess of the open session, consistent with the Brown Act. 3. Staff shall begin efforts to diagnose and restore the disrupted service and enable remote access. 4. The meeting shall remain in recess for at least one hour, or until remote access is restored, whichever is sooner. 5. If remote access is restored, the Presiding Officer will reconvene the meeting and the meeting will continue as normal. TOWN COUNCIL POLICY DISRUPTION OF MEETINGS Page 2 6. If remote access is not restored, the Presiding Officer will reconvene the meeting and either: (a) Adjourn the meeting; or (b) resume the meeting after adopting, by roll-call vote, a formal finding affirming that reasonable efforts were made to resolve the disruption and that resuming the meeting serves the public interest more than further delaying the meeting to seek a resolution. 7. The City Clerk shall enter a brief statement into the Summary of Actions, including the following: (a) the nature and time of the disruptions (b) the restoration efforts undertaken (c) the time the meeting was reconvened or adjourned Amendments: This policy may be amended by the Town Council at a noticed public meeting in open session, not on the consent calendar, as required by SB707. Adopted (date)