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HomeMy WebLinkAboutSupport DocumentsCITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 11, 2013 AGENDA ITEM NO. 1 ITEM TITLE: City Council Review and Approval of Proposed Updates to the City Council Policy Manual (Chapter 100 Policies) PREPARED I3Y: Leslie Deese & Claudia Silva DEPARTMENT: City Manager and City Attorney PHONE: 619-336-4240 / 619-336-4220 APPROVED BY EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: iSUIN ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: STAFF RECOMMENDATION: Finance Review proposed policy revisions. After Council review and preliminary approval, supporting Resolution(s) will be brought forward to Council at a subsequent Council meeting for final adoption. BOARD I COMMISSION RECOMMENDATION: N/A 1. Staff Report on Policy Establishing Regular Meetings between MayorlVice Mayor 2. Summary of proposed changes 3. Final version of the proposed changes (watermarked "DRAFT") 4, "Strike out' version of each policy 5. Original/current version of each policy (watermarked "ORIGINAL') Background: The City Council Policy Manual is comprised of 52 policy sections covering ten areas: Chapter 100— Administration and Policy Management Chapter 200- Financial Services Chapter 300— Legal and Legislative Services Chapter 400 — Municipal Planning and Development Chapter 500 — Public Works Chapter 600 — Personnel Services Chapter 700 —Traffic and Public Safety Chapter 800— Public Service Facilities Chapter 900— Real Estate and Public Property Chapter 1000 — Risk Management The Policy Manual is a comprehensive document that has 52 policies that vary in complexity and length. Some policies are one page and as simple as calling a special meeting. Others, such as the City Council's policy on Investments, are quite lengthy and technical. In the past, the City Council has addressed various policies on an as -needed basis. Discussion: Per Policy 101, the City Council Policy Manual should be reviewed on an annual basis, and updated as necessary. In an effort to bring the policies up to date, the entire manual is being reviewd, one chapter at a time, with proposed changes presented for Council review and approval. On April 2, 2013 at its regular meeting, the City Council considered the item and requested a workshop be scheduled to review the proposed Chapter 100 policy revisions. On April 16, the City Council scheduled the workshop for June 11. The information before you includes revisions for Chapter 100 policies regarding "Administration and Policy Management". In addition, a staff report responding to Council's request for a policy establishing meetings between the Mayor and Vice Mayor is attached for Council's review and direction. Subsequent chapters, and any new policies, will be brought forward to future Council meetings. To assist with the review of proposed changes, attached are the following documents: • A brief summary of changes proposed for each policy • The final version of the proposed changes (watermarked "DRAFT") • The "strike out" version of each policy • The original/current version of each policy (watermarked "ORIGINAL") Also attached, per Council's request, is a set of "Counci! Policy Review Forms" that may be used to help facilitate Council's thoughts/questions on each policy that Council may be articulating at the workshop. After Council's review and preliminary approval, supporting Resolution(s) will be brought forward to Council at a subsequent meeting for final adoption. Once all the chapters have been adopted, the Policy Manual will be posted to the City's website. Staff Report Subject: Policy Establishing Regular Meetings between Mayor and Vice -mayor Background The City Council previously inquired as to whether a policy could be adopted that established regular meetings between the Mayor and Vice -mayor to discuss City matters. The short answer to that question is: Yes, such a policy could be adopted, and the meetings could occur as long as the meetings are held in compliance with the Brown Act. Discussion The Brown Act applies to legislative bodies. Generally, meetings of the legislative body are open to the public, require an agenda posted 72 hours prior to the meeting, and prohibit closed door meetings except in very limited situations.The definition of a legislative body includes "standing committees of a legislative body, r especuve of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter." Government Code section 54952(b). This provision is an exception to the general rule that "advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies." Id. In this instance, the Council has inquired about adopting a policy that would establish regular meetings between the Mayor and Vice -mayor to discuss matters related to the City. The City Council could adopt such a policy. If so adopted, the policy would establish a "legislative body" under the Brown Act, subject to the open meeting laws including noticing and agenda requirements. Such a policy, adopted by formal action, would create a committee of the Mayor and Vice -mayor. This would be a standing committee subject to the Brown Act. Thus, the Mayor and Vice -mayor could regularly meet and discuss city matters that were placed onto an agenda, posted 72 hours prior, and open to the public. Conclusion The City Council can direct staff to return with a proposed policy establishing the standing committee of the Mayor and Vice -mayor to regularly meet.lf so directed, staff would return with a draft policy at a future date for consideration. Summary of Recommended Changes to City Council Policy Manual Chapter 109 Policy #101: City Council Policy Manual • Changed Title from "Annual Policy Review" to "City Council Policy Manual" • Added 'Background' section • Elaborated on various areas of policy Policy #102: City Council Meeting Times • Added location/time for regular meetings • Added details regarding holidays • Added statement regarding Brown Act compliance • Incorporated language from Policy #103 "Special Council Meetings" Policy #103: Special Council Meetings • Deleted Policy and merged with Policy #102 Policy #104: Conduct of City Council Meetings • Added reference to `Brown Act' • Switched from `Robert's Rules of Order' to 'Rosenberg's Rules of Order' based on City Clerk's recommendation • Updated `Related Policy References' Policy #105: Off Agenda Items • Added information regarding Brown Act compliance • Defined criteria for adding off -agenda and urgency items • Added language regarding future agenda items, non -agenda public comments, and `request -to - speak' forms Policy #106: Preparation of City Council Meeting Minutes • Change Title from "Preparation of Council Minutes" to "Preparation of City Council Meeting Minutes" • Delete "tape recordings" and add `video recordings" • Include subsidiary functions besides just City Council • Add timeline for posting minutes and videos • Add length of time videos and minutes will be maintained on website Policy #107: Appointments to Boards and Commissions • Added list of Boards, Commissions and Committees to which this policy applies, to Section called "Purpose" • Added section regarding unscheduled vacancies Page 1 of 3 • Added section regarding preparing the appointments list • Addressed applicant presentations • Amended lists of Mayor and City Council appointing authority • Added related references Policy #108: City Manager as Chief Administrative Officer • Added Background section • Reference Municipal Code Section 2.01.030 re: CM authority • Clarify language regarding Council direction to employees Policy #109: Travel and Training Reimbursement • Added language about `Purchasing Review Committee' and approvals • Added language about following existing Purchasing procedures • Added Policy References • Deleted forms, and referenced availability from Finance • Elaborated on procedures for trouble with city -owned vehicles • Require receipts for all items to be reimbursed • Deleted majority of language regarding Credit Cards and referred to Admin Policy 3.14 instead • Deleted language allowing reimbursement at IRS rates without meal receipts • Policy now requires receipts for reimbursement Policy #110: Display of Flags • Identify `permanent' vs. `ceremonial' flags • Delete reference to Military Affairs Advisory Committee • Add California and United States Flag Code to "Related Policy References" Policy #111: Utilization of City Vehicles in Non -Safety Related Capacities • Changed Non -Work Related' to `Non -Safety Related' (in title and text) since staff is occasionally working (on duty/paid status) when performing these duties • City Manager to approve use requests, and provide updates to Council • Deleted administrative details in the Council Policy. A new Administrative Policy will be drafted instead. Policy #112: Document Reproduction • Delete Policy: Replace with new policy regarding Public Records Act/Protocol Policy #113: Unauthorized Disclosure of Information Revealed in Closed Sessions • Revised section on `Related Policy References' • Added #4 under Policy re: Government Code 54963 Revised legal brief dated 2/29/96 from former City Attorney, due to changes in GC 54963 Page 2 of 3 Policy #114: Grant Activities • Reference Grant Coordinator • Change name of form: from "Request to Apply tor Federal, State, and Local Government Grants or Private Funds" to "Grant Application" form. • City Manager can delegate Council updates, and Letters of Authorization" to a designee • Grants that require matching funds from the City in an amount which exceeds the City Manager's signature authority will require Council approval prior to acceptance of the grant. • Updated `Related Policy References' section Policy #115: Donation of Surplus City Property and Police Department Unclaimed Property • Deleted 5/6/03 report from former Purchasing Agent, and incorporated applicable information into the actual policy • Expanded policy to include donations to Sister -Cities and other municipal agencies • Removed `Request for Donation' form, and referenced availability instead • Expanded policy to address issues of liability reduction and gift of public funds • Included `Procedures' • Expanded `Related Policy References' to include Municipal Code sections Polley #116: Procedure for Disclosure of Ex Parte Contacts • Expanded definition of `information' received, to include: oral, written or otherwise Policy #117: Distribution and Reporting of Tickets and Passes Distributer to, at or the behest of a City Official • Changed Title • Added `Background' section • Added reference to Successor Agency to the Community Development Commission • Re -numbered sections Page 3 of 3 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: City Council Policy Manual POLICY #101 ADOPTED: July 14,1987 AMENDED: Background: The City Council of the City of National City is charged with the responsibility of establishing municipal policies to guide the various functions -,of the City and, where necessary, to establish procedures by which functions are Performed. Regulatory policies established by the City Council are usually adopted by ordinance and included in the Municipal Code, which establish the local laws. Other policies; :however are also established, which by their nature, do not regl1 re adoption by ordinance; These policy statements adopted by resolution of the City CoUnCti. need to be consolidated in a reference document for easy access. Purpose It is the purpose of this policy to establish procedures for the preparation, distribution and maintenance of Council policies and the "City Council Policy Manual." Policy 1. To establish a "Ci _ onoPolicy Manual" which shall contain all City policy status .adopted fiyiresolutionoVitre City Council. 2. Generally, policy state rents in this "City Council Policy Manual" will include only such municipal matters for :which the responsibility of decision is placed in the City Council by virtue of the MuiliCipal Code, or specific ordinances and resolutions. 3. All policy statements of the City Council shall be prepared in writing and approved by resolution. Once approved, policy statements will be reproduced, distributed and included in the' `City Council Policy Manual" accompanied by the resolution number anike of adoption. 4. Each policy adopted as part of the City Council Policy shall be adhered to by City departments as expressions of the City Council's policy. Only the City Council can waive the applicability of an adopted policy. 5. Each policy statement shall include: (a) a brief background description of the policy; (b) the purpose of the policy; (c) the policy statements; (d) other criteria or procedural sections as required; and (e) cross refience notations as to appropriate provisions in the Municipal Code, Administrative Regulations, etc. 6. The City Manager shall be responsible for the preparation, continuing maintenance, and distribution of the "City Council Policy Manual" and additions or deletions thereto. Page 1 of 2 TITLE: City Council Policy Manual POLICY #101 ADOPTED: July 14, 1987 AMENDED: 7. Each October, the City Council and City Manager shall review the "City Council Policy Manual" for any needed additions, deletions or changes deemed appropriate at the time. Nothing in this policy shall prevent any individual member of the Council, the City Manager, or the City Attorney from bringing to the Councils' attention any suggestions for manual revisions at other times during the year. Related Policy References None Prior Policy Amendments None Page 2 of 2 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: City Council Policy Manual, POLICY #101 ADOPTED: JULY 14,1987 AMENDED: Background: The City Council of the City of National City is charged with the responsibility of establishing municipal policies to guide the various functions of the City and, where necessary, to establish procedures by which functions are performed. Regulatory nnlinine ne4ah1Ich 7 by fhn f ity r`eameil o..e ,.cn.ally orin.��n.i by ,.,.d a-ee ....i Nvuvavv waw..uvuw vT aua. .u_T ,iwaa a•aa wa a. a.naawaaT w,av4•av,a by va uauwLa. uuu included in the Municipal Code; which establish the local laws. Other policies, however are also established, which by their nature, do not require adoption by ordinance. These policy statements adopted by resolution of the City Council need to be consolidated in a reference document for easy access. Purpose It is the purpose of this policy to establish procedures for the preparation, distribution and maintenance of Council policies and the "City Council Policy Manual." Policy 1. To establish a "City Council Policy Manual" which shall contain all City policy statements adopted by resolution of the City Council. 2. Generally, policy statements in this "City Council Policy Manual" will include only such municipal matters for which the responsibility of decision is placed in the City Council by virtue of the Municipal Code, or specific ordinances and resolutions. 3. All policy statements of the City Council shall be prepared in writing and approved by resolution. Once approved, policy statements will be reproduced, distributed and included in the "City Council Policy Manual" accompanied by the resolution number and date of adoption. 4. Each policy adopted as part of the City Council Policy shall be adhered to by City departments as expressions of the City Council's policy_ Only the City Council can waive the auplicalbility of an adopted policy. 5. Each policy statement shall include: (a) a brief background description of the policy: (b) the purpose of the policy; (c) the policy statements; (d) other criteria or procedural sections as required; and (e) cross reference notations as to appropriate provisions in the Municipal Code, Administrative Regulations, etc. 6. The City Manager shall be responsible for the preparation, continuing maintenance, and distribution of the "City Council Policy Manual" and additions or deletions thereto. 7. Each October, the City Council and City Manager shall review the "City Council Policy Manual" for any needed additions, deletions or changes deemed appropriate Pago I of I Deleted: ANNUAL POLICY REVIEW I Delete* WISED Deleted: To establish guidelioes for moual review of the Council Policy Manual. at the time. Nothing in this policy shall prevent any individual member of the Council, the City Manager, or the City Attorney from bringing to the Councils' attention any suggestions for manual revisions atother times during the year, Related Policy References None Prior Policy Amendments None Page 1 of 1 Deleted: In October of each year, the City Council and City Manager shall review the Council Policy Manual for any needed additions, deletions or changes deemed appropriate at the time. Nothing in this policy shall prevent any individual member of the Council, the City Manager, or the City Attorney from bringing to the Councils' attention any suggestions for manual revisions at other times during the year.+ 9 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: ANNUAL POLICY REVIEW POLICY #101 ADOPTED: JULY 14, 1987 AMENDED/REVISED: Purpose To establish guidelines for annual review of the Council Policy Manual_ Policy In October of each year, the City Council and City Manager shall rew the Council Policy Manual for any needed additions, deletions or changer deemed appropriate at the time. Nothing in this policy shall prevent any individual memberf the Council, the City Manager, or the City Attorney from bringing to the Councils' nt!ibii-ur# suggestions for manual revisions at other times during the year. Related Policy References None Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: City Council Meeting Times POLICY #102 ADOPTED: April 7,1981 AMENDED: Purpose set forth h a i how meetings may scheduled To tit ut the regular meeting oLua.uuii, and urwy be for and by the City Council. }' Policy A. Regular meetings. The City Council shall hold' regular meetings on the first and third Tuesday of each month. The meets shall be held in the Council Chambers of City Hall, 1243 National City Bo ilevard in the .`ity of National City. The regular meeting shall begin at 6:00 p.m.,`-or'as:;Otherwise scheduled due to the demand of business or for Closed Session. 1. Location of meetings. The `t Council may lid c :aregular meeting, special meeting, or adjourned regular or Special meeting at`another location within the City, or locations outside thejurisdiction of the City, provided appropriate notice is given,ptnsuant to and the -location of the meeting is consistent with the Ralph M. Brown Act <"Brown Act"). 2. Holidays or-eetions. In the event that the regular meeting of the City Council falls on a legit" hha _Vran:-elect n day on which a National City candidate • of bluttpnal City Itillisure aPPetaxs,on the ballot, no meeting will be held on such day. AnyTegular meeting may be dispensed with by a majority vote of the City Council.':;;': AZlAvilar, special and adjourned meetings of the City Council shall be called, noticed and conduc ed in compliance with the Brown Act. B. Related Policy References National City Municipal Code, Section 2.04.010 Prior Policy Amendments July 17, 2001 Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: CITY COUNCIL MEETING TIMES POLICY #102 ADOPTED: APRIL 7,1981 AMENDED;. Purpose 1 To set forth the regular meeting schedule and how meetings may be scheduled for and by the City Council. Policy A. Regular meetings. The city council ,shall hold regular meetings on the first ands third Tuesday of each month. The meetings shall be held in the Council Chambers of City Hall, 1243 National City Boulevard in the City of National City. The regular meeting shall begin at 6:00 p.m., or as otherwise scheduled due to the demand of business or for Closed Session. 1. Location of meetings. The City Council may hold a regular meeting, special meeting, or adjourned regular or special meeting at another location within the City, or locations outside the jurisdiction of the City, provided appropriate notice is givenpursuant tq,and the location of the meeting is consistent witlAthe Ralph M. Brown Act ("Brown Act"). 2. 1-Iolidays or elections. In the event that the regular meeting of the City Council falls on a legal holiday, or an election day on which a National City candidate or National City measure appears on the ballot, no meeting will be held on such day. Any regular meeting may be dispensed with by a majority vote of the City Council. B. ,Mott rif ulut_ special dud :tditium d tuectinvs the City L(}unit! .0181l be r$11n'ni iI�llli:td it l efindUt:lcd in ei iyi 6Timic-c with ibi Brown A! t. Related Policy References National City Municipal Code, Section 2.04.010 Prior Policy Amendments July 17, 2001 Page 1ofI I Delete& /REVISED: 7177/01 I] Deleted: The National City City C oil and certain Boards, Coaunisse01115 and Corm -Maces are required to comply with the Ralph M. Brown Act (Brown Act). The Brown Act requres public entities to deliberate and take action, in open session. The City Council has adopted this policy to insure compliance with the Brawn Act and to promote fill citizenparticipation in the discussions '. and decisions of their elected and ut rp ornted representatives. Deleted: To establish a standard roeeting schedule for City Council Formatted Buffets and Numbering IL Deleted: ofibe ID-eleted: of the City of Nati:nal City j fDeIeted: , De Deleted: Boards, Commissions acid Committees crested by a formal action of the City Council and which have continuing sobject natter j.tuisdiction Deleted; be held in the Civic Center (Council Chambers on second floor) on the first and third Tuesday of each month at 6:00 p.m Deleted: In the event that the regular meeting of the City Council falls on a holiday, or ate election day on which a National City candidate or National City measure appears onthe ballot, so meeting will be held that week. Any regoir meeting may be dispensed with by the vote of the City Council (Majority vote? Two-ahirds?).1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: CITY COUNCIL MEETING TIMES POLICY #102 ADOPTED: APRIL 7, 1981 AMENDED/REVISED: July 17, 2001 Purpose To establish a standard meeting schedule for City Council meetings. Policy Regular meetings of the City Council of the City of National City shall held in the Civic Center on the first and third Tuesday of each month at 6:00 itfr.tel In the event that the regular meeting of the City Council falls .Q11 4. 