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HomeMy WebLinkAboutRES 2005-55RESOLUTION NO. 2005- 5.5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING CITY COUNCIL "STANDARDS OF OPERATION AND CODE OF ETHICS" AMENDING SECTION C-9 OF THE "CITY OF DIAMOND BAR POLICIES AND PROCEDURES" (1996) AND RESCINDING DIAMOND BAR CITY COUNCIL RESOLUTION 04-54 WHEREAS, it is important to the successful operation of any public organization that standards be established to define the roles, responsibilities, and expectations of the governing board and staff in the operation of the organization; and WHEREAS, the establishment of standards and ethical guidelines by the City Council will promote understanding and trust among members of the City Council and City staff with regard to said roles, responsibilities and expectations for the operation of the City; and WHEREAS, Diamond Bar City Council Resolution 96-28 established such standards and guidelines in 1996 as Section C-9 of the City of Diamond Bar Policies and was in need of review and updating; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar adopts the revised "Standards of Operations and Code of Ethics" amending section C-9 of the City of Diamond Bar Policies and Procedures and directs the following: SECTION 1. Resolution No_ 04-54 is rescinded in its entirety. SECTION 2. The City Clerk shall update the City of Diamond Bar Policies and Procedures to incorporate the attached revision of Section C-9, the Standards of Operation and Code of Ethics. SECTION 3. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON OCTOBER 4, 2005. Wen Chang, Mayor 2005--55 I, Linda C. Lowry, City Cleric of the City of Diamond Bar, California do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 4i1 -a day of october , 2005, by the following vote: AYES: COUNCIL MEMBERS: Herrera, Tazakz;,,e Zarbes,, NOES: COUNCIL MEMBERS: 1Cg�l ABSENT: COUNCIL MEMBERS: i 0jj,- ABSTAINED: COUNCIL MEMBERS:�cae LINDA C. LOWRY, C ERIK CITY OF DIAMOND -BAR 2005--55 Number: Authority: Effective: Revised: CITY OF DIAMOND BAR POLICY AND PROCEDURE C-9 City Council resolution No. PURPOSE The purpose of this document is to define the roles, responsibilities and expectations of the City Council and City staff and to promote understanding of and trust in the operation of the City government. 2. OPERATION OF CITY COUNCIL MEETINGS A. The Council meets on the first and third Tuesdays of each month. The City Council meeting agenda will be prepared by the City Manager and distributed to the City Council not later than toe Friday prior to the applicable City Council meeting. Any member of the Council may include an item of business on an agenda with the consent of the Mayor. Meetings shall be conducted in accordance with the Ralph M. Brown Act (Government Code Sections 54950 et seq.) and procedural matters decided in accordance with Robert's Rules of Procedure to the extent applicable to meetings of local governments agencies. B. Under the item entitle "Approval of the consent, may change the o der in which the business listed on the printed agenda. This is business may be removed from the agenda requirements of the Brown Act. Agenda," the Mayor, with Council Council will address the items of also the time during which items of or added in accordance with the C. Public Comments on matters of business listed on the consent calendar and on matters within the subject matter jurisdiction of the Council, but not on the agenda, are scheduled immediately following the Flag Salute, Roll Call and Special Presentations, Certificates, Pioclamations. A member of the public may utilize this time to request that an item b6 added to a subsequent meeting agenda. 2205. 55 k IN CITY PURPOSE The purpose of this document is to define the roles, responsibilities and expectations of the City Council and City staff and to promote understanding of and trust in the operation of the City government. 2. OPERATION OF CITY COUNCIL MEETINGS A. The Council meets on the first and third Tuesdays of each month. The City Council meeting agenda will be prepared by the City Manager and distributed to the City Council not later than toe Friday prior to the applicable City Council meeting. Any member of the Council may include an item of business on an agenda with the consent of the Mayor. Meetings shall be conducted in accordance with the Ralph M. Brown Act (Government Code Sections 54950 et seq.) and procedural matters decided in accordance with Robert's Rules of Procedure to the extent applicable to meetings of local governments agencies. B. Under the item entitle "Approval of the consent, may change the o der in which the business listed on the printed agenda. This is business may be removed from the agenda requirements of the Brown Act. Agenda," the Mayor, with Council Council will address the items of also the time during which items of or added in accordance with the C. Public Comments on matters of business listed on the consent calendar and on matters within the subject matter jurisdiction of the Council, but not on the agenda, are scheduled immediately following the Flag Salute, Roll Call and Special Presentations, Certificates, Pioclamations. A member of the public may utilize this time to request that an item b6 added to a subsequent meeting agenda. 2205. 