11°1101, or an election day on which a National City candidate or National City measuic‘appeari on the ballot, no meeting will be held that week. Any regular meeting maYbe dispensed with by the vote of the City Co-uncil. • • • Related Policy References National City Municipal Code, Section 2.04.010 Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY i LE: Special Council Meetings POLICY #103 ADOPTED: January 6,1987 AMENDED: Purpose To a ttablich aµ policy for calling an setting flee Speci41 City �. ..J v.aaaaab .uaaa uvaa.ua� uav �rvvaua. ar � ."i of the �JJ Council so that all Council members are, to the extent pose, given maximum opportunity to attend and to vote on key issues that are the subee of special me'ngs. Policy City Council members shall be personally contacted and. given a choice b f three potential Special Meeting times so that a mutually satisfactory time canbe arranged:by the Council Secretary for ti—1 uaaava Related Policy References None Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL, CITY TITLE: Special Council Meetings POLICY #103 ADOPTED: January 6,1987 AMENDED/REVISED: ED/REVISED: Purpose To establish a policy for calling and setting the time for Special Meetings of the City Council so that all Council members are, to the extent possibK ;given the maximum opportunity to attend and to vote on key issues that are the subject of xial meetin's. Policy City Council members shall be personally contacted and given° a ce of tree potential Special Meeting times so that a mutually satisfactory time can arranged by the Council Secretary Related Policy References None Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Conduct of City Council Meetings POLICY #104 ADOPTED: December 13,1983 AMENDED: Purpose To establish rules of conduct for meetings of the City Council which facilitate orderly proceedings and comply with applicable state law. Policy All meetings of the City Council will be conducted under senber 's Rules of Order. In addition, such meetings will be governed by the Ralph M. Brown Act and other applicable state laws. Any question about proper procedure will be immediately re to the City Attorney parliamentarian. "s as Related Policy References National City Municipal Code, Chapter Ralph M. Brown Act Rosenberg's Rules of Order (available via ie Ci Prior Policy Amenents None Page 1 of 1 website) CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Conduct of City Council Meetings POLICY #104 ADOPTED: December 13, 1983 AMENDED.: Purpose To establish rules of conduct for meetings of the City Council which facilitate orderly proceedings and comply with applicable state law. „-- I Deleted: TELEVISED Policy I All meetings of the City Council, ,willbe_conducted under RosenbeifsIcules of Order. In _ - ;meted% including pn,ci,' unix addition, such meetings will be governed by the Ralph M. Brown Act and other applicable rDnding state laws. Any question about proper procedure will be immediately referred to the City .1Deletell: bells Attorneas parliamentarian.. .--fDelelledt far determination Related Policy References National City Municipal Code, Chapter 2.04 Ralph M. Brown Act Rosenberg's Rules of Order (available via the City's website) Prior Policy Amendments .--cForrnattecit Font Bold, Underline —1 None Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Conduct of City Council Meetings POLICY #104 ADOPTED: December 13, 1983 AMENDED/REVISED: Purpose To establish rules of conduct for meetings of the City Council which facilitate orderly proceedings and comply with applicable state law. Policy All meetings of the City Council, including pre -Council Briefing Seskipns, will be conducted under Roberts Rules of Order. In addition, such metints will be governed by the Ralph M. Brown Act and other applicable state laws. *.y.-quei4on about proper procedure will be immediately referred to the City AtiOrney for determinatiOn. Related Policy References National City Municipal Code, Chapter 2* * sVf Page 1 of 1 Rosenberg's Rules of Order REVISED 2011 Simple Rules of Parliamentary Procedure for the 2zst Century By Judge Dave Rosenberg LEci:t ORMA CITIES MISSION AND CORE BELIEFS To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians, VISION To be recognized and respected as the leading advocate for the common interests of California's cities. About the League of California Cities Established in I 898, the League of California Cities is a member organization that represents California's incorporated cities. The League strives to protect the local authority and automony of city government and help California's cities effectively serve their residents. In addition to advocating on cities' behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western aty magazine. CI 2022 League of California Cities. AB rights reserved. ABOUT THE AUTHOR Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice, Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the Cal ifornia State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yob County Criminal Justice Cabinet. For many yeats, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies. II _uAry" 1=1"1111111111.11111116 1711 TABLE OF CONTENTS A"oout the Author II Introduction 2 Establishing a Quorum 2 The Rok of the Chair The Basic Format for an Agenda Item Discussion 2 Motions in General 3 The Three Basic Motions 3 Multiple Motions Before the Body 4 To Debate or Not to Debate 4 Majority and Super -Majority Votes 5 Counting Votes 5 The Motion to Reconsider 6 Courtesy and Decorum 7 Special Notes About Public Input 7 INTRODUCTION The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all dubs, associations, boards, councils and bodies follow a set of rules —Robert's Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. if one is chairing or running a parliament, then Robert's Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five -member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order. Hence, the birth of Rosenberg's Rules of Order. What follows is myversion of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg's Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg's Rules in lieu of Robert's Rules because they have found them practical, logical, simple, easy to learn and user friend]) This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars: 1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings. 2. Rules should be dear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate. 3. Rules should be user friendly. That is, the rules must be simple enough that the public is invted into the body and feels that it has participated in the process. 4. Rules should enforce the will of the majority while protecting the rights of the minority The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process. Establishing a Quorum The starting point for a meeting is the establishment of a quorum. A quorum is defined as the mirimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five -member body a quorum is three. When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished. The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five -member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body. The Role of the Chair While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself. Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision -making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time. The Basic Format for an Agenda Item Discussion Formal meetings normally have a written, often published agenda. Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body's agreed -upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format: First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item. Second, following that agenda format. the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons maybe the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item. Third, the chair should ask members of the body if they have any technical questions of darification.At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond, Fourth, the chair should invite public comments, or if app opi iate al a formal meeting, should open the public meeting for public input. If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed). Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion. Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the bodywho seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair. Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion. This is done in one of three ways: 1. The chair can ask the maker of the motion to repeat it; 2. The chair can repeat the motion; or The chair can ask the secretary or the clerk of the body to repeat the motion. Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it. Ninth, the chair takes a vote. Simply asking for the 'ayes" and then asking for the "nays" normally does this. If members of the body do not vote, then they "abstain." Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated. reaads, the chair should announce the result of the vote and what action (if any) the body has taken.In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion, This announcement might take the following form: "The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body." Motions in General Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus. 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 by preceding the member's desired approach with the words "I move ... " A typical motion might be: "I move that we give a 10-day notice in the future for all our meetings " The chair usually initiates the motion in one of three ways: 1. Inviting the members of the body to make a motion, for example, "A motion at this time would be in order.' 2. Suggesting a motion to the members of the body, "A motion would be in order that we give a 10-day notice in the future for all our meetings." 3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time. The Three Basic Motions There are three motions that are the most common and recur often at meetings: The basic motion. The basic motion is the one that puts forward a decision for the body's consideration. A basic motion might be: "I move that we create a five -member committee to plan and put on our annual fundraiser." 3 The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: "I move that we amend the motion to have a 10-member committee."A motion to amend takes the basic motion that is before the body and seeks to change it in some way. The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: "I move a substitute motion that we cancel the annual fundraiser this year" "Motions to amend" and "substitute motions" are often confused, but they are quite different, and their effect (if passed) is quite different. A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a "motion to amend" or a "substitute motion" is left to the chair. So if a member makes what that member calls a "motion to amend," but the chair determines that it is really a "substitute motion," then the chair's designation governs. A "friendly amendment" is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, "I want to suggest a friendly amendment to the motion." The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend. Multiple Motions Before the Body There can be up to three motions on the floor at the same time. The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair. When there are two or three motions on the floor (atter motions and seconds) at the same time, the vote should proceed first on the test motion that is made. For example, assume the first motion is a basic "motion to have a five -member committee to plan and put on our annual fundraiser." During the discussion of this motion, a member might make a second motion to "amend the main motion to have a 10-member committee, not a five -member committee to plan and put on our annual fundraiser?' And perhaps, during that discussion, a member makes yet a third motion as a "substitute motion that we not have an annual fundraiser this year." The proper procedure would be as follows: First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion ,the substitute motion). No vote would be taken on the first or second motions. Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended. Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five -member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser. To Debate or Not to Debate The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for foil discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion): Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote. Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which maybe a few minutes or an hour. It requires a simple majority vote. Motion to fix the time to adjourn This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: "I move we adjourn this meeting at midnight." It requires a simple majority vote. Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on "hold." The motion can contain a specific time in which the item can come back to the body. "I move we table this item until our regular meeting in October." Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A muiion to table an item (or to bring it back to the body) requires a simple majority vote. Motion to limit debate. The most common form of this motion is to say, "I move the previous question" or "I move the question" or "I call the question" or sometimes someone simply shouts out "question." As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a "request" rather than as a formal motion. The chair can simply inquire of the body, "any further discussion?" If nu one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor. However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the "question" as a formal motion, and proceed to it. When a member of the body makes such a motion ("I move the previous question"), the member is really saying: "I've had enough debate. Let's get on with the vote." When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body. NOTE A motion to limit debate could include a time limit. For example: "I move we limit debate on this agenda item to 15 minutes." Even in this format, the motion to limit debate requires a two- thirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote. Majority and Super Majority Votes In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven -member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails. All motions require a simple majority, but there are a few exceptions. The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass: Motion to limit debate. Whether a member says, "I move the previous question," or "I move the question," or "I call the question;' or"I move to limit debate," it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass. Motion to dose nominations. When choosing officers of the body (such as the chair), nominations are in order either froma nominating committee or from the floor of the body. A motion to dose nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass. Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can he tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass. Motion to suspend the rules_ This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non -club members. A motion to suspend the rules would be in order to allow a non -club member to attend a meeting of the club on a particular date or on a particular agenda item. Counting Votes The matter of counting votes starts simple, but can become complicated. Usually, it's pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five -member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated. If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the "no" votes and double that count to determine how many "yes" votes are needed to pass a particular motion. For example, in a seven -member body, if two members vote "no" then the "yes" vote of at least four members is required to achieve a two-thirds majority vote to pass the motion. What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five -member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated. Vote counting starts to become complicated when members vote "abstain" or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes. In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majorityof the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. Avote of 3-0 with two abstentions would be sufficient. In general law cities in 5 California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count. After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of "those present" then you treat abstentions one way. However, if the rules of the body say that you count the votes of those "present and voting," then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are "present and voting" Accordingly, under the "present and voting" system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are "present"), but you treat the abstention votes on the motion as if they did not exist (they are not "voting"). On the other hand, if the rules of the body specifically say that you count votes of those "present" then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like "no" votes. How does this work in practice? Here are a few examples, Assume that a five -member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are "present and voting." If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails. Assume a five -member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies. If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three "yes," one "no" and one "abstain" also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed— so an effective 3-i vote is clearly a two-thirds majorityvote. Now, change the scenario slightly. Assume the same five -member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members "present." Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a "no" vote. Accordingly, if the votes were three "yes," one "no" and one "abstain," then the motion fails. The abstention in this case is treated like a "no" vote and effective vote of 3-2 is not enough to pass two-thirds majority muster. Now, exactly how does a member cast an "abstention" vote? Any time a member votes "abstain" or says, "I abstain; that is an abstention, However, if a member votes "present" that is also treated as an abstention (the member is essentially saying, "Count me for purposes of a quorum, but my vote on the issue is abstain.") In fact, any manifestation of intention not to vote either "yes" or "no" on the pending motion maybe treated by the chair as an abstention. If written ballois are cast, a blank or unreadable ballot is counted as an abstention as well. Can a member vote "absent" or "count me as absent?" Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually "absent." That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais. The Motion to Reconsider There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed. A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply onlyto the motion to reconsider. First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.) Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider maybe made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body —including a member who voted in the minority on the original motion —may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality. If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time. 6 Courtesy and Decorum The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full. participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude. Debate and discussion should be focused; but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body. Can a member of the body interrupt the speaker? The general rule is "no." There are, however, exceptions. A speaker may be interrupted for the following reasons: Privilege. The proper interruption would be, "point of privilege:' The chair would then ask the interrupter to "state your point.' Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room maybe too hot or too cold, or a blowing fan might interfere with a person's ability to hear. Order. The proper interruption would be, "point of order." Again, the chair would ask the interrupter to "state your point." Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved onto a vote on a motion that permits debate without allowing that discussion or debate. Appeal, If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed. Call for orders of the day. This is simply another way of saying, "return to the agenda" If a member believes that the body has drifted from the agreed -upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properlybefore them. If the chair fails to do so, the chair's determination may be appealed. 'Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized. Special Notes About Public Input The rules outlined above will help make meetings very public - friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item: Rule One: Tell the public what the body will be doing. Rule Two: Keep the public informed while the body is doing it. Rule Three: When the body has acted, tell the public what the body did. 7 CITIES 1400 K Street, Sacramento, CA 95814 (916) 658-8200 I Fax (916) 658-8240 www.cacities.org To order additional copies of this publication, call (916) 658-8200. S10 OD 2011 League of Cakfornia Cities. All rights reserved. ID Printed on recyded paper. CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Off Agenda Items and Placing Non -Agenda POLICY #105 Items on the Agenda ADOPTED: March 12,1985 AMENDED: Purpose In order for both the City Council and City staff to be a deat :.prepared to discuss City business during Council meeting, items for discussion fall b&aced on the agenda in accordance with established Council agenda deadline: anin com'ce with the Ralph M. Brown Act. Generally, items not on the agenda cannot be disci or considered during a Council Meeting. This policy discusses the limits upon non-agendtms and how to place those items onto the agenda. Policy A. Non -agenda items requiring immeciiat4k : pien Matters requiring Council action milk • e'er onto a Council Agenda in a timely ti manner in order for Council to consider the ratrl. It is the policy of the City Council that in accordance with the Ralph M. E.iFqfrn Act, ei genda items requiring Council approval will not be considered by the City Councfexcept under the following two circumstances: . TF 1. An emergency ion sts;. r.,2..* ;,. 2. , ,- � ' �� 1 deftrraa.nes by a tv�o=thirds vote, or by a unanimous vote if less e ° than two-thirds of the Council is present, that = ;+ `£ , a. there -need ftr- immediate action, and :� b. the needle take Action on the item arose after the posting of the agenda; jne . - If the Con ` "*, finds that need to take action arose subsequent to the agenda posting, pursuant to aritzirja 2 above, it shall make those findings by separate motion, including the factual react :;supporting the findings. The findings shall be reflected in the Council minutes.4 B. Council Comments Leading to Future Agenda Items A Councilmennber may, under City Council Comments, give an informational report on any item not on the agenda, providing that no discussion or action takes place on that item. That item, however, may be requested to be placed on a future agenda for discussion or other action. Additionally, Council members may, at a regularly scheduled meeting, request items to be placed on future agendas for Council action, discussion, or consideration. The Page 1 of 2 TITLE: Off Agenda Items and Placing Non -Agenda POLICY #105 Items on the Agenda ADOPTED: March 12, 1985 AMENDED: Councilmember referring the item will provide a brief description of the subject to be printed for the agenda packet, sufficient to inform the City Council and public of the nature of the item. The scheduling, consideration, and action taken on all agenda. ,items will be made subject to the Ralph M. Brown Act. C. Non -agenda Public Comment / Public Oral Commpa ions Citizens shall have the right to address the City Council on any_` latter within the elected body's jurisdiction, subject to a 3-lute time limit. The City Council may listen to the speaker's comments, but'cailnot discuss: or take action on, citizen communications not on the agenda. Non-agend4 pubic comment may be referred to staff for administrative action or placement on - :subsequent agenda, as deemed appropriate by staff. D. Requests to speak. All request-to-speak.f&ims must be coupled and submitted to the City Clerk prior to the beginning oft -iterri i estion. Related Policy References , • National City Mu i 'oipal Cod chapter 2 - Ralph Mi Brown Act � "> Prior PolicendmentS.: None Page 2 of 2 CITY COUNCIL POLICY CITY OF NATIONAL CITY TIME: Off Agenda Items all, acing Non -Agenda POLICY #105 Items on the Agenda ADOPTED: March 12,1985 AMENDED: Purpose In order for both the City Council and City staff to be adequately prepared to discuss City business during Council meeting, items for discussion shall be placed op the agenda in accordance with established Council agenda deadlines and in compliance with the Ralph M. Brown Act. Genera/braitems not on the agendas cannot be dlscassed or considered darin ? a C:oumcii Maeda , olicylasea yes the limits DOOM fir;-ge-nd'ca items and kowto_plaee those items onto the aaen da v.__-.... Pokey A. Non- du hears remint; buntefiate action Matters regairing Council action ,fsaust be placed onto a r'owrse°Y Arcs; .cr: DINIflrer iaa order. or council to consider the Natter. It is the policy of the City Council that in accordance with the Ralph Brown Act, off -agenda items requiring Council approval will not be considered by the City Council except trade- the f allowing circumstanecs: 1. An emergency situation exists; or. 2. The Council determines by a two-thirds vote, or by a unanimous vote if less than nvo thirds of the Council is present, that a. there key geed or immediate action. and b. ;'w' need to take action on the item arose 40,- the posting of the a enda: If the Council finds that the need to take action arose subsequent to the agenda posting, pursuant to criteria 2 above, it shall make those findinm.by separate motion, including the fatal reasons ::z, y; :Sr" r; . i teTIT - The findings , shall be reflected in the Council minutes. B. canna `ourraaexzts.Leaalaas t ter rrrt c i4 r.dr ntetsrs Councilmember may, under City Council Comments, give an informational report on any item not on the agenda, providing that no discussion or action takes place on that item. —That item, 41vrep,_rneY?.be-rerTuesled to be bpoya, test a>! „ is yda r discussion or other action. Page 1of1 • { Deleted: In order for both the Cite Il Catmcl and City staff tobe adequateFy prepared to discuss City business during Councl'meetings, items for discussion should be placed on the node (rewi es 's lapproxirmabely a 10-day lead time?-4_ Deleted: gutless one of the farming criteria is stet Delebeck Delete& sabsegnentto Deletes determines Dew at deteratinadea Deleted: far the dearretimatiort - Deleted: use reasons Deleted: lifetw t srertdutg the above, Deleted: a Additionally, Councilmembers may, at a regularly scheduled meeting, request items to be placed on future agendas for Council actioth discnssion4, ar consideration.. The Councilmember referring the item will provide a brief description of the subject to he printed for the agenda packet, sufficient to inform the City Council and public of the nature of the item. The scheduling, consideration, and action taken on all agenda items will be made subject to the Ralph M. Brown Act. C. Nonpgeuas _ xic Comment;: Public Oral Communications:. Citizens shall have the right to address the City Council on any matter within the elected body's jurisdiction subject to ;3-minute time limit. The City Council may lrsttxto Otte &rd::cars cu rren s, but cannot discuss or take action on, citizen communications not on the agenda. 1 'on-,Xemd`o. public € rmment may he referred to staff for administrative '•. action or placement on a subsequent agenda, as deemed appropriate by staff D. Rfeuests All request -to -speak forms must be completed and submitted to the City Clerk prior to the beginning of the item in question. Related Policy References National City Municipal Code, Chapter 2.04 Ralph M. Brown Act Prior Policy Amendments None Page 1 of 1 Deleted: by Connell consensus Deleted: may Deleted: The City Council, after considering Me referral, may ebker refer the matter to staff to schedule as a future Qy Council agenda item or they may, by concurrence of the majority advise to not place on a fntare agenda Deleted: Any item brought to the City Council for action should first be placed on the agenda to allow time for proper research, consideration, and recommendation. 1 Deleted: item of an urgent nature, or those requiting emergency action where the need to act arose after the agenda was published, may be added to the Council agenda after the fact, in accordance with the rules and procedures outlined hi the Ralph M. Brown Act1 Deleted: on City Council Matters (off agenda item) Deleted: the Deleted: hear • Deleted: AM such rommaxkations shall be routinely CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Off Agenda Items POLICY #105 ADOPTED: March 12,1985 AMENDED/REVISED: Purpose In order for both the City Council and City staff to be adequately prepared to discuss City business during Council meetings, items for discussion should be placed on the agenda. Policvv Any item brought to the City Council for action should fug be placed on to agenda to allow proper research, consideration, and recommendations. The scheduling, consideration, and action taken on all agenda itinc will' be made subject to the Ralph M. Brown Act. ,. Related Policy References National City Municipal Code, Chapter/.04 Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Preparation of City Council Meeting Minutes POLICY #106 ADOPTED: June 17,1986 AMENDED: Purpose To establish the format of the official minutes of the City Council (and all their subsidiary functions) and the disposition of video recordings of those proeeedings. Policy The meeting minutes will be "action only" minutes and Will include the item title, staff recommendations, Board and Commission recommendations, the Couieil action and the vote. Public Hearings will include a list of people speaking in favor and in opposition to the item under consideration. The record of all items of business considered by the City Council (or their other subsidiary functions) shall consist solely of a brief title identifying each item of business, the recommendation of any Board or Commission, the recommendation of staff, the motion made, and the vote taken. The record of that portion of the City Council meeting devoted to reports from the Mayor, the City Attorney, and the other staff shall consist of a brief description of the subjectMatter of the report and of any description, provided that the record or any,part thereof shall be verbatim if so requested by a member of the City Council prior to approval `cif e'ri j It is the goal of the City Clerk's office to post Council meeting minutes and video recordings on the City's website: lun approximately two weeks of the meeting date. Hard copies of the Council meeting agendas and minutes will be available in the City Clerk's office. Minutes and video recordings will be maintained on the City's website for a minimum of three years from the date of original posting. Related Policy References None Prior Policy Amendments None Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Preparation of Council _ Minutes POLICY #106 _ADOPTED: June 17, 1986 _AMENDED; Pt_Igase To establish the format of the official minutes of the City Council (and all their subsidiary functions) and the disposition of recordings of those proceedings. P The meeting minutes will be "action only' minutes and will include the item title, staff recommendations, Board and Commission recommendations, the Council action and the vote. Public Hearings will include a list of people speaking in favor and in opposition to the item under consideration. i The record of all items of business considered by the City Council (or their other subsidiary ftnctions) shall consist solely of a brief title identifying each item of business, the recommendation of any Board or Commission, the recommendation of staff, the motion made, and the vote taken. The record of that portion of the City Council meeting devoted to reports from the Mayor, the City Attorney, and the other staff shall consist of a brief description of the subject matter of the report and of any description, provided that the record or any part thereof shall be verbatim if so requested by a member of the City Council prior to approval of the minutes. It is the oar of the Cit Clerk's office to ost Council meetin minutes and video recordings on the City's website, within approximately two weeks of due meeting date. Hard copies of the Council meeting agendas and minutes will be available in the City Clerk's office. Minutes and video recordings will be maintained on the City's website for a minimum of three years from the date of original posting:, Related Policy References None Prior Policy Amendments None Page 1 of 1 I Deleted: . Delete* (REvrsnn Deteted: the tape Deleted: Council Formatted: Font color: Red Deleted: Duplicate ;ape recordings of Council t1wwhi,sc will be available, to the public for purchase at a nominal fee and available in the Od➢ce of the City Clerk for review at no change { Foneatted: Font: Bold, Underline k CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Preparation of Council Minutes POLICY #106 ADOPTED: June 17, 1986 AMENDED/REVISED: Purpose To establish the format of the official minutes of the City Council and the disposition of the tape recordings of those proceedings. ne: Policy The Council meeting minutes will be "action only" minutes yd will incluc'the.item title, staff recommendations, Board and Commission recommendations, Councf action and the vote. • Public Hearings will include a list of people speaking in favor and opposition pposition to the item under consideration. gs -,, , The record of all items of business considered by the City Council shall consist solely of a brief title identifying each item of business, the recommendation of any Board or Commission, the recommendation of staff, the -potion made, and the vote taken. The record of that portion of the City Council meetinettivoted to reports from the Mayor, the City Attorney, and the other staff shall consist of a brief description of the subject matter of the report and of any deSitription, provided that the record or any verbatim if so requested bya�ember of the CityCount part thereof shall be prior to approval of the minutes. Duplicate tape .recordm s of Couii meetings will be available to the public for purchase at a nominal fee` and available in the*Office of the City Clerk for review at no charge. RelatvrPolM,4iites None Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Appointments to Boards and Commissions POLICY #107 ADOPTED: June 17,1986 AMENDED: Purpose To establish a procedure to serve as a guide in making aPPQts to various City Boards and Commissions. The City currently has the followboards, commissions, and committees (generally referred to as Boards and Cominiss,iO4,1c: which this Policy would apply Board of Library Trustees; Civil Service Conissionmunity and Police Relations Commission; Park, Recreation and Sew Citizens ''4sory Committee; Planning Commission; Public Art Committee; an4, traffic Safety Committee. Poll w Appointment Process A. Opportunity to apply. All interested individuals shall be given an opportunity to submit applications for tolkancies on City Board and Commissions. Incumbent Commissioners are not autonuittaily,re-appointedbut are required to fill out an abbreviated application providedprovided'hY44. City Clerk, indicating their interest in continuing to serve. • B. Unexpired _ terms..,If : an incumbt Commissioner was appointed to fill an unexpired term and the Commissir has served for less than one year in that position, the Council may re -appoint the incumbent without considering other applicants. C Vacanc es wen Commissioner vacancies occur, the following procedure shall be followeal: = =scheduled r,; ''cy s cy. When a term is or has expired, a public notice of the e made. Interested individuals will be invited to submit 4tionottor the vacancy on a form provided by the City Clerk. 2. Unscheduled vacancy. An unscheduled vacancy shall be filled pursuant to and consistent with Government Code section 54974, which provides generally as follows: When an unscheduled vacancy occurs, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the office of the City Clerk and the National City Library, and in other places as directed by the City Council, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointment shall not be made by the City Council for at least 10 working days after the posting of the notice in the City Clerk's office. However, the City Council may, if it finds that an emergency exists, fill the unscheduled vacancy Page 1 of 3 TITLE: Appointments to Boards and Commissions POLICY #107 ADOPTED: June 17, 1986 AMENDED: immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section. 3. Applications will be reviewed by the entire City Council and applicants will be interviewed by the entire City Council. D. Implementation. Implementation of Council policy f` appointment to Boards and Commissions requires the following: 1. Preparation of appointments list by t1e:: City `incll. On or before December 31 of each year, the City CoUncil.via the C4-Clerk shall prepare an appointments list (known as thetocal Appointment`s L t) of all regular and ongoing boards, commissions, and committees which aie'appointed by the Mayor and/or the City Council, in compliance with Government Code section 54972, which generally requires a list of all appointive terms which will expire during the next calendar year, the name of the incumbent appointee, the date of, appointment, the date the term expires, and the necessary qualifications: for the position, and a list of all boards, commissions, and committees- ommit ees 'Wl;Itote members :serve at the pleasure of the City Council, and the necessary qualificationsr.for each position. 2. Notice. Placement of a legal/pablic notice in a local San Diego newspaper advertising appo'tve vacancies_ Expiration of term. A letter, to be sent to all office holders as their terms e me asking' if they would like to re -apply for the position; 't. committees:: with Current vacancies. Each applicant will have the Interviev& Interviews to be held for those who file applications for all L , :Opportunity 0-make a brief (approximately 5 minute) presentation of their rests anci qualifications before the City Council at a regular Council mec1i g. „All appointments and interviews before the City Council will be schedile4 as needed to fill unexpected vacancies, with every effort to be made_*efooe an individual's term expires. Interviews may take place at one meeting, with appointments made at a subsequent meeting. E. Vacancies for Council Appointed Positions. If the vacancy is for a Council - appointed position, and there is more than one applicant for a given position, the voting process will proceed as follows: 1. Once the interviews are complete, each Councilmember votes for his/her choice via a written ballot. Each Councilmember shall print and sign Page 2 of 3 TITLE: Appointments to Boards and Commissions POLICY 11107 ADOPTED: June 17,1986 AMENDED: his/her name on the ballot. All ballots shall be considered a public record and open to inspection by the public. 2. The ballots are passed to the City Clerk who announces the number of votes for each candidate. In the event of a tie, each Councilmember votes again until one candidate has the majority vote, and is declared to be the new Commissioner. 3. Re -appointments beyond two terms. Anyone wishing be re -appointed to any Board or Commission, and has served two or more full terms already, must be approved by a four -fifths vote of the Council. In these instances, if all five members of the Councils not present or if one member abstains or recuses his/her vote, the folk -nos: requi eats would be changed to require only a simple majority. Appointing Authority Under the Government Code, the Mayor has appointment .poorer to all Boards and Commissions, subject to ratification by the City Council, unless there is a state law which directly, or by implication, grants the appointment power 'to the City Council. The following is a list of City Boards and Commissions divided between the Mayor and City Council as the Appointment power exists. Mayor's Appointments:.: Board of LTi Traffic;Safety mittee ., Parks,•RecreationAn4 Senior Citizens Advisory Committee Sweetwater`Author? . Communityyand Polite Relations Commission (CPRC)• Public Art COmmittee k .. City Couneal. ppoiritments Pl wt n .. Commission (including Committee for Housing and Community Development) Port Commission Civil Service Commission Related Policy References Government Code section 40605 Government Code section 54970, et. seq. National City Municipal Code Title 16 (pending) Prior Policy Amendments None Page 3 of 3 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Appointments to Boards and Commissions POLICY #107 ADOPTED: June 17,1986 AMENDED; Purpose To establish a procedure to serve as a guide in making appointments to various City Boards and Commissions. The Ci . irre:: - boards. .oinmittees (generally referred to as Boards and Commissions) to which this Policy would Apply: Board of Library Trustees: Civil Service Commission: Committee for Housing and Community Development; Community and Police Relations Commission; Park. Recreation and Senior Citizens' Committee; Planning Commission: Public Art Committee; tnd, Traffic Safety Committee. Policy Appointment Process, A. Opportunity to app All interested individuals shall be given an opportunity to submit applications for vacancies on City Board and Commissions. Incumbent Commissioners not automatically re -appointed but rerniireri to fill out abbreviated application_provided by the City Clerk, indicating their interest in continuing to serve. If an incumbent Commissioner was appointed to fill an unexpired terns and the Commissioner has served for less than one year in that position, the Council may re -appoint the incumbent without considering other applicants. C. VBcanciec When Commissioner vacancies occur, the following procedure shall be followed: 1 ' ' ...1,.. , . has expi'-° public notice of the vacancy shall be made. Interested individuals will be invited to submit applications for the vacancy on a form provided by the City Cie , 2 Unscileautet vacancy. An unsclaedulcd vacancy shall be filled pursuant andG- consistent with Government Code section 54974, which provides generally as follows: When an unscheduled vacancy occurs, whether due to resignation., death, termination, or other causes, a special vacancy notice shall be posted in the office of the City Clerk and the National City Library, and in other places as directed by the City Council, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointment shall not be made by the City Council for at least 10 working days after the posting of the notice in the City Clerk's office. However, the City Council may, if it finds that an emergency exists, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section. Pagel of3 t� Deleted: iusvISED :Formatted: Underline Formatt®d: Numbered + Level: 1 + Numbering Style: A, B, C, ,,, + Start at: 1 + Alignment: Left + Aligned at: 0,5" + Tab after: 0" + indent et: 0.75" Deleted: will Deleted: be Deleted: will Deleted: be Formate& Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: OS' + Tab after. 0" + Indent at: 0.75' Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" +Tab after: 0' + Indent at 0.75' f Deleted: A 'tD feted: announcement Deleted: Secretary to the Mayor Fornaatbed: Bullets and Numbering 3. Applications will be reviewed by the entire City Council and applicants wille be interviewed by the entire City Council. Formatted: Bullets and Numbering D. Implementation. Implementation of Council policy for appointment to Boards -- and Commissions requires the following: I. f>renaration of appointments list bar the City Council. On or before', December 31 of each year, the City Council via the City Clerk shall prepare an appointments list (known as the Local Appointments List) of all regular and ongoing boards, commissions, and committees which are appointed by the Mayor andlor the City Council in compliance with Government Code section 54972, which generally requires a list of all appointive terms which will expire during the next calendar year, the name of the incumbent appointee, the date of appointment, the date the term ex_pires, and the necessary qualifications for the -position; and a list of all boards. commissions, and committees whose members serve at the pleasure of the City Council. and the necessary qualifications for each position. 2. Notice. „Placement of a legal/public riotice in a, ocal San Diego newspaper,; advertising appointive vacancies; Expiration of term., ;,letter be sent to all office holders as their terms expire asking if they would like to re -apply for the position; nterviews to be held for those who file applications for all committees with current vacancies have the opportunity to make a brief (ap-prcximateiv 5 minute' presentation_ _ = F All appointments and interviews before the City Council will be scheduled as needed to fill unexpected vacancies, with l . before an individual's term expires. ate:views may take place at one meeting, with appointments made at a subsequent meeting. E. 