55 In order to ensure that all members of the public have an opportunity to speak pertaining to issues that are not on the meeting agenda and that the Council is able to complete the public's business, there shall be a five-minute limitation on comments by the public. The Mayor will be responsible for enforcing the time limit and shall do so uniformly. Upon request of a speaker, the Mayor may, with the concurrence of the Council, extend the time limit if the nature of the issue warrants an extension of time. The Mayor may, likewise, with the concurrence of the Council, shorten the five- minute time limitation for all speakers if warranted by the number of speakers or the press of business. No action is to be taken on ,items raised under Public Comments. Immediately following Public Comments, the Mayor may direct staff to respond or allow other Council members to respond to a matter raised by the public. D. Public hearings shall be opened by the Mayor. The Council shall first hear the staff report and individual members may ask questions of staff. Then, the Mayor shall ask for a presentation by the applicant, which shall be of such duration as determined appropriate by they Mayor based on the complexity of the matter. If the matter is an appeal filed by someone other than the applicant, the appellant shall present first, followed by the a plicant. Then, the Mayor shall ask for comments from the public, which shall be limi ecl to five minutes per speaker. If the members of a large organized group of people wish to cede their individual time to a spokesperson, the Mayor may allocate additional time to the spokesperson. The applicant/appellant shall be accorded an opportunity for a brief rebuttal. After public comment, the City Councils all deliberate and take action. No comments or deliberation shall be allowed once a final action has been taken. E. In accordance with State law, the Councim. Yay by majority vote waive full reading of any ordinance and introduce and adopt it by title �nl F. During Councilmember Comments and Subcommittee Reports, Council members may make a brief report of their activities or the activities of subcommittees of which they are a member. Council members may also use this opportunity to request an iter6 of business be included on an upcoming Council agenda. The item will only be I included ^+hie if a majority of then Council consents to place the item on a future agenda. A Council decision on legislative or policy matters shall only be reconsidered at the request f a Council member after a 6 -month "cooling off" period, unless a majority of theCity Council affirmatively agrees otherwise. Final decisions of quasi-judicial matters are not subject to reconsideration. G. If the Council desires to proceed past 11:00 p.m., the Council, at 10:45 p.m., will determine which issues will,be completed at that meeting and which items will be continued to an adjourned meeting or to the next regular meeting. 3. GENERAL STANDARDS GOVERNING 61TY COUNCIL MEETINGS G 05-•55 A. Any written correspondence or other materials received at a City Council meeting (from the public or staff) will be documented by the City Clerk with a receipt time and date and made available for public review immediately upon distribution to the Council. B. The City Council may, in its discretion, prioritize and agendize items of business suggested by the public. C. City Council meeting minutes shall be prepared in a modified action -taken format, rather than a transcript format. All City Council meetings shall be audio - taped and video-taped in their entirety. City Council meeting tapes and Planning Commission meeting audio- apes shall be retained for two years from the date of the meeting. All other Com ission and Committee meeting audio -tapes shall be retained until the approved minutes of a meeting have been reported to the City Council. D. City Council member conduct during meetings: i. The Council Member makng a motion shall either restate the motion or have the City Clerk restate the mot on, before the vote, to clarify the motion for the public and staff. ii. Council Members shall avoid getting into debates or dialogue with a member of the public. Council Members shall also avoid getting into debates with staff. iii. Any concerns by a Counl it Member over the performance of a City employee during a Council meeting should be privately directed to the City Manager to ensure the concern is properly addressed. iv. Respect for each individual Council Members' interpersonal style will be a standard of operation. Courtesy and sensitivity to individual points of view will be a standard of operation. Council members will refrain from personal attacks on each other. V. Items of business voted on during a meeting should generally not be revisited during Council Comments or anytime later in a Council meeting. No comments shall be made on public hearing items involving quasi-judicial matters after final action has been taken. vi. The Mayor may with the pproval of the City Council during a Council meeting create a Task Force or orking Group to research, create and/or oversee new programs or projects. vii. Council Members have a duty to vote in the affirmative or in the negative on all motions, unless precluded Iby law from participation. 4005r 55 E. The City Attorney shall act as Parliamentarian. The speaker having the floor may at any time request of the Parliamentarian the rules of order, or procedures to be followed. The Chair may at any time interrupt the proceeding to request a ruling from the Parliamentarian. 4. CITY COMMISSIONS A. Individual Council Members may attend Commission meetings as members of the public, but are cautioned about becoming involved in the meeting's discussions and/or violating the Brown Act. B. Significant Commission recommendations and/or actions will be reported in writing to the City Council on its regular meeting agendas. ) C. New ideas or suggestd programs formulated by a Commission will not be final until approved by the ity Council. 5. COUNCIL MEMBER PRESENTATIONS AT OTHER AGENCIES AND GROUPS If a member of the City Council represents the City before another governmental agency or organization, the Council Member will first indicate the majority position of the Council. Personal opinions and comments may be expressed only if the Council Member clarifies that these statements do not represent the position of the City Council. 