'Vacancies for Council Appointed Positions. If the vacancy is for a Council - appointed position, and there is more than one applicant for a given nosition., the voting process will proceed as follows,-_ - _ 1. Once the interviews are complete, each Councilmember votes for his/her choice via a written jiallot. Each Councilmember shall print his/her name on the ballot. All ballots shall be considered a public record '��,`�.• and open to inspection by the public. 2. The ballots are passed to the City Clerk who announces the number of votes for each candidate. In the event of a tie, each Councilmember votes again until one candidate has the majority vote, and is declared to be the new Commissioner. Re -appointments ter , : Anyone wishing to be re -appointed to any Board or Commission., has served two or more fall terms already, must be approved by a four - fifths vote of the Council. In these instances, if all five members of the Council are not present or if one member _ his/11er vote, the four -fifths requirements would be changed to require only a simple majority. Page 2 of 3 Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start ' at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0" + Indent at: 0.75" `Formatted: Indent: Left: 0.75" .1 Formatted: Font: Not Bold Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Tab after. 0" + Indent at: 1" .l Delete& a Deleted: p .1. Deleted: classified advertisement to be placed in the Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, .,. + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Tab after: 0" + Indent at: 1" Deleted: Deleted: a • Deleted: i Deleted: , eachindividual f Deleted: be "I DeleteDelete& being Deleted: of their interests and qualifications Deleted: twice a year or Deleted: the interviews and appointments being made Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment. Left + Aigned at: 0.5" + Tab after: 0" + Indent at: 0.75" t Deleted: After interviews arc completed ! Deleted: , voting for Commission positions mil proceed as follows: Deleted: E 1 Deleted: by Deleted: forte, on a Deleted: , and sign his/her name on the ballot Deleted: who Deleted: chooses to withhold . Deleted: Deleted: ¶ Appointing Authority Under the Government Code, the Mayor has appointment power to all Boards and Commissions, subject to ratification by the City Council, unless there is a state law which --( Formatted: Underline directly, or by implication, grants the appointment power to the City Council. The following is a list of City Boards and Commissions divided between the Mayor and City Council as the Appointment power exists. Mayor's Appointments: Board of Library Trustees Traffic Safety Committee Parks„Recreation and Senior _Advisory. Sweetwater Authority County Police Relations Cotr;t,i. COERCi 1 i.4vlsv t u Ir vLaJLla�lw City Council Appointments Planning Commission (including Committee for Rousing and Community Development) Port Commission Civil Service Commission Related Policy References Government Code section 40605 Government Code section 54970, et. seq. National City Municipal Code Title 16 (Mending) Page 3orf3 --- Formatted: Underline - Deleted: eel Deleted: Board Deleted: Historical Committee Deleted: Senior Citizen Advisory Committeeq Street Tree and Parkway Committee Delete& & Dew use Formatted: Indent: Left; OS' Deleted: s CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Appointments to Boards and Commissions POLICY #107 ADOPTED: June 17,1986 AMENDED/REVISED: Purpose To establish a procedure to serve as a guide in making appointmients to various City Boards and Commissions. Policy ',. All interested individuals shall be given an opportunit, submit aeons for vacancies on City Board and Commissions. Incumbent't omnissionen will not automatically be re -appointed but will be required.. to fill out fn t ' application indicating their interest in continuing to serve. .. If an incumbent Commissioner was ap�i to -fill ran ur spired term and the Commissioner has served for less than one year, in that position, the Council may re- appoint the incumbent without consider'gher appants. When Commissioner vacancies occur, the fallowing procedure shall be followed: 1. A public announcement':of the vacancy shall be made. Interested individuals will be invited to st appations for the vacancy on a form provided by the Secretary to the Ma :: : r., 2. Applications willbe revi l;-by the entire City Council and applicants will be intervfev ed by the entire City Council. Implerita°.of Council policy for appointment to Boards and Commissions requires the following: a °sifted advertisement to be placed in the local newspaper advertising appoiiye vacanci a later be sent to all office holders as their terms expire asking if they W+d.like to lie -apply for the position; interviews to be held for those who file applieatio.,., *-Committees with current vacancies, each individual being given 3-5 minutes to male' a presentation of their interests and qualifications. All appointments and interviews before the City Council will be scheduledtwice a year or as needed to fill unexpected vacancies, with the interviews and appointments being made before an individual's term expires. After interviews are completed, voting for Commission positions will proceed as follows: 1. Each Councilmember votes for his/her choice by written form on a ballot. Each Councilmember shall print his/her name on the ballot, and sign his/her name on the ballot. All ballots shall be considered a public record and open to inspection by the public. Page 1 of 2 2. The ballots are passed to the City Clerk who announces the number of votes for each candidate. In the event of a tie, each Councilmember votes again until one candidate has the majority vote, and is declared to be the new Commissioner. Anyone wishing to be re -appointed to any Board or Commission who has served two or more full terms already, must be approved by a four -fifths vote of the Council. In these instances, if all five members of the Council are not present or if one member chooses to withhold his/her vote, the four -fifths requirements would be changed to require only a simple majority. Appointing Authority Under the Government Code, the Mayor has appointment power„ to all Boards and Commissions, subject to ratification by the City Council, unless the..is a state law which directly, or by implication, the p ,grants the appointment power to the` Council; The following is a list of City Boards and Commissions divided between the Mayor a;d City Council as the Appointment power exists. Mayor's Appointments: Board of Library Trustees Traffic Safety Committee Parks and Recreation Advisory Boar4. Historical Committee Senior Citizen Advisory Commitietr, Street Tree and Parkway Coni nittee Sweetwater Authority City Council Appointments. Planning Commian Port Commission - Advisory and. Appeals iktayd Civil Sejyice C mission . -,, Citizeri`'s;Comm ttee for Community Development Relate Po fer : i es None::. 4 Page 2 of 2 It' • `-' t: CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: City Manager as Chief Administrative Officer POLICY #108 ADOPTED: November 22, 1982 AMENDED: Background The City of National City operates under the Council/Managerfokku of government, a system that combines the policy leadership of elected officials in the form of a City Council, with the managerial expertise of an appointed CityMakkaer. The Council is the legislative body that represents the,ccitnmunity4uul is empowered to formulate citywide policy. The City Council is coniprised of the. 'Mayor and four councilmembers who are elected by the community at -large. • .•• • The City Manager is appointed by the Council and serves as the chief -administrative officer of the organization. The City Manager is responsible for administration of City affairs, day-to-day operations, implementation of Council policies and is the liaison between the Council and the City staff. • -,°:i. ;4.-: • . Purpose ... The purpose of this policy is to clarify the.Manager's responsibilities and establish guidelines in the Council issuing directives to. City staff Members. 4, Policy In accordance _with the National City Municipal Code, Section 2.01.030, except for the purpose of the CitYcouticil shall -deal with the administrative departments solely through die City Mamma,. andneither the City Council nor any member thereof shall give ord9nt pony of emplo*ef the gty Manager. This policy is based on the principle that departmt* carry on the approVed activities and do not alter approved priorities or policies on*bpsis of a Attest that has not been approved by the Council as a body. The City Manager shall .Aact as chief administrative officer for the various appointed department directork*rivell as the City Clerk's office. The City Manager's duties and responsibilities are c*Tified in National City Municipal Code Chapter 2.01. Related Policy References National City Municipal Code, Chapter 2.01 Government Code section 34851, et. seq. Prior Policy Amendments None Page 1 of 1 CITY COUNCiL POLICY CITY OF NATIONAL CITY Related Policy References National City Municipal Code, Chapter 2.01 Prior Policy Amendments, Nonce Page 1 of 1 TITLE:City Manager as Chief Administrative Officer POLICY #108 I ADOPTED: NOVEMBER 22, 1982 AMENDED, Background ,The City of National City operates under the Council/Manager form of government, a system that combines the policy leadership of elected officials in the form of a city council, with the managerial expertise of an appointed city manager. The Council is the legislative body that represents the community and is empowered to, formulate citywide policy. The City Council is comprised of the Mayor and four councilmembers who are elected by the community at -large. The City Manager is appointed by the Council and serves as the chief administrative officer of the organization. The City Manager is responsible for administration of City affairs, day-to-day operations, implementation of Council policies and is the liaison between the Council and the City staff. Purpose The purpose of this policy is to clarify the City Manager's responsibilities and pstablish guidelines in the Council issuing directives to City staff members - Policy In accordance with the National City Municipal Code. 2.01.030, xcept for the purpose of inquiry, the City Council shall deal with the administrative departments solely through the City Manager, and neither the city council nor an' member the:J euf shall give crd DIY; Axe ant- of employee of the city mower.. ,This policy is based on the principle that. departments carry on their approved activities and do rot Alter apt loved priorities or policies on the basis of a request that }?as :totJ,een approved by the Council as a body. The City Manager shall aet as chief administrative officer for the various appointed department directors as well as the City Clerk's office. :, ,z,a,; s JUL.::, id chapter 2.(1, Deleted:11 - {I Deleted;1REVISEn r Formatted: Font: (Default) limes New Roman, 12 pt Formatted: Font: (Default) Times New Ronan, 12 pt (Deleted: To Deleted: and clarification of City Manager's responsibilities Deleted: The City Manager is appointed by the City Council on the basis of executive and administrative qualifications and abilities and is the chief admimsteative officer of the City. Deli Chapter Delete& E. Delete* . Dew dowel [Delete& Masn't Formatted: Font: Bold, Underline J T `1 kteebelk T 9 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: CITY MANAGER AS CHIEF ADMINISTRATIVE POLICY #108 OFFICER ADOPTED: NOVEMBER 22, 1982 AMENDED/REVISED: Purpose To establish guidelines in issuing directives to City staff members and clarification of City Manager's responsibilities. Policy The City Manager is appointed by the City Council on the basis of -4ecUtive and administrative qualifications and abilities and is the chief adni*istVive officer bf the City. Except for the purpose of inquiry, the City Council shall de*. with the administrative departments solely through the City Manager. CouncilinetnberS will not interfere with staff members duties unless the matter has been brought .beforit. the City Council and approved at a regular Council meeting.: ThiS. poliCY is based on the principle that departments carry on their approved aatiyities and don't alter approved priorities or policies on the basis of a request that hasn't f56en apprOVed by the Council as a body. The City Manager shall act as chief ail inistiaint officer for the various appointed department directors as well as the City Clerk's offf-Ce. ' , 4 , • . Related Policy Races _ National City Municiiial Code, cr- 2.01 ‘. ,_ ....,..... -e. Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Reimbursement for Expensec Incurred in POLICY #109 The Performance of Official Duties ADOPTED: September 19, 2006 Purpose AMENDED: Government Code Sections 53232.2, 53233.3, and 53233.4,'enacted pursuant to AB 1234, require the governing body of a local agency:toa.. adopt a written policy addressing reimbursement for travel and training`. expenses incurred in the performance of official duties. The City Coun See ris it c irable to adopt a uniform policy applicable to City employees,. board and coma on members, members of the City Council and other elected ufficials,�governing retort for such expenses. The purpose of this administrative policy is t& t blish unifoiu policies and procedures concerning expenses incurred by members:'; the City Council, board or commission members, City employeesoid other elected4ficials while traveling or attending events on City business. I. Policy A City Councilr ber, eieUtad official, board or commission member or City employee who is retiMrecl to fitayel in the pe rmance of their duties or to attend an authorized meeting, con[-ch is of direct benefit to the City shall be reu to for reasonable expersesfncurred, including transportation, meals, lodging and otheri idental"e enses directly related to such official City business. Expensesspecifically illowecfor reimbursement include purchase of personal use items, alei olic beverages and entertainment (including in -room movies). • All requests 14 city -related travel must be reviewed/approved by the Purchasing Review Committ 'RC) prior to making any travel commitments or arrangements. Estimated cost inirmation must be sent to the Finance Department/Purchasing Division. Upon approval by the PRC, travel plans may be made. PRC approval numbers must be noted on expense reports and invoices submitted for payment or reimbursement. Existing City purchasing policies and procedures must be followed when obtaining cost estimates, and making arrangements associated with travel See Municipal Code, Chapter 2.60 regarding Purchasing polices and procedures. Page 1 of 8 TITLE: Reimbursement for Expenses Incurred in POLICY #109 The Performance of Official Duties ADOPTED: September 19, 2006 AMENDED: A. Transportation. The following modes of transportation may be allowed for the purpose of traveling on City business: 1. Air Travel. Allowance for air travel will be actual roundtrip via coach or tourist class accommodation. Receipts for air passage must be retained for submission with the Travel Expense Report. 2. Personal car. With specific approval from the4epartment head or the City Manager, personal cars may be used fo but -of -town travel'. -.Reimbursement shall be based on actual mileage used for th ,official travel. Any mileage used for personal purposes or otherwise not directly related to official City business shall be deducted from total miles traveled to arrive at the net reimbursable mileage. Reimbursement shall be at the prevailing IRS standartileage rate. When use of a personal vehicle is author .zed, individuals shall adequately account for their use of the personal vehicle on a daily basis on the Travel Expense Report. Total reimbursable transportation expense through use of : a personal car shall in no case exceed the allowable expense of transportation by air when one is available to such destination. 3. t=.own.vehicle. Use of City -owned vehicle shall be authorized when this'tit f4a4sTeFtationof can be demonstrated as the most economical means availab _' for dctehi ring advisability of usage, employees shall be supplied with estimated de t`:of travel via a City -owned vehicle by Public Works upon request. Use`cf a Crtyl,ied vehicle shall not be authorized when the estima``'cd cost exceeds the=authoized cost of air travel. When use of a City -owned vehicle is authorized, individuals shall adequately account for their use of the;:ty-owned vehicle on a daily basis in the Travel Expense Report. Individuals shall he charged at the prevailing IRS standard mileage rate for every mile of personal use of the City -owned vehicle. The cost of personal use of a City -owned vehicle shall be deducted from the total allowable travel expenses. Individuals who experience car trouble with a City -owned vehicle while on out-of- town travel, should contact the Public Works Department as soon as possible for direction. If it is after work hours or on the weekend, contact the Police Department Dispatch at (619) 336-4411, and they will get in touch with Public Works staff. All receipts for such repairs must be pre -authorized by Public Works and retained and forwarded to Public Works for approval prior to reimbursement. In the event of an accident while using a City -owned vehicle, the traveler should refer to the `Accident Page 2 of 8 TITLE: Reimbursement for Expenses Incurred in POLICY #109 The Performance of Official Duties ADOPTED: September 19, 2006 AMENDED: Packet' in the glove box of each vehicle for detailed instructions on how to proceed, then notify Police Dispatch and Public Works immediately. B. Lodging. 1. General provisions. Reimbursement vy- be made for the cost of lodging required to conduct the assigned City business.' .:Dar receipts and meeting and travel schedules must be retained for submission 4,411 the Tratel Expense Report. Lodging will be allowed for the night prior to the'e encemenl f the meeting if the time set for the start of the meeting requires the individual to lea ome prior to 6 a.m, of the day of the meeting. Lodging will be allowed for the night"itowing the meeting if the employee could not have arrived home prior to 12:00 midnight following the meeting. Lodging in connection with separatt. consecutive meetings or conferences shall be permitted if it is less costly than re:to the city for the nights between the meetings. •mot. In instances where an individual has thi{ ction to fuel by air and the individual opted to travel by car, reimbursement for lodging shad be allowed on the same basis as if the individual traveled by air. ;;., Rate `o'' b� .'Li�dging reimbursement shall be based on the singl0-:to&renita chargedat the headquarters hotel for the conference or the hotel mos.roximate to` -site of the,meeting. If the hotel has different rates for single r accommodation,. die individual shall be entitled to reimbursement for no more than thecond least expensive rate. In the event the individual occupies a more expenstvbsn accommodation (e.g. multiple occupancy), they will be reimbursed at the rate for :,. a occup�..:ryemployee. The shall have the hotel indicate on the bill : whether the r isr single or multiple occupancy and the equivalent single occupancy rate iaccommodation is other than single occupancy. If the rate for single occupancy nnot be verified from the bill or receipt, the individual shall be reimbursed at 80% of the rate indicated on the bill. C. Meals. Reimbursement for meals shall be on the basis of actual cost. All meal receipts must be retained for submission with the Travel Expense Report. Receipts must be detailed and itemized showing exactly what was ordered. Credit card receipts will not be accepted for purposes of reimbursement. To claim reimbursement, travel commencement and termination times must be accounted for. Reimbursement for breakfast is not allowed on the day of departure Page 3 of 8 TITLE: Reimbursement for Expenses Incurred in POLICY #109 The Performance of Official Duties ADOPTED: September 19, 2006 AMENDED: unless the trip starts prior to 7:00 a.m. Reimbursement for dinner is not allowed on the day of return unless the trip ends later than 8:00 p.m. D. Registration Fees. Fees charged for registration at a conference or meeting Which an individual is authorized to attend are reimbursable. Receipts or other ,acceptable evidence of the amount of the fees, such as a copy of the conference program/invitation setting forth the fee rates, shall be retained for submission with the claim form. E. Incidental Expenses.` 1. Taxi and Bus Fares. Reimbursement will be allowed for taxi, bus fare or other transportation costs when such transportation is necessary in the conduct of City business. Receipts must be provided for: these expenses, regardless of cost. Such expenses shall be itemized on the Travel Expense;.teport. 2. Communications: Telephone and telegraph charges will be reimbursed for official calls and wires only. Unofficial calls charged to the hotel bill should be identified and deducted from the total hotel bill. 3. _::':Parking::garage, and toll charges. Parking, garage, and toll expenses will be reimbursed *hen an automobile is used for transportation. Receipts must be submitted for r ems Tips, ges, and services fees. Customary tips of up to 20 percent will be permitt_on rersable items. Tips shall be itemized on the claim form. ,� e ,Miscellaneous. All items of expense not included in any of the other categories but ;i h ch,„ onetheless can be clearly identified as incidental to the undertaking of City business shall also be allowed reimbursement. Receipts for these items must be submitted. Examples of such expenses are public stenographer fees, duplicating expenses and the cost of publications of value to the City being distributed at conference. F. P.O.S.T. Expenses. Expenditures in training Police Department personnel under the P.O.S.T. Program shall be authorized and reimbursed by the City in accordance with established P.O.S.T. guidelines. In case of conflict between the P.O.S.T. guidelines and this policy, the P.O.S.T. guidelines shall prevail but only in the case of expenditures properly reimbursable under the P.O.S.T. Reimbursement Program. Page 4 of 8 TITLE: Reimbursement for Expenses Incurred in POLICY #109 The Performance of Official Duties ADOPTED: September 19, 2006 AMENDED: G. Cash Advance. It is encouraged that individuals use their own money or credit cards to finance the trip and then claim reimbursement upon their return. If in the judgment of a department manager, estimated expenses°f r a contemplated out -of -city travel are too high to expect the individual to.:finance the trip and be reimbursed upon their return, the department manager may authorize advance payment or a maximum of $200 to the employee. An advance In excess of $200 must have the approval of the City Manager. :{= Approval of cash advance does not constitute a pproval for expenditure' f the amount so advanced. All actual expenditures must be justified andapproved based _c on limits and allowances set by this policy. II. Procedures A. Reimbursement of Business.rravel-penses. The individual shall.. wit a signed'Travel Expense Report to the department director after completion of. travel. Such report shall show the details of official business expenses' incurred and should be ; accompanied by supporting documents required under thispolicy Tkg department director shall review the report for compliance,, with this piality'-and --th4sir,sIgnature to signify approval. The Travel Expenselteport must be,,warded tip. the Finance Department within three (3) wort Ong days upon return. - City Council members and members of boards and cQtimission shall sil t the` Travel Expense Report to the City Manager for approve B. Allowance for :,'travel will be actual round trip via coach or tourist class accommodation. ravel Expense Reports will be accompanied by air passage receipts when filed. C. Personal Car. Individuals shall account for use of their vehicle on a daily basis through use of a Travel Expense Report, which is to be submitted when filing a claim. D. City -owned Vehicle. Page 5 of 8 TITLE: Reimbursement for Expenses Incurred in POLICY #109 The Performance of Official Duties ADOPTED: September 19, 2006 AMENDED: Authorized personal use of a City vehicle will be accounted for on a Travel Expense Report, which will be submitted when filing for reimbursement. Individuals will be charged the prevailing IRS standard mileage rate for each mile, and shall be deducted from the total allowable travel expenses. Emergency repair receipts must be submitted to Public Worlds €::approval prior to reimbursement. E. Lodging. vl Receipts indicating date and occupancy status, accompanied by meeting and travel schedules much be submitted with the Travel Expense Report when filing a claim. F. Meals All meal receipts will be submitted, with the Travel Expense Report. Receipts must be detailed and itemized, showing exactly what was purchased (not just credit card receipts). G. Registration Fees. i4 Receipts, or other acceptable evidence of the Mount paid, must be submitted with the Travel Expep eReport .— . Incidental enses. IncidentA expenses (exert for 'alcohol, entertainment, and items for personal use) shall be itized on the Tavel Expense Report, and receipts shall be provided. I. Cash` v4nce Approved request' for travel advances shall be submitted to the Finance Department at least ten (10) working days before the start of travel. Funds will be released no earlier than three (3) working days prior to the trip departure date. The Finance Department shall deduct from the total expenses claimed, any expense item found to be inconsistent with this policy, and shall furnish the employee with an itemized list of items disallowed. Any amount due the employee shall be paid within ten (10) working days from receipt by the Finance Department of the Travel Expense Report. Page 6 of 8 TITLE: Reimbursement for Expenses Incurred in POLICY #109 The Performance of Official Duties ADOPTED: September 19, 2006 AMENDED: III. Alternative Proof of Payment for Training Expenses. A. Individuals periodically request alternative proof of payment methods for reimbursable training expenses, (i.e., registration/tuition fees), advanced, when receipts or cancelled checks are not available. B. As an exception, only when receipts are impractical to obtain, the following may be used in place of receipts or canceclicelcs for reimbursement purposes. 1. Course announcement specifying pie anibtmt of fees mad 2. A document issued by the traing institution indicating nttendance or completion of the course by the employee IV. Use of City Credit Card for Travel Purpose City staff members occasionally attend job -related train ; and conferences, upon approval of the City's Purchasing Review Committee (PR Job related training is often required by state mandates. In Oder to make aline and hotel reservations, a credit card number musnieprovided to grantee the Iteservations. ;a. Prior to use, any' loyee wishing to use "a City -issued credit card, must read and adhere to the City's Orpielit Catd`folicy (Administrative Policy #3.14). Per Admi istrattve :Policy: 1,L4: Crete cards may never be used to circumvent established competitive purc►g procedures, or dollar limits established by the Cit ' _ ylunicipal Coder, City Offices or Purchasing Division procedures. Credit cards sail only be used to pay44or "PRC" authorized travel and training expenses. Individuals ray not use city credit cards for personal expenses even if the intent is to reimburse the City later;: See Administrative Policy 3.14 for complete rules and details. Summary This Policy cannot cover every issue, exception or contingency that may arise in obtaining reimbursement for travel and training expenses incurred in the performance of official duties, and in the use of City credit cards. Individuals are expected to exercise good judgment and show proper regard for economy when traveling in conjunction with official City business. Any expense for which an individual requests reimbursement should directly Enid manifestly relate to the conduct of City business and, in the event of an audit, should leave no doubt that Page 7 of 8 TITLE: Reimbursement for Expenses Incurred in POLICY #109 The Performance of Official Duties ADOPTED: September 19, 2006 AMENDED: such expenditure was pre -approved by the Purchasing Review Committee, and is in fact reasonable and necessary in the conduct of City business. Accordingly, the basic standard that should always prevail is to use common sense and good judgment in the use and stewardship of City resources. This Policy shall supersede all previously -adopted policies and procedures pertaining to reimbursement for travel and training expenses and to: the use of City credit cards, including Instruction Nos. 3.03, 3.04, 3.05 and 3.14 of the Administrative Manual. This Policy satisfies the requirements of Governntnt`Code Sections 53232.2 and 53233.3. Related Policy References Government Code Sections: 53232.2, 53233.3, 532314 Assembly Bill 1234 City Administrative Manual Policies 3.03;3.04, 3.05, 3.14" Municipal Code, Chapter 2.60 :. Forms: Travel Expense Report: available from the Finance Department or the City's Intranet site. Credit Cardholder Use Agreement: available from the Finance Department Page 8 of 8 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Reimbursement for Expenses Incurred in POLICY #109 The Performance of Official Duties i ADOPTED: September 19, 2006 Purpose AMENDED: , I Delete& . - C I Deleted: WA/86 Government Code Sections 53232.2, 53233.3, and 53233.4, enacted pursuant to AB 1234, require the governing body of a local agency to adopt a written policy addressing reimbursement for travel and training expenses incurred in the p.m-fonnancc of official duties. The City Council deems it desirable to adopt a uniform policy applicable to City employees, board and commission members, members of the City Council and other elected officials, governing reimbursement for such expenses. The purpose of this administrative policy is to establish uniform policies and procedures concerning expenses incurred by members of the City Council, board or commission members, pity employees and other elected officials while traveling or attending events on City business. ~' L Policy A City Councilmember, elected official, board or commission member or City employee who is required to travel in the performance of their duties or to attend an authorized meeting, conference or seminar which is of direct benefit to the City shall be reimbursed for reasonable expenses incurred, including transportation, meals, lodging and other incidental expenses directly related to such official City business. Expenses specifically disallowed for reimbursement include purchase of personal use items, alcoholic beverages and entertainment (incln.lin . in -mom movies . All requests for city -related travel must be reviewed/approved by the Phasing Review Committee (PRO prior to making any trawl its or arrangements. Estimated cost information must be sent to the Finance Department/Purchasing Division. Upon approval by the MC, travel plans may be made. PRC approval numbers must be noted on expense reports and invoices submitted for payment or reimbursement Existing City purchasing policies and procedures must be followed when obtaining cost estimates, and making arrangements associated with travel. See Municipal Code, Chapter 2.60 regarding Purchasing polices and procedures. A. Transportation. Page 1 of 7 Deleted: sad Deleted: 30 The following modes of transportation may be allowed for the purpose of ,traveling onv . { Deleted: City business: 1. Air Travel. ,Allowance for air travel will be actual roundtrip via coach or tourist class accommodation. Receipts for air passage must be retained for submission with the Travel Expense Report. 2. Personal car. With specific approval from the department head or the City Manager, personal cars may be used for out-of-town travel. Reimbursement shall be based on actual mileage used for the official travel. Any mileage used for personal purposes or otherwise not directly related to official City business shall be deducted from total miles traveled to arrive at the net reimbursable mileage. Reimbursement shall be at the prevailing IRS standard mileage rate. When use of a personal vehicle is authorized, individuals shall adequately account for their use of the personal vehicle on a daily basis on the Travel Expense Report. Total reimbursable transportation expense through use of a personal car shall in no case exceed the allowable expense of transportation by air when one is available to such destination. 3. City -owned vehicle. Use of City -owned vehicle shall be authorized when this mode of transportation can be demonstrated as the most economical means available. For determining advisability of usage, employees shall be supplied with estimated cost of travel via a City -owned vehicle by Public Works upon request. Use of a City -owned vehicle shall not be authorized when the estimated cost exceeds the authorized cost of air travel_ When use of a City -owned vehicle is authorized, individuals shall adequately account for their use of the City -owned vehicle on a daily basis in the Travel Expense Report. Individuals shall be charged at the prevailing IRS standard mileage rate for every mile of personal use of the City -owned vehicle. The cost of personal use of a City -owned vehicle shall be deducted from the total allowable travel expenses. Individuals who experience car trouble with a City -owned vehicle while on out-of- town travel, should contact the Public Works Department as soon as possible for direction. If it is after work hours or on the weekend., contact the Police Department Dispatch at (619) 336-4411, and they will get in touch with Public Works staff Ail receipts for such repairs must be pre -„authorized by Public Works and retained_and forwarded to Public Works for approval prior to reimbursement. In the event of an accident while using a City -owned vehicle, the traveler should refer to the `Accident Packet' in the glove box of each vehicle for detailed instructions on how to proceed, then notify Police Dispatch and Public Works.mmediately. B. Lodging. 1. General provisions. Reimbursement will be made for the cost of lodging required to conduct the assigned City business. Dated receipts and meeting and travel schedules must be retained for submission with the Travel Expense Report. Lodging will be allowed for the night prior to the commencement of the meeting if the time set for the start of the meeting requires the individual to leave home prior to 6 a.m. of the day of the meeting. Lodging will be allowed for the night following the Page 2 of 7 1 Formatted: Indent: Left: 0.13" 1 Deleted: The City shall obtain an exclusive travel management company " for the Ctiy's air travel requirements to better monitor air travel costs, to simplify procurement of air passage and to avail of discounts when available. The Purchasing Department shall periodically obtain proposals for an exclusive travel management services, evaluate the proposals and make a recommendation for Council approval. Upon selection of an exclusive travel management company, individuals shall purchase plane tickets from such specified travel agency,T I Deleted: area --j Deleted: uthorieed to pay for emergency repairs of a City -owned 't vehicle while on out-of-town travel. Deleted: Deleted: car Deleted: orPD Dispatch .' Deleted: l0 meeting if the employee could not have arrived home prior to 12:00 midnight following the meeting. Lodging in connection with separate, consecutive meetings or conferences shall be permitted if it is less costly than returning to the city for the nights between the meetings. In instances where an individual has the option to travel by air and the individual opted to travel by car, reimbursement for lodgingshall be allowed on the same basis as if the individual traveled by air. 2. Rate of reimbursement. Lodging reimbursement shall be based on the single room rate charged at the headquarters hotel for the conference or the hotel most proximate to the site of the meeting. If the hotel has different rates for single room accommodation, the individual shall be entitled to reimbursement for no more ttlan the a rate. In at... the ---•-•- second least expensive °. un. event individual occupies a more expensive room accommodation. (e.g. multiple occupancy), they will be reimbursed at the rate for single occupancy. The employee shall have the hotel indicate on the bill whether the room is for single or multiple occupancy and the equivalent single occupancy rate if the accommodation is other than single occupancy. If the rate for single occupancy cannot be verified from the bill or receipt, the individual shall be reimbursed at 80% of the rate indicated on the bill. C. Meals. Reimbursement for meals shall be on the basis of actual cost. All meal receipts must be retained for submission with the Travel Expense Report. Receipts must be detailed and itemized showing exactly what was ordered: Credit card receipts will not be accepted for purposes of reimbursement. o claim reimbursement, travel .commencement and termination time; mustx be accounted for. Reimbursement for breakfast is not allowed on the day of departure unless the trip starts prior to 7:00 a.m. Reimbursement for dinner is not allowed on the day of return unless the trip ends later than 8:00 p.m. D. Registration Foes. Fees charged for registration at a conference or meeting which an individual is authorized to attend are reimbursable. Receipts or other acceptable evidence of the amount of the fees, such as a copy of the conference program/invitation setting forth the fee rates, shall be retained for submission with the claim form. E. Incidental Expenses. I __ Taxi and Bus Fares. Reimbursement will be allowed for taxi, bus,-. fare or other transportation costs when such transportation is necessary in the conduct of City business. Receipts must be provided for theses expenses, regardless of cost. ,Such expenses shall be itemized on the Travel Expense Report. 2. Communications. Telephone and telegraph charges will be reimbursed for official calls and wires only. Unofficial calls charged to the hotel bill should be identified and deducted from the total hotel bill. Page 3 of 7. Deleted: a Deleted, Deleted: In the event an individual seeking reimbursement is unable to submit meal receipts, reimbursement shall beat the prevailing IRS standard daily meal allowance rate. If meals are included in the registration fee or when three meals axe not required during partial days of travel, the prevailing IRS standard daily meal allowance rate shall be broken down according to the following pert enta get:, t ltrealdast . 25%1 . Lunch _ . 35%1 .. Direr.. 40% -1 _ Total . - 100°, y S For information regarding the current prevailing IRS standard daily meal allowance rate, the Finance Director should be consulted.' T. Deleted: time of Deleted: of travel Formatted: Bullets and Numbering Deleted: No receipts need be provided Deleted: etch Deleted: except for individual charges exceeding $10.0D Deleted: 101D 3. Parking, garage, and toll charges. Parking, garage, and toll expenses will be reimbursed when an automobile is used for transportation. Receipts must be submitted for reimbursement. 4. Tips, gratuities, and services fees. Customary tips of up to 20 percent will be permitted on reimbursable items. Tips shall be itemized on the claim form. 5, Miscellaneous. All items of expense not included in any of the other categories but which nonetheless can be clearly identified as incidental to the undertaking of sty business shall also be allowed reimbursement. Receipts for these items must be submitted. Examples of such expenses are public stenographer fees, duplicating expenses and the cost of publications of value to, the city being distributed at conference, F. P.O.S.T. Expenses. Expenditures in training Police Department personnel under the P.O.S.T. Program shall be authorized and reimbursed by the City in accordance with established P.O.S.T. guidelines. In case of conflict between the P.O.S.T. guidelines and this policy, the P.O.S.T. guidelines shall prevail but only in the case of expenditures properly reimbursable under the P.O.S.T. Reimbursement Program. G. Cash Advance. It is encouraged that individuals use their own money or credit cards to finance the trip and then claim reimbursement upon their return. If in the judgment of a department manager, estimated expenses for a contemplated out -of -city travel too high to expect the individual to finance the trip_ and be reimbursed upon their return, the department manager may authorize advance payment or a maximum of $200 to the employee. An advance in excess of S200 must have the approval of the City Manager. Approval of cash advance does not constitute approval for expenditure of the amount so advanced. All actual expenditures must be justified and approved based on limits and allowances set by this policy. 1 II. Procedurek A. Reimbursement of Business Travel Expenses. { Deleted: c Deleted: t Deleted: c -{ Deleted: e Deleted: ,. I. Deleted: PROCEDURES The individual shall submit a signed Travel Expense Report to the department Deleted:" director after completion of travel. Such report shall show the details of official - ' Deleted: •' business expenses incurred and should be accompanied by supporting documents required under this policy. The department director shall review the report for _ compliance with this policy and affix their signature to signify approval. The Travel r Deleted: " Expense Report must be forwarded to the Finance Department within three (3) _ .. Deleted:.' working days upon return. City Council members and members of boards and Page 4of7 -{ Deleted: 14 commission shall submit the Travel Expense Report to the City Manager for approval. B. Air. Allowance for air travel will be actual round trip via coach or tourist class accommodation. Travel Expense Reports will be accompanied by air passage receipts when filed. C. Personal Car. Individuals shall account for use of their vehicle on a daily basis through use of a Travel Expense Report, which is to be submitted when filing a claim. D. City -owned Vehicle. Authorized personal use of a City vehicle will be accounted for on a Travel Expense Report, which will be submitted when filing for reimbursement. Individuals will be charged the prevailing IRS standard mileage rate far each mile, and shall be deducted from the total allowable travel expenses. Emergency repair receipts must be submitted to Public Works for approval prior to reimbursement. E. Lodging. Receipts indicating date and occupancy status, accompanied by meeting and travel schedules much be submitted with the Travel Expense Report when filing a claim. F. Meals All meal receipts will be submitted with the Travel Expense Report. Rec is mush, be detailed and itemized, showing exactly what was purchased (not just credit card receipts). , G. Registration Fees. Receipts, or other acceptable evidence of the amount paid, must be submitted with the Travel Expense Report H. Incidental Expenses. Incidental expenses (except for alcohol, entertainment, and items for personal use) shall be itemized on the Travel Expense Report, and receipts shall be provided,, I. Cash Advance. Approved requests for travel advances shall be submitted to the Finance Dove -meat at least ten (10) working days before the start of travel. Funds will be released no earlier than three (3) working days prior to the trip departure date. Page 5 of 7. Delete& If tumble to submit receipts, the prevailing IRS standard daily meal allowance rate shall be reimbursed. Deleted: when appropriate and possible tpeleted: 10 Deletetk a The Finance Department shall deduct from the total expenses claimed, any expense item found to be inconsistent with this policy, and .shall furnish the employee with an itemized list of items disallowed, Any amount due the employee shall be, paid within __ ten (10) working days from receipt by the Finance Department of the Travel Expense Report. III:. Alternative Proof of Payment for Training; Expenses. A. individuals periodically request alternative proof of payment methods for reimbursable training expenses, (i.e., registration/tuition fees), advanced, when receipts ,T or cancelled checks are not available. i Deleted: o B. As an exception, only when receipts are impractical to obtsin, die following may be used in place of receipts or cancelled checks for reimbursement purposes„ 11 `l. Course announcement specifying the amount of fees, and 2. A document issued by the training institution indicating attendance or completion of the course by the employee„_ IV. Use of City Credit Card for Travel Purposes. ,ity..staff members occasionally attend job -related training _and conferences, upon approval of the City's Purchasing Review Committee (PRC). Job related trainin _js pften,required by state mandates. In order to make airline and hotel reservations, a 1 credit card number must be provided to guarantee the reservations. Deleted: Attachemem: Travel Expense Report (Appendix "All Deleted: e Delete(: a combination of Deleted: Deleted: I 1 may be used in place ofreceipticancelled check for reimbursement) purposes. Formatted: Not Hi lirtght Deleted: This Section establishes the City's basic policies and procedures for using credit cards in making service purchases on behalf of the City and payng for travel expenses when on City busioess.1 Every year, Deleted: whi Dew char fi 11 Delete: e j Deleted: usually rrior to use, any employee wishing to use a City -issued credit card, must read and adhere to the City's Credit Card Policy (Administrative Policy #3.141 _-___ Per Administrative Policy #3.14: ,Credit cards � may- never. be - - used tocumvent -- - - -----. cir.............