6. CITY COUNCIL RELATIONSHIPS WITH CITY STAFF A. Council Members and st f will treat each other with respect during Council meetings. When expressing cri icism, Council Members will endeavor to criticize work product rather than making pers nal attacks on staff members. B. In public session, City st ff members will address Council members, utilizing Mayor, Councilman, Councilwoman, or Council Member. Council Members will address all staff members utilizing Mr., Mrs., or Ms. rather than the person's first name. C. City staff acknowledges thatlthe Council is the City's policymaking body. The City Council acknowledges that staff administers the Council's policies. D. The Council, as the overall policy-making body, holds the City Manager responsible for the administration of the City Departments. The overall internal administration by the City Ma ager is necessary in order to assure efficient and economic operations of the various departments in accordance with Council direction. E. The Council acting as a body will direct the City Manager on all major or new issues. A Council Member will not initiate any action or have prepared any report that 2005--55 7. is significant in nature or initiate any project or study without the approval of the City Council. F. All written information material requested by individual Council Members will be submitted by staff to all Council Members with the notation indicating which Council Member requested the information. G. Council will not attempt to coerce or influence staff in the making of appointments, the awarding of contracts, the selection of consultants, the processing of development applications, or the granting of;City licenses or permits. H. Mail addressed to the May of the City Manager to the Cit Mayor and City Manager or i The Mayor's response, when submitted to Council Membe Council Members will be givE respond personally to the mai and/or situation is/are appropri r and City Council will be circulated by the Department Council along with either a response approved by the formation about how the response is being handled. appropriate, and the original communication, will be > for their information. Mail addressed to individual i directly to the respective member. Members may or may request a response from City staff if the issue I. Team sensitivity and support is important. Once a final decision is reached, it will be accepted, supported and implemented by staff as well as the full City Council. INDIVIDUAL COUNCIL MEMBER ETHICS AND RESPONSIBILITIES A. City Council Members will keep all written and oral information provided on matters that are confidential under State law in strict confidence to insure that the City's position is not compromised. No diss mination of information or materials will be made to anyone, except Council Member, City Attorney, City Manager or Deputy City Manager. B. If the City Council, in cl sed session, has provided direction to City staff on proposed terms and conditions for any type of negotiations, whether it be related to property acquisition or disposal, a proposed or pending claim(s) or litigation, and/or employee negotiations, all contact with the other party will be through the designated City person(s) representing the City in the handling of the negotiations or litigation. A Council Member will not have any contact or discussion with the other party or its representative involved with thel negotiation during this time and will not communicate any discussion conducted in closed sessions without prior approval of the City Council. C. Frequent communication is,an important and integral part of Council relationships and will be the standard of operation. D. Council approach to authority is collaborative rather than individual E. Council Members will keep an open mind on all issues. 2005--55 F. Council Members, on matters pertaining to upcoming or anticipated quasi-judicial items as to which a public hearing will be held, will maintain as near neutral position as possible to assure not only the appearance but the actual degree of impartiality that is attendant to our community responsibility. 8. USE OF CITY MEDIA A. "City Media" means official City stationery and all other documents to which the City logo or insignia is officially or unofficially affixed; the use of City -owned equipment for the electronic transmission of information; and any other instrumentality or medium of communication which appears to be an official communication of the City. "City Media" shall not include business cards, or individualized City Council stationery. The use of City -owned equipment for the lectronic transmission of information is regulated by separate City of Diamond Bar Po icy and Procedure A-2, "Computer Use Policy." B. City Media shall be used by City Council Members solely to communicate an official City polity, position or response to an inquiry. City Media shall not be used to advocate for or against a candidate for political office. C. Individualized City Council st Itionery may be used for any purpose germane to the performance of City Council duties or a Council Member's status as a public official. It shall not be used to solicit votes, endorsements or funds in connection with a political campaign for re-e,ection to the City Council. City business cards may be used for identification purposes. D. Any use of City Media by city', elected and appointed officials outside proscriptions of Paragraph iii above is strictly prohibited, and subjects the user to any or all of the following: a. Censure. b. Removal from City Council committee assignments. C. Suspension of City sponsored attendance at conferences, meetings, workshops, seminars and similar gatherings. d. Discontinuance of City credit card use. e. Discontinuance of use of City equipment including but not limited to, automobiles, computers and software and copying machines. f. Any other sanction or removal of privileges deemed appropriate by the City Council.