--- established competitive purchasing procedures, or dollar limits established by the Cltv's Municipal Code, City Ordinances or Purchasing Division nrccedor:s. Credit cards shall only be used to- pay for "PRC" authorized travel and training expenses. Individuals may not use City credit cards for personal expenses even if the intent is to reimburse the City later. See Administrative Policy 3.14 for ccinr:ete rules and de:'ai s,_ Summary This Policy cannot cover every issue, exception or contingency that may arise in obtaining reimbursement for travel and training expenses incurred in the performance of official duties, and in the use of City credit cads. Individuals are expected to exercise good judgment and show proper regard for economy when traveling in conjunction with official City business. Any expense for which an individual requests reimbursement should directly and manifestly relate to the conduct of City business and, in the event of an audit, should leave no doubt that such expenditure was pro -approved by the Purchasing Review Committee. and is in fact reasonable and necessary in the conduct of City business. Accordingly, the basic Page6of7 Formatted: Not Highlight Formatted: Not Highlight Deleted: 'l A. Siatemeat of Policy.: 11 'il>Firrance will issue City credit cards to designated individuals as approved by the City Manager, or his/her designee. The set credit card limit is S5,000. The City Manager may also set "per transaction' limits at his/her discretion.¶ 1 Deleted: in Deleted: ing Deleted: Charging personal expenses on City credit cards is a misuse of City funds and a serious breach of the City's Civil Service Rules, and may be unlawful Doing so, even if the itnertt is to reimburse the City later, will result in disciplinary action, up to and including termination.' T a. Responerbilities.1 I <ir+Cardbeider. Purchase services on behalf of the City in accordance with these guidelines. Collect and surrender to the City Manager or huller designee all transaction receipts.'" <#>City Manager or Designee. Authorize issuance of credit cards and set credit limits; develop and implement departmental procedures to ensure that payments are appropriately reviewed and approved, processed in a timely manner and that all supporting documentation is rdainevl- mrlrneiled to mnrrthly standard that should always prevail is to use common sense and good judgment in the use and stewardship of City resources. This Policy shall supersede all previously -adopted policies and procedures pertaining to reimbursement for travel and training expenses and to the use of City credit cards, including Instruction Nos. 3.03, 3.04, 3.05 and 3.14 of the City Administrative Manual. This Policy satisfies the requirements of Government Code Sections 53232.2 and 53233.3. Related Policy References Government Code Sections: 53232.2, 53233.3 53233.4 Assembly Bill 1234 City Administrative Manual Policies 3.03. 3.04, 3.05, 3,14 Municipal Code, Chanter 2.60 Forms: Travel Expense Report: available from the Finance Department or the City's Intranet site. Credit Cardholder Use Agreement available from the Finance Department Prior Policy Amendments September 19, 2006 Page7 nfZ -b" 4•• Formatted: Indent: First Gne: 0.42"J Deleted: 10 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Reimbursement for Expenses Incurred in POLICY #109 The Performance of Official Duties ADOPTED: September 19, 2006 Purpose AMENDED/REVISED: 9/19/06 Government Code Sections 53232.2, 53233.3, and 53233.4, en, pursuant to AB 1234, require the governing body of a local agency to adopt- •• .written Pvlicy addressing reimbursement for travel and trainingexpenses"`e ineared in the performance of official duties. The City Council dee it desirable.:: ...adopt a uniform policy applicable to City employees, board an mission *embers, members of the City Council and other elected officials, 'tekouisement for such expenses. The purpose of this administrative : i':.;estash form policies and procedures concerning expenses incurs by Members-ofthe City Council, board or commission members, and City emp16)-TeillFwhile traveling or attending events on City business. I. Policy A City Councilinenitiqc. elected official, lard or commission member or City employee who is requiretral;;'n: trformance of their duties or to attend an• authorized meetin conference or seminar which is of direct benefit to the City shall be reimbursed for t sonable!‘ses incurred, including transportation, meals, lodging andanif Otherincidental expqiiies directly related to such official City business. .f • _ Exp ses c;ilty disallowed for reimbursement include purchase of personal use iterk alcoho cilia' and entertainment. Expenses incurred by members of the em yee's fam- areenot reimbursable, except in the case of executives, board and cossion members, City Councilmembers, or elected officials, the incremental cost of aupancy room accommodation at meetings with formal spouse programs is reimbursable. A. Transportation. The following modes of transportation may be allowed for the purpose of traveling on City business: 1. Air Travel. The City shall obtain an exclusive travel management company for the Ctiy's air travel requirements to better monitor air travel costs, to simplify procurement of air passage and to avail of discounts when available. The Purchasing Department shall periodically obtain proposals for an exclusive travel management services, evaluate the proposals and make a recommendation for Page 1 of 9 Council approval. Upon selection of an exclusive travel management company, individuals shall purchase plane tickets from such specified travel agency. Allowance for air travel will be actual roundtrip via coach or tourist class accommodation. Receipts for air passage must be retained for submission with the Travel Expense Report. 2. Personal car. With specific approval from the department head or the City Manager, personal cars may be used for out-of-town travel. Reimbursement shall be based on actual mileage used for the official travel. Any mileage used for personal purposes or otherwise not directly related to official City business shall be deducted from total miles traveled to arrive at the net reimbursable mileage. Reimbursement shall be at the prevailing IRS standard mileage r When use of a personal vehicle is authorized, individuals shall adequa y account for their use of the personal vehicle on a daily basis on e. Expense R ort...:Total reimbursable transportation expense through use of a peion.` ;car shall lir-no case exceed the allowable expense of transportation byair when ones':ailab`e to such destination. 3. City -owned vehicle. Use of .City -owned vehicle shall be authorized when this mode of transportation can be demonstrated as the most economical means available. For deteriring advisability of usage, employees shall be supplied with estimated cost of travel' via a City -owned vehicle by Public Works upon request. Use of a City -owned vel i-cle shall not be authorized when the estimated cost exceeds the authorized cost.of aitti'svel When use of a City -owned velii le is authorized, individuals shall adequately account for their use of the City -owned ve%§le.:..on*-daily basis in the Travel Expense Report. individuals shall,be :charged'° the prevailing IRS standard mileage rate for every mile of personal use ,cif the City -owned vehicle. The cost of personal use of a City -owned vehicle shall b deducted from th600tal allowable travel expenses. Indi duaals e.au _zed to pay for emergency repairs of a City -owned vehicle while on 6t-of town. vet: , .11'receipts for such repairs must be retained and forwarded to Pultc Works foproval prior to reimbursement. ' dgi .. 1. General provisions. Reimbursement will be made for the cost of lodging required to conduct the assigned City business. Dated receipts and meeting and travel schedules must be retained for submission with the Travel Expense Report. Lodging will be allowed for the night prior to the commencement of the meeting if the time set for the start of the meeting requires the individual to leave home prior to 6 a.m. of the day of the meeting. Lodging will be allowed for the night following the meeting if the employee could not have arrived home prior to 12:00 midnight following the meeting. Page 2 of 9 Lodging in connection with separate, consecutive meetings or conferences shall be permitted if it is less costly than returning to the city for the nights between the meetings. In instances where an individual has the option to travel by air and the individual opted to travel by car, reimbursement for lodging shall be allowed on the same basis as if the individual traveled by air. 2. Rate of reimbursement. Lodging reimbursement shall he based on the single room rate charged at the headquarters hotel for the conference or the hotel most proximate to the site of the meeting. If the hotel has different rates for single room accommodation, the individual shall be entitled to reimbursement for no more than the second least expensive rate. In the event the individual, occupies a more expensive room accommodation (e.g. multiple occupancy), they 1411 be reimbursed at the rate for single occupancy. The employee shall have the hotelicate on the bill whether the room is for single or a multiple occupancy and the equivalent s - gle occupancy rate if the accommodation is other than singl&'-ocezpancy. .e rIke for single occupancy cannot be verified from the bill or receipt -the individualshall be reimbursed at 80% of the rate indicated on the bill,,,.` City Councilmembers, board and commission membLeis . elected officials and executives may be reimbursed at the double occupancy_ `wi ,ai mparued by their spouses to conferences with a formal spouse pro gram = ,:•,. C. Meals. Reimbusement°'for meals shall be-on,the basis of actual cost. All meal receipts must be retainectfor submission: with the Travel Expense Report. In the event an individual se`eiing reimbmement is unable to submit meal receipts, reimbursement shall be at the Ve.yailing IR standard daily meal allowance rate. If meals are included in the:gist;.fer p when three meals are not required during partial days of tra'l, the proailing-IRS standard daily meal allowance rate shall be broken down accord to the *owing percentages: Brem" Ea unch '•' , 3'S% IBir 40% 100% For info ation. it6garding the current prevailing IRS standard daily meal allowance rate, the Finance Director should be consulted. In claiming reimbursement, time of commencement and termination of travel need to be accounted for. Reimbursement for breakfast is not allowed on the day of departure unless the trip starts prior to 7:00 a.m. Reimbursement for dinner is not allowed on the day of return unless the trip ends Iater than 8:00 p.m. D. Registration Fees. Fes charged for registration at a conference or meeting which an individual is authorized to attend are reimbursable. Receipts or other acceptable evidence of the Page 3 of.9 amount of the fees, such as a copy of the conference program/invitation setting forth the fee rates, shall be retained for submission with the claim form. E. Incidental Expenses. 1. Taxi and Bus Fares. Reimbursement will be allowed for taxi, bus fare or other transportation costs when such transportation is necessary in the conduct of City business. No receipts need be provided for such expenses, except for individual charges exceeding $10.00. Such expenses shall be itemized on the Travel Expense Report. 2. Communications. Telephone and telegraph.,charges will be reimbursed for official calls and wires only. Unofficial calls charged t a the hotelbill should be identified and deducted from the total hotel bi11:3: 3. Parking, garage, and toll charges. Parking;,. garage, and toll expenses will be reimbursed when an automobile iswed for transportation. �t. 4. Tips, gratuities, and,sa :fees.'' Qustomary tips of up to 20 percent will be permitted on reimbursable items 'I ipps l;be itemized on the claim form. 5. Miscellaneous: All items of expense¢ot included in any of the other categories but which nonetheless can be clearly identified as incidental to the undertaking of city business shall also be Mowed reimbursement. Examples of such expenses are public stenographer fees, duplicating expenses and the cost of publications of value ot the:city gdistriuted at conference. F. P.O S:T.15xpenses. Expenditures in` training,.; bee Department personnel under the P.O.S.T. Program shall be authorized .and reimbursed by the City in accordance with established P.O.S.T. guidelines.,` case of conflict between the P.O.S.T. guidelines and this policy, the P.0$.T. guidelines shall prevail but only in the case of expenditures properly reimburseable under the P.O.S.T. Reimbursement Program. '-.. }. G. _Bash Advance. It is encouraged that individuals use their own money or credit cards to finance the trip and then claim reimbursement upon their return. If in the judgment of a department manager, estimated expenses for a contemplated out -of -city travel is too high to expect the individual to finance the trip and be reimbursed upon their return, the department manager may authorize advance payment or a maximum of $200 to the employee. An advance in excess of $200 must have the approval of the City Manager. Page 4 of 9 Approval of cash advance does not constitute approval for expenditure of the amount so advanced. All actual expenditures must be justified and approved based on limits and allowances set by this policy. II. PROCEDURES A. Reimbursement of Business Travel Expenses. The individual shall submit a signed "Travel Expense Report" to the department director after completion of travel. Such report shall show the details of official business expenses incurred and should be accompanied by supporting documents required under this policy. The department director shall review the report for compliance with this policy and affix their signature to signify anal. The "Travel Expense Report" must be forwarded to the Finance Departmeiiit•; Within time (3) working days upon return. City Councilmembers and members*. boards and commission shall submit the Travel Expense Report'':;to the City "meager for approval. B. Air. Allowance for air travel will be act fat; _strip .via. coaqh or tourist class accommodation. Travel Expense Reports will he aCconipearied by air passage receipts when filed. C. Personal Car. Individuals shall account for', use of thelt,vehielb on a daily basis through use of a Travel Expense Repo --which to be submitted when filing a claim. D. City -cad Vehu Authorized personal we of a City ebicle will be accounted for on a Travel Expense Report, which Will be sublpitted`When filing for reimbursement. Individuals will be char • iiaillikIRS standard mileage rate for each mile, and shall be deducted • I n. the totalowab`vel expenses. Em: yy` cy repair eceipts must be submitted to Public Works for approval prior to reimb ent. ffi E. Lodging. Receipts indicating date and occupancy status, accompanied by meeting and travel schedules much be submitted with the Travel Expense Report when filing a claim. F. Meals All meal receipts will be submitted with the Travel Expense Report. If unable to submit receipts, the prevailing IRS standard daily meal allowance rate shall be reimbursed. Pages of 9 G. Registration Fees. Receipts, or other acceptable evidence of the amount paid, must be submitted with the Travel Expense Report. H. Incidental Expenses. Incidental expenses shall be itemized on the Travel Expense Report, and receipts shall be provided when appropriate and possible. I. Cash Advance. Approved requests for travel advances shall be submitted to the -finance Department at least ten (10) working days before the start of travel. Funds' V W- be releasepl no earlier than three (3) working days prior to the trip departure date. The Fianance Department shall deduct from the total expenses claimed, an*expense item found to be inconsistent with this policy, and shall furnish the employee with an itemized list of items disallowed. Any amont due the emoployee shale paid within ten (10) working days from receipt by the Finance Department of the Travel Expense Report. Attachment: Travel Expense Repdrt(ppendix "A"). III. Alternative Proof of Payment for Training Expenses. A. Individuals periodically request alternative proof of payment methods for reimburseable training -expenses, (i.e., registration/tuition fees), advanced, when receipts or cancelled checks are notavailaile. B. As an exception, onlyhen receipts are impractical to obtain, a combination o£ d<. - =r. Cain announcement specifying the amount of fees, and 2. document issued by the training institution indicating attendance or �A letion of the course by the employee may be used in place of receipt/cancelled check for reimbursemetn purposes. IV. Use of City Credit Card. This Section establishes the City's basic policies and procedures for using credit cards in making service purchases on behalf of the City and payng for travel expenses when on City business. Every year, City staff attend job -related training and conferences, which are usually required by state mandates. In order to make airline and hotel reservations, a credit card number must be provided to guarantee the reservations. Page 6 of 9 A. Statement of Policy. I. Finance will issue City credit cards to designated individuals as approved by the City Manager, or his/her designee. The set credit card limit is $5,000. The City Manager may also set "per transaction" limits at his/her discretion. 2. Credit cards may never be used to circumvent established competitive purchasing procedures. 3. Credit cards shall only be used in paying for authorized travel and training expenses. Credit cards shall be checked out from an assigned department remisentative before travel/training, and the card will be retuned after each use. The crWit card is -not approved for permanent placement with an individual. • '[ • 40' 4. Individuals may not use City credit cards for peraonal expenses even if the intent is to reimburse the City later. s g perOenal expenses on City credit cards is a misuse of City funds and a serious of the City's Civil Service Rules, and may be unlawful. Doing so, evqu tapt io reimburse the City later, will result in disciplinary action, up to and fncluig tatloa B. Responsibilities. _e# „J.." I. Cardholder. Prise sites on behalf of the City in accordance with these guid4mesCollet and surrender to the City Manager or his/her designee all tr*Actioltpts. 2. Citi'*Ina or,Dniftiaee. Authorize issuance of credit cards and set credit liFinits.;..develop,and inipreiiient departmental procedures to ensure that payments arF.,4prapOtely revived and approved, processed in a timely manner and that all supporting deiimentaticip is retained, reconciled to monthly statements and attached , to pa.Meilt •v6*,4ers: and oversee implementation of these guidelines. hnpleinettioocedir . to insure that credit cards will be kept in a secure area when notfin use by bai.etholderielslotify Finance Department of all changes in cardholders. fr. 3. : Finance Department Establish relationship with issuing bank, issue 4,card4- as requested by City Manager or his/her designee in accordance with these' &lifelines; process credit card payment vouchers in accordance with the City's accounts payable policies and procedures; ensure that the monthly statement is paid in full on a timely bases; help resolve billing disputes; replace lost or stolen cards; and maintain an accurate list of all current cardholders. 4. Human Resources Department. Retrieve credit cards from employees separating from the City. C. Procedures Page 7 of 9 1. Requesting Credit Cards. After first obtaining the approval of the City Manager or his/her designee, department heads should submit credit card requests to Finance via memorandum or email to approve credit card limits. 2. Criteria. Credit cards will only be issued to designated individuals. Department heads should consider the following factors in obtaining credit cards approved from the City Manager or his/her designee: ® Ability to hold the individual accountable for purchases made on the credit card. • Department heads should consider added discretion in authorizing designated individual's use of credit card and the increased potential for abuse in approving credit cardholders. r, ti4i'•. 3. Cardholder Agreement. Before receiving a credit card; an individual will sign a "Credit Cardholder Use Agreement" ,(Appendix-'"B") :setting forth the individual's obligation under this program. 4. Timely Payment. Within-, their respective, `departments, department heads are responsible for ensuring that eaek credit statement (along with appropriate supporting documentationdocumentation,*44eiledto,the statement) is submitted to Finance for payment in a timely manner:' Any1ate proCeisgiiig,by a cardholder will be brought up to the department head's attention, and after review of circumstances, the Director of Finance will recommend to he department head appropriate follow-up action, including cancellation of card.: privileges. ;# In such circumstances, the department head should also consider imposition of disciplinary action on the cardholder. 5. Disputed Charges. Car",dholders are responsible for ensuring that vendor and issuing bank arc notified .immediately of any disputed charges. Departments shon.pay the statement in full, including disputed amounts, to avoid finance charge andte fees; wlien resolved, this will result in a credit to the account on the next ably s ternent. • tandard Process for Payment. The City's standard accounts pay4'ble systein,..t i11 be ed in processing monthly credit card statements for payment. Supporting docu ientatk n for credit card payments should be the same as for any other:: accounts payable item. This means that original invoices (or receipts) along with cr tt card receipts must be retained, reconciled to the credit card statement and attached tort/ e-payment voucher. 7. Credit Card Processing Fees. There will be a nominal processing fee by the issuing bank. This charge is the department's cost responsibility. 8. Lost of Stolen Cards. Cardholders are responsible for ensuring that the issuing bank and the Department of Finance are notified immediately if the card is lost or stolen. Failure to do so . may result in making the cardholder responsible for any fraudulent use of the card. Page 8 of 9 9. Disciplinary Action. Within their respective departments, department heads are responsible for all disciplinary action surrounding misuse of credit cards, including requesting cancellation of card privileges. 10. Return of the Card Upon Request or Termination. Cardholders will immediately surrender their credit card upon request of their department head. The Human Resources Department is responsible for retrieving the credit card when an employee separates from the City. Use of the credit card for any purpose after its surrender or employee termination is prohibited. SUMMARY This Policy cannot cover every issue, exception or contingency that may arise in obtaining reimbursement for travel and training expenses incurred hi; the performance of official duties, and in the use of City credit cards. Individuals are expected to exercise good judgment and .show proper regard for economy when traveling in conjunction with official City business; :Any expense for which an individual requests reimbursement should directly and manifestly relate to the conduct of City business and, in the event of an audit, should leave no doubt that such expenditure is in fact reasonable and necessary in the conduct of City business. Accordingly, the basic standard that should always prevail is to use common sense and good judgment in the use and stewardship,of City resources. This Policy shall supersede all previously -adopted policies and procedures pertaining to reimbursement for travel and training expenses : and to the use of City credit cards, including Instruction Nos. 3.03, 3.04, 3:05 and 3.14 of the City Administrative Manual. This Policy satisfies the requirements of Government Code Sections 53232.2 and 53233.3. •A.s..• k v . 1 Page 9 of 9 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Display of Flags POLICY #110 ADOPTED: July 14,1987 AMENDED: Purpose To establish a policy regulating when the flag of the United Ste-4 to flag of the State of California and the flag of the City of National City should .flown at half-staff. This policy shall also establish guidelines governing the flying: following flags on City property: Permanent Flags United States of America State of California City of National City Ceremonial Flags Army. Navy Marine Corps Air Force United States Coast Guard POW Army Retired Navy Retired Airr World War lfCominemtive Korean War Veterans Vi,etinam Veterans`` .i' Polite r The City of Natio al City Observes the following protocol with respect to the display of the flags. 1) The flags will be displayed from s mrise to sunset unless properly lit. 2) The flags will be hoisted briskly and lowered ceremoniously. 3) The flags will not be displayed on days when the weather is inclement, except when an all-weather flag is displayed. 4) When flying the flags at half-staff, the flags will be hoisted to the peak for an instant and then lowered to the half-staff position. 5) The City Manager is authorized to display at all City buildings the United States flag at half-staff in accordance with the rules set forth below and at such times as may be prescribed by the President of the United States, the Governor of the State Page 1 of 3 TITLE: Display of Flags POLICY #110 ADOPTED: July 14,1987 AMENDED: of California, or the Mayor of the City of National City with the concurrence of the City Council. a) Thirty days from the death of a President or former President b) Ten days from the day of death of a Vice -President, Chief Justice of the United States or a Speaker of the House of Repres atiyes. c) The day of death and on the following day for a United States Senator or Representative, the Governor of the State<df 'alifornia, and any elected official of the City of National City. d) On the closest working day to the date of internment for an employee of the City of National City. 6) The flags will be flown at half-staff on the- wing days: a) Memorial Day until noon b) Patriot Day, September 11 When flying the flags at half-staff, the flags will be hoisted to the peak for an instant and then lowered to thk`halfstaff position. 7) At Kimball Bowl. the United States, State of California, and the City of National City flags will be flovvn 24 hours, 7 days a week, except in the case of inclement weather. These :flags shall be lit during :nighttime hours. 8) All City locations at havetifl� will fly the United States and the State of Calif rn a flags on the. olidayslisted below. In addition, the Kimball Bowl will -fly ceremonial flags on c }n holidays as listed below: :.`a) Inauguration`Day- asp designated President Darr- 3Td Monday in February c) .`Mined Force Day- ri Saturday in May d) Mevdrial lay- the last Monday in May e) FlagD&- June 14 f) Independence Day- July 4 g) Labor Day- 1st Monday in September h) California Admission Day- September 9 i) Patriot Day- September 11 j) Veteran's Day k) Pearl Harbor Day- December 7 1) Other days that may be proclaimed by the President of the United States, or the Governor of the State of California 9) The following departments are responsible for raising and lowering the flags at the listed locations: Page 2 of 3 TITLE: Display of Flags POLICY #110 ADOPTED: July 14,1987 AMENDED: a) Las Palmas Park/Pool- Recreation Department b) Library -Public Works Department c) Civic Center -Public Works Department d) Police Department -Public Works Department e) Fire Department (Stations #15 and #10)- Fire Department f) Kimball Bowl -Public Works DepartmentA., g) Las Palmas Snack Bar- Sports Teams using fi9k._ h) Kimball Recreation Center (south side)- Pa'Dion 10) The Public Works Department shall assume responsibility i for the display of ceremonial flags at Kimball Bowl. r .. Related Policy References Flag Code: California State Governor Flag Code: Office of the President of the meted States Prior Policy Amendments December 2, 2008 Page 3 of 3 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Display of Flags POLICY #110 ADOPTED: July 14,1987 AMENDED: `I Deleted: oceembee 2, nos I; Purose To establish a policy regulating when the flag of the United States, the flag of the State of California and the flag of the City of National City should be flown at half-staff. This policy shall also establish, guidelines governing the flying of the following flags on Property: Deleted: guoddtinea Deleted: 15 Permanent Flags United States of America State of California City of National City Ceremonial Flags Army Navy Marine Corps Air Force United States Coast Guard POW Army Retired Navy Retired Air Force Retired World War II Commemorative Korean War Veterans Vietnam Veterans Policy The City of National City observes the following protocol with respect to the display of the flags. 1) The flags will be displayed from sunrise to sunset unless properly lighted 2) The flags will be hoisted briskly and lowered ceremoniously. 3) The flags will not be displayed on days when the weather is inclement, except when an all-weather flag is displayed. 4) When flying the flags at half-staff, the flags will be hoisted to the peak for an instant and then lowered to the half-staff position. 5) The City Manager js authorized to display at all City buildings the United States flag at half-staff in accordance with the rules set forth below and at such times as may be prescribed by the President of the United States, the Governor of the State of California, or the Mayor of the City of National City,with the concurrence of the City Council rage I of 3 Del a) Thirty days from the death of a President or former President b) Ten days from the day of death of a Vice -President, Chief Justice of the United States or a Speaker of the House of Representatives. c) The day of death and on the following day for a United States Senator or Representative, the Governor of the State of California, and any elected official of the City of National City. d) On the closest working day to the date of internment for an employee of the City of National City. 6) The flags will be flown at half-staff on the following days: a) Memorial Day until noon b) Patriot Day, September 11 When flying the flags at half-staff, the flags will be hoisted to the peak for an instant and then lowered to the half-staff position. 7) At Kimball Bowl, the United States, State of California, and the City of National City flags will be flown 24 hours, 7 days a week, except in the case of inclement weather. These flags shall be litduring nighttime hours_ -- ! Deleted: gbted 8) All City locations that have flags, will fly_ the United States and the State of _ . • Deleted: California flags on the holidays listed below. In addition, the Kimball Bowl will fly ce_emonialftags on certain holidays as listed below: a) b) c) d) e) f) g) h) i) j) k) l) Inauguration Day- as designated President Day- 3rd Monday in February Armed Forces Day- 3'd Saturday in May Memorial Day- the last Monday in May Flag Day- June 14, Independence Day- July 4 L Labor Day- 1a Monday in September California Admission Day- September 9 Patriot Day- September 1 I - Veteran's Day Pearl Harbor Day- December 7 L Deleted: other i Deleted: January 29 ' Deleted: - j Deleted: (Ceremonial flags will be ' flown at Kimball Bowl - see above) Deleted: (Ceremonial flags will be flown at Kimball Bowl - see above) -f Deleted: (Ceremonial flags will be flown at Kimball Bowl) Delete& (Ceremonial flags will be flown at Kimball Bowl) Other days that may be proclaimed by the President of the United States, or (Ceremonial flags will be the Governor of the State of California flown at Kimball Bowl) 9) The following departments are responsible for raising and lowering the flags at the listed locations: a) Las Palmas Park/Pool- Recreation Department b) Library -Public Works Department T c) Civic Center -Public Works Department d) Police Department -Public Works Department e) Fire Department (Stations #15 and #10)- Fire Department 0 Kimball Bowl -Public Works Department g) Las Palmas Snack Bar- Snorts Teams using fields h) Kimball Recreation Center (south side)- Parks Division 10) The Public Works Department 1chall assume responsibility for the display of ...--- ceremonial flags at Kimball Bowl, Page 2 of 3 Deleted: Parks and Deleted: Upon establishment, the l National City Military Affairs Advisory Committee Related Policy References Flag Code: California State Governor Flag Code: Office of the President of the United States,_ Prior Policy Amendments December 2, 2008 Page 3 of 3 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Display of Flags POLICY #110 ADOPTED: July 14, 1987 AMENDED/REVISED: December 2, 2008 Purpose To establish guidelines governing the flying of the following 15 flags: United States of America State of California City of National City Army Navy Marine Corps Air Force United States Coast Guard POW Army Retired Navy Retired Air Force Retired World War II Commemorative Korean War Veterans Vietnam Veterans _ r • Policy - The City of Nati-61ml ity observItypwefollowing protocol with respect to the display of the flags. • 1) 41i&flwillb displayed from sunrise to sunset unless properly lighted 2).The flagU beWed briskly and lowered ceremoniously. 3)he flags vial not be displayed on days when the weather is inclement, except an all*ather flag is displayed. 4) Tli(J:y Manager is authorized to display at all City buildings the United States flag a -&-staff in accordance with the rules set forth below and at such times as the President of the United States, the Governor of the State of California, or the Mayor of the City of National City may, with the concurrence of the City Council, prescribe such action. a) Thirty days fro the death of a President or former President b) Ten days from the day of death of a Vice -President, Chief Justice of the United States or a Speaker of the House of Representatives. c) The day of death and on the following day for a United States Senator or Representative, the Governor of the State of California, and any elected official of the City of National City. Page 1 of 2 d) On the closest working day to the date of internment for an employee of the City of National City. 5) The flags will be flown at half-staff on the following days: a) Memorial Day until noon b) Patriot Day, September 11 c) When flying the flags at half-staff, the flags will be hoisted to the peak for an instant and then lowered to the half-staff position. 6) At Kimball Bowl, the United States, State of California, and the City of National City flags will be flown 24 hours, 7 days a week, except in the case of inclement weather. These flags shall be lighted during nighttime hours. 7) All locations will fly the United States and the State of Cal rnia flags, on the holidays listed below. In addition, the Kimball Bowl will fly oh:: lags onertain holidays as listed below: a) Inauguration Day- January 20th b) President Day- 3rd Monday in February c) Armed Forces Day- and Saturday in May (Ceremonial flags will be flown at Kimball Bowl) d) Memorial Day- the last Mondayr. in May (Ceremoni i'llags will be flown at Kimball Bowl) Flag Day- June 14 (Ceremo jal flags will be flown at Kimball Bowl) Independence Day- July 4;eremonial flags will be flown at Kimball Bowl) g) Labor Day- Is' Monday inSeptember h) California Admission Day- September 9 i) Patriot Day- September 11 (Ceremonial flags will be flown at Kimball Bowl) - . _. j) Veteran's Day(Ceremonial flags will be flown at Kimball Bowl) k) Pearl H rbor Dayspeecimber 7 (Ceremonial flags will be flown at Kimball Bl) Other days that maybe proclaimed by the President of the United States 8).: The following dea-tments are responsible for raising and lowering the flags at the fisted locati s: i a) Las Pplmas Park -Parks and Recreation Department ,Librj'yy-Public Works Department c vic Center -Public Works Department d) Police Department -Public Works Department e) Fire Department (Stations #15 and #10)- Fire Department f) Kimball Bowl -Public Works Department e) 1) 9) Upon establishment, the National City Military Affairs Advisory Committee shall assume responsibility for the display of ceremonial flags at Kimball Bowl Related Policy References none Page 2 of 2 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Utilization of City Vehicles in Non -Safety Related Capacities ADOPTED: February 9, 1988 Purpose To establish guidelines for the utilization of city vehicles including parades, funerals and other events. POLICY #111 AMENDED: in lion -safety related capacities • •••• ,:-...., Policy ••,,-.-:-.-•,,. City vehicles may be made available for parades ; funerals and other speCiat events which .4-- promote the City of National City or honor its employees or residents Re4uOits for such use must be approved by the City Manager with the .exceptian -of those acuities directly related to department operations, routine maintenance, --or road testing. The City Manager shall notify the City Council when requests are approved:- .•F 1. • . O. •• . • ' Related Policy Reference" New Administrative Polieyo Prior January cy Amendniiin*, 92 1- • •••••• • ;. • Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY r Deleted; TITLE: Utilization of City Vehicles in - r POLICY #111 Related Capacities ADOPTED: Fhraary 9,1988 AMENDEt Purpose To establish guidelines for the utilization of city vehicles in non- s related capacities including parades, funerals and other events. Policy City vehicles may be made available for parades_ funerals and other special events which promote the City of National City or honor its employees or . Requests for such use must be the City r:i;,e,h:c:,rwith the exception of those activities directly related to department operations, routine maintenance, or road testing. l,h i ,ill i�".!!'• JiU_ t it, t_tiLLli.. , Related Policy References New Administrative Policy # Prior Policy Amendments January 7,1992 Page. 1 of 1 I Deleted: Nos -Work Deleted: D/REVISE 1. 1/7/92 Deleted: work Forth: Font odor: Red Del citizens Deleted: presented to Dete6dd: Council Defebed: far apf,:nva1 Deleted: may or may not refer the itein to Deleted: for approval or as an information item ' Anyone rnq;estirg the use of a city vehicle oust provide supporting dacmnentation including the specific event application to the appsupa riapermarmt at least 20 working days prior ' to the application deadline- This application and all pertinent information shall then be forwarded to the City Manager's office for review and submission to the City Council for consideration.!! 1 All city incurred, direct costs associated with the use of the vehicle skill be identified or estimated including, but not limited to, entry fees, decorations, towing charges, aid driver Mary costs. The cost information will be submitted to the City Council for consideration along with relevant data about the proposed me.1 The Seagraves Fire Engine shall be towed (trailored) to all events outside of the city limits, unless specialcireunhstances are found to exist.1 A qualified driver, as determined by the department which operates the vehicle, shall be responsible for the vehicle and shall remain with the vehicle at all tames when participating in at event or on public display. The operation of the parade vehicle, at all times, shalt be the sole resporeibdity of the driver. The driver shall ant receive direction from anyone regarding the operation of the vehicle, with the exception of an authorized public safety ofnccer,1 Formatted: Outline Deleted: Only city officials and employees of the City of National City and the current Miss National City are permitted to ride on the vehicleThe City Council will have final authority to designate ail riders for the vehicle. Anyone riding on a city vehicle in a parade shall board at a pie -determined staging area and obey the instructions of the driver.1 Ddetaed: National City Fite Department Operations Manual National City Municipal Code, Chapter 2.12 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: UTILIZATION OF CITY VEHICLES POLICY #111 IN NON -WORK RELATED CAPACII IES ADOPTED: FEBRUARY 9,1988 AMENDED/REVISED: 1/7/92 Purpose To establish guidelines for the utilization of city vehicles in non=ork related capacities including parades, funerals and other events. 'p -y Policy -, Y a City vehicles may be made available for parades and: other spgcial'°ovs.hich promote the City of National City or honor its employees or citizens. Regrests foruch use must be presented to the City Council for approval with the exception o thhose activities directly related to department operations, routine m:Pr-road testier. /: x Anyone requesting the use of a city v le mud provide supporting documentation includingthespecific event lican to re department at least 20 working P ` days prior to the application deadline. This_ appAeationand all pertinent information shall then be forwarded to the CityM er's office *for review ew and submission to the City Council for consideration. s. All city incurred, direct coty:asse ed, the use of the vehicle shall be identified or estimated including,_ but not 1 tad to, entry fees, decorations, towing charges, and driver salary costs. The. cost r►`formation: *ill. be submitted to the City Council for consideration along with relevatt:data .about the *posed use. The S5gigraVes,E` a shall be towed (tailored) to all events outside of the city limits, unlessspecial ' tanceXare found to exist. A qu : lz driver, determined by the department which operates the vehicle, shall be responsitilor thevehicle and shall remain with the vehicle at all times when participating in an event or un public display. The operation of the parade vehicle, at all times, shall be the sole responsibility of the driver. The driver shall not receive direction from anyone regarding the operation of the vehicle, with the exception of an authorized public safety officer. Only city officials and employees of the City of National City and the current Miss National City are permitted to ride on the vehicle. The City Council will have final authority to designate all riders for the vehicle. Anyone riding on a city vehicle in a parade shall board at a pre -determined staging area and obey the instructions of the driver. Page 1 of 2 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: UTILIZATION OF CITY VEHICLES POLICY #111 IN NON -WORK RELATED CAPACITIES ADOPTED: FEBRUARY 9,1988 AMENDED/REVISED: 1/7192 Related Policy References National City Fire Department Operations Manual National City Municipal Code, Chapter 2.12 Page 2 of 2 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Document Reproduction POLICY #112 ADOPTED: October 17, 1989 AMENDED: Purpose -e. . To ensure that the reproduction of public records is canierAltut in a uni** manner throughout all City Departments. • public documents are available to the public The uniform fee schedule through an Adrninistrdtivete adjusted for inflation and other impacting fac* < Related Policy References City Administrative Policy #3.02 "Document Reprodli*n Procedures and Fee Schedule". - • The City Manager shall establish an administrative „SocedureNto ens-111101w 4ppropriate Mfg shall' g establish a wb.L., from &mite time will be Prior Policy Amendment None Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Document Reproduction POLICY #112 ADOPTED: October 17,1989 AMENDED/REVISED: Pose To insure that the reproduction of public records is carried out ia uniform manner throughout all City Departments. The City Manager shall establish an administrative procedure to insure 'that appropriate public documents are available to the public. The City Mer shall also establish a uniform fee schedule, which from time to time is adjusfed fvt'n and other .t_ impacting factors. Related Policy References r City Administrative Policy #301 "Document Reproduction Procedures and Fee Schedule". - :'.4 Y•. Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Unauthorized Disclosure of Information POLICY #113 Revealed in Closed Sessions ADOPTED: March 12,1996 AMENDED: Purpose. To establish a policy to prevent the unauthorized disclostxkiaf information revealed in closed sessions of the City Council, and to provide retries , _the event of any such unauthorized disclosure. Policy No person present in a closed session shall disclose, outside of the cloiegtareision, any information revealed in such closed session, without theyauthorizati4of a majority of the City Council. Any violation of this policy may Tie enforced by one of more of the following actions, as directed by a majority of the City'Cduticil: 1. Referral to the Office of the Dist et '44rncy for prosecution for €-• 2. Referral to the Office-:ofthe District -Attorney for.. prosecution for Government Code on 122.-; Government Code Section 1098. 3. Referral to the ce°:of `tl District A,irney for prosecution for Government -Code . Section1060. violation of violation of violation of 4. Rerral of a council: member-* has willfully disclosed confidential information in violation, Government Cur sectiom 54963 to the grand jury. 5. Obtainirsg an injunction to prevent further unauthorized disclosure of information revealed in a claied.sessioif. 6. In the event a a unauthorized disclosure is committed by a member of the City Council, that member may be censured by a majority vote of the City Council. Prior to imposing censure, the member subject to censure must first be provided 10 calendar days' notice of the City Council's intention to impose the censure, and be given an opportunity to respond to the proposed censure. 7. In the event an unauthorized disclosure is committed by a member of the City staff, that staff member may be subject to disciplinary action. Page 1 of 4 TITLE: Unauthorized Disclosure of Information POLICY #113 Revealed in Closed Sessions ADOPTED: March 12,1996 AMENDED: This policy shall not prohibit the making of a public report of actions taken in a closed session as required by Government Code Section 54957.1. Related Policy References City Council Policy #104 Government Codes 1098, 1222, 3060, 54957.1, 54963- City Attorney Memorandum: Original Feb. 29, 1996. 1 evised Jan. 7, 2013 (attached) Prior Policy Amendments None Page 2 of 4 TITLE: Unauthorized Disclosure of Information Revealed in Closed Sessions POLICY #113 ADOPTED: March 12, 1996 AMENDED: George H. Eiser, III City Attorney City of National City February 29, 1996 MEMORANDUM ReviJanuary 7, 2013 Clads di Silva :A.ttorney (:National City PUBLIC DISCLOSURE OF INFORMATION DISCUS'SToftfr IN CLOSED SESSION: PaSSIBLE REMEDIES Prohibited by the Rrown Act — Improller to Disclose • A person cannot disclose infon discussed -::in,:closed session without authorization of the City Council. GCode section 54963. f.. 4. • ti ee Remedies. under Government Code section 54963 (c) Violation of tiffs section may be addressed by the use of such remedies as are currently available•by law, including, but n'aited to: (1) In,,ef to prevent the disttoSure of confidential information prohibited by section:4y4 (20plinary actio`'ainst:Vi employee who has willfully disclosed confidential inforniain violatiof this section. (3) Referralmenr of a legislative body who has willfully disclosed confidential inf.-- on in violation of this section to the grand jury." City May Not Enact Criminal Ordinance + California Attorney General has held that a city may not adopt an ordinance making it a misdeua.eanor for any person present during a closed session of the city council meeting to publicly disclose the substance of any discussion properly held during the session unless authorized by the city council. (76 Ops. Cal. Atty. Gen 289 (1993).) Page 3 of 4 TITLE: Unauthorized Disclosure of Information POLICY #113 Revealed in Closed Sessions ADOPTED: March 12,1996 AMENDED: Additional Possible State Law Violations • Any current public officer or employee who willfully and knowingly discloses for pecuniary gain, to any other person, confidential information acquired by him or her in the course of his or her official duties, or uses any such information for the purpose of pecuniary gain, is guilty of a misdemeanor. (Governu .t Code §1098.) • Every willful omission to perform any duty enjoinedy law upon any public officer, or person holding any public trust or employment, where no special provision is made for the punishment of such delinquency; is punishable as _ misdemeanor. (Government Code §1222; Adler v. City -Council of the City of Cuher City (1960) 184 Cal. App. 2d 763, 7 Cal. Rptr. 805.) f • An accusation in writing against any officer of a district, county, or city, including any member of the governing board of personnel commission of a school district or any humane officer, for willful or corrupt: misconduct in Office, may be presented by the grand jury of the county for or in which the officer accused is elected or appointed. An accusation may not be presented without the concurrence of at least 12 grand jurors. (Goovernrnei ode §3060:) h-y . ,h Injuncti • An injunction may be obtained pr-ev it future public disclosure of information discussed closed secs n. (GoVettient Code §54960; Sacramento Newspaper Guild v. Sacrament-o. Coiwty: board of Supervisors (1968) 263 Cal. App. 2d 41, 69 Cal,: Rptr. 480.) • Censure • Although ere is no: specific statutory or case authority for censure of a city councilmember., one<r`eported decision (Braun v City of Taft (1984) 154 Cal. App. 3d 332, 201 Cal. Rptr. 654 involved the censure of a councilmember by a city council for release of city documents claimed to be confidential. The court set aside the censure action, finding that the documents released were in fact not confidential. If censure for public release of information discussed in closed session is to be imposed, the city council should have previously adopted clear, unambiguous rules of conduct which specifically authorize censure for such conduct. The individual subject to censure must also have notice and the opportunity to be heard before the censure is imposed. Under the First Amendment, censure is not appropriate for expansion of unpopular views, unless their expression substantially disrupts the council meeting. (Richard v. City of Pasadena (1995) U.S. Dist. Ct. C.D. Cal.) Page 4 of 4 CITY COUNCIL POLICY CITY OF NATIONAL CITY !'d'I=LE: Unauthorized Disclosure of Information POLICY #113 Revealed in Closed Sessions ADOPTED: March 12, 1996 AMENDED: Purpose To establish a policy to prevent the unauthorized disclosure of information revealed in closed sessions of the City Council, and to provide remedies in the event of any such unauthorized disclosure. Policy No person present in a closed session shall disclose, outside of the closed session, any information revealed in such closed session, without the prior authorization of a majority of the City Council. Any violation of this policy may be enforced by one of more of the following actions, as directed by a majority of the City Council: 1. Referral to the Office of the District Attorney for prosecution for violation of Government Code Section 1098. 2. Referral to the Office of the District Attorney for prosecution for violation of Government Code Section 1222. 3. Referral to the Office of the District Attorney for prosecution for violation of Government Code Section 3060. �- ,tefc ral of a cowtcd rnemt7ci v'ho has :villiully disclo,44 ec:ntidenii; 1 infeTniation in jDeleted: _ vioiatio:) Government Code section 54963 to the erand jury. „Obtaining an injunction to prevent further unauthorized disclosure of information ; Deleted: revealed in a closed session. __In the event an unauthorized disclosure is committed by a member of the City raeieted: _ Council, that member may be censured by a majority vote of the City Council. Prior to imposing censure, the member subject to censure must first be provided 10 calendar days' notice of the City Council's intention to impose the censure, and be given an opportunity to respond to the proposed censure. In the event an unauthorized disclosure is committed by a member of the City staff, !Deleted: _ that staff member may be subject to disciplinary action., Detete& Page 1 of 4 TITLE: Unauthorized Disclosure of Information POLICY #113 Revealed in Closed Sessions ADOPTED: March 12,1996 AMENDED: This policy shall not prohibit the making of a public report of actions taken in a closed session as required by Government Code Section 54957.1. Related Policy References City Council Policy #104 Government Codes 1098, 1222, 3060, 54957.1, 54962 Prior Policy Amendments None Page 2 of 4 George H. Eiser, III City Attorney City of National City February 29,1996 Revised January 7. 2013.. Claudia G. Silva City Attorney City of National City PUBLIC DISCLOSURE OF INFORMATION DISCUSSED IN CLOSED SESSION: POSSIBLE REMEDIES ,Prolilhited by the Brown Act — Improper to Disclose • ,'*'rsi'a . information discussed in closed session without authorization of the City Council Remedies under Government Code section 54963 "(c) Violation of this section maybe addressed by the use of such rmedies as ,-rre currently available by law, including, but not limited to: Tniunctive relief to prevent the disclosure of conlide.ntial inforn wooly prohibited by this section. (2) Disciplinary action against an employee who has willfully disclosed confidential information in violation of this section. (3) Referral of a member of a legislative body who has willfully disclosed confidential information in violation of this section to the grand jury." City May Not Enact Criminal Ordinance • California Attorney General has held that a city may not adopt an ordinance making it a misdemeanor for any person present during a closed session of the city council meeting to publicly disclose the substance of any discussion properly held during the session unless authorized by the city council. (76 Ops. Cal. Atty. Gen 289 (1993)) Addition Possible State Law Violations Page 3 of 4 Fommtlbed: Right { Deleted: No Remedy he the - { Deleted: Disclosure of Deleted: is not prohibited by Broom Act itself (Government Code §§ 54950- 54962). i Formatted: Centered Formes Left, Bulleted + Level: 1 + Aligned at: 0.25" + Tab after: 0" + Indent at: 0.5' Deleted: 4011 however to Disclose I•formati l 1 California Attorney General has held it is imam for information received during a closed session to be publicly disclosed without authorizttion of the city w.mcil. (76 Ops. Cal Atty.Jen. 259, 290 (1993).) ] ▪ Any current public officer or employee who willfully and knowingly discloses for pecuniary gain, to any other person, confidential information acquired by him or her in the course of his or her official duties, or uses any such information for the purpose of pecuniary gain, is guilty of a misdemeanor. (Government Code § 1098.) • Every willful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision is made for the punishment of such delinquency, is punishable as a misdemeanor. (Government Code §1222: Adler v. City Council of the City of Culver City (1960) 184 Cal. App. 2d 763, 7 Cal. Rptr. 805.) Deleted: 9 • An accusation in writing against any officer of a district, county, or city, including any member of the governing board of personnel commission of a school district or any humane officer, for willful or corrupt misconduct in office, may be presented by the grand jury of the county for or in which the officer accused is elected or appointed. An accusation may not be presented without the concurrence of at least 12 grand jurors. (Government Code §3060.) Injunction • An injunction may be obtained to prevent future public disclosure of information discussed in closed session. (Government Code §54960; Sacramento Newspaper Guild v. Sacramento County Board of Supervisors (1968) 263 Cal. App. 2d 41, 69 Cal. Rptr. 480.) Censure • Although there is no specific statutory or case authority for censure of a city councilmember, one reported decision (Braun v City of Taft (1984) 154 Cal. App. 3d 332, 201 Cal. Rptr. 654 involved the censure of a councilmember by a city council for release of city documents claimed to be confidential. The court set aside the censure action, finding that the documents released were in fact not confidential. If censure for public release of information discussed in closed session is to be imposed, the city council should have previously adopted clear, unambiguous rules of conduct which specifically authorize censure for such conduct. The individual subject to censure must also have notice and the opportunity to be heard before the censure is imposed. Under the First Amendment, censure is not appropriate for expansion of unpopular views, unless their expression substantially disrupts the council meeting. (Richard v. City of Pasadena (1995) U.S. Dist. Ct. C.D. Cal.) Page 4 of 4 CITY COUNCIL POLICY CITY OF NATIONAL CITY in LE: Unauthorized Disclosure of Information POLICY #113 Revealed in Closed Sessions ADOPTED: March 12,1996 AMENDED/REVISED: Purpose To establish a policy to prevent the unauthorized disclosure of information revealed in closed sessions of the City Council, and to provide remedies in the event of any such unauthorized disclosure. Policy Ri No person present in a closed session shall disclose, outside of +wed 'session, any information revealed in si oh closed session, without the prior orizatton of a majority of the City Council. Any violation of this policy may 1_enforced by one of more of the following actions, as directed by a majority . Coin cil: r+:. 1. Referral to the Office of the DistriceNuwey forrosecution for violation of Government Code Section 109 a 0. 2. Referral to the Office of the District .frAtorney :prosecution for violation of Government Code Section 122. 3. Referral to the Office o u a D t. Attraey for prosecution for violation of Government C. vSection 4. Obtaining'ark. ;mjun tion to prevent further unauthorized disclosure of information reveal_ein a c i.. 'A� � 5. !,the event,* uii 'prized disclosure is committed by a member of the City cil, that ,� be y be censured by a majority vote of the City Council. Prior to `z using- :pure, the member subject to censure must first be provided 10 cale otice of the City Council's intention to impose the censure, and be given an iipiortunity to respond to the proposed censure. sesla+++' .R<. 6. In the event an unauthorized disclosure is committed by a member of the City staff, that staff member may be subject to disciplinary action. This policy shall not prohibit the making of a public report of actions taken in a closed session as required by Government Code Section 54957.1. Related Policy References Policy #104 Page 1 of 3 George H. Eiser, III City Attorney City of National City February 29, 1996 PUBLIC DISCLOSURE OF INFORMATION DISCUSSED IN CLOSED SESSION: POSSIBLE REMEDIES No Remedy in the Brown Act • Disclosure of information discussed in closed session without authorization of the City Council is not prohibited by Brown Act itself (Give :. Code §§ 54950- 54962). S .. Improper to DiscloseJnforniation r= • California Attorney General has held: is imppro er for information received during a closed session to be publicly disclosed'without authorization of the city council. (76 Ops. Cal. Atty. Gen. 289, 290 (993).) City May Not Enact Criminal Ordinance California Attorney' aenfral has that city may not adopt an ordinance making it a misdemeanor for any pion present during a closed session of the city council meeting to publicly disclose ke. substance of any discussion properly held during the session unless;. authorized by the City council. (76 Ops. Cal. Atty. Gen 289 (1993).) Possible State Law Violations �: aP • • A current p" "tic officer or employee who willfully and knowingly discloses for ary gain, any other person, confidential information acquired by him or her in the se o 's or her official duties, or uses any such information for the purpose of perry gain, is guilty of a misdemeanor. (Government Code §1098.) Every willful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision is made for the punishment of such delinquency, is punishable as a misdemeanor. (Government Code § 1222; Adler v. City Council of the City of Culver City (1960) 184 Cal. App. 2d 763, 7 Cal. Rptr. 805.) Page 2 of 3 • An accusation in writing against any officer of a district, county, or city, including any member of the governing board of personnel commission of a school district or any humane officer, for willful or corrupt misconduct in office, may be presented by the grand jury of the county for or in which the officer accused is elected or appointed. An accusation may not be presented without the concurrence of at least 12 grand jurors. (Government Code §3060.) Injunction • An injunction may be obtained to prevent future public disclosure of information discussed in closed session. (Government Code §54960; Sactamento Newspaper Guild v. Sacramento County Board of Supervisors (1968) 2 Ca1. App. 24, 41, 69 Cat Rptr. 480.) Censure • Although there is no specific statutory or case *uthority for censure of a city councilmember, one reported decision (> ),..;34..l , ity of Taft (1 4) 154 Cal. App. 3d 332, 201 Cal. Rptr. 654 involved the censure a comber by a city council for release of city documents claimed to beconfidaitial. The court set aside the censure action, finding that the documents released were M fact not confidential. If censure for public release of information discussed in. closest session is to be imposed, the city council should have previously adopted clear, unambiguous rules of conduct which specifically authorize censure for such *OW. The individual subject to censure must also have notice and the opportunityp be heard before the censure is imposed. Under the First Ame dment,'-e ure , of appropriate for expansion of unpopular views, unless their expression sub'�is.ally disrupts the council meeting. (Richard v. City of Pasas na (k995) U.S. Dist. Ct. C.D. Cal.) r- r. Page 3 of 3 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Grant Review Policy POLICY # 114 ADOPTED: February 13, 2001 AMENDED: Purpose Funds from federal, state, local and private sources are impcyrtant resources that need to be included in the City's financial plan. The following plicyrpvides a framework for City-wide coordination of grant activities among dpp tnents,' and an opportunity to determine the immediate and long term financial, oequences of,aecepting funding. This policy shall cover all departments of City ggitrnmealt. Polio I. The City Manager's Office will act as a clearin.ghttixe for all grant applications. Any City department intending to apply for funding from federal, state, local or private source shall obtain approval from the City Manager's °Mee in advance of the filing of any grant application. This shall be die submitting the' rant Application" form, which is available in the office of the City's depigr ted Grant Coordinator. t:n II. The City Manager's :: ' will review the "Grant Application" form to ensure that proposals are coo_4nated w. the City's existing programs, ensure that administrative, re porting g and dv aii:ion riitrements are' •:: adequately addressed by the requesting department, and evalu the_ iiate ansj long term financial consequences of the ro sal, .�.- , g po T .City �nager s ` may request additional information or presentations frimitequestiiig artncients. III. ?:viewing the deptnnent':.request, the City Manager may, at his/her discretion, decide wlher to approvethe solicitation of outside funding. On a periodic basis, the City Manages,or design*, will inform the City Council of any decisions approving solicitations of outsidefunding. On a case -by -case basis, the City Manager may also choose to refer ind3kidu'al grant funding requests to City Council for consideration. IV. In the event that the grant requires matching funds from the City, and the value of those matching funds exceeds the City Manager's signature authority, Council approval will be required at the time of (or prior to) acceptance of the grant award. V. For those proposals for outside funding which are allowed to go forward, the City Manager shall additionally determine at his/her discretion whether the grant or private funding request is best authored by City Staff or by other sources including professional outside grant writers engaged by the City Manager. If the decision is made to employ Page 1 of 2 TITLE: Grant Review Policy POLICY # 114 ADOPTED: February 13, 2001 AMENDED: outside grant writers, a "Letter of Authorization" will be sent from the City Manager or designee to the outside grant writer so as to begin the grant alication process. The City Manager shall approve all grant applications. VI. Upon notification by a federal, state, local government, or privatt (funding source of a grant award or intent to fund, the City department responsible f administering the grant shall request a resolution approving the acceptance and appropiiati of the funds be prepared and calendared for an upcoming City Council meeting. `The request for resolution shall include documentation of the intent to fund as provided by the funding source. The City Council shall formally approve the acceptance of all grant and private funds. Related Policy References ;..:0..: "Grant Application" and Grant Process Flo chart areavailable from the City's Grant Coordinator Prior Policy Amendme r `8- None ti Page 2 of 2 TITLE: Grant Review Policy POLICY #114 I ADOPTED: February 13, 2001 AMENDED: Purpose Funds from federal, state, local and private sources are important resources that need to be included in the City's financial plan. The following policy provides a framework for City-wide coordination of grant activities among departments, and an opportunity to determine the immediate and long term financial consequences of accepting funding. This policy shall cover all departments of City government. Policy I. The City Manager's Office will act as a clearinghouse for all grant applications. Any City department intending to apply for funding from federal, state, local or private source shall obtain approval from the City Manager's Office in advance of the filing of any grant application. This shall be done by submitting the " pplication" fry which is available in the office of the City's designated Grant Coordinator,. The City Manager's Office will review the "Grant Application" form_ to ensure that proposals are coordinated with the City's existing programs, ensure that administrative, reporting and evaluation requirements are adequately addressed by the requesting department, and evaluate the immediate and long term financial consequences of the proposal. The City Manager's Office may request additional information or presentations from requesting departments. It, After reviewing the department's request, the City Manager may, at his/her discretion, decide whether to approve the solicitation of outside funding On a periodic basis, the City Manager will inform the City Council of any decisions approving solicitations of outside funding. On a case -by -case basis, the City Manager may also cho se to refer individual "Request to Apply for Federal, State, and Local Government Grants or Private Funds" to City Council for consideration. In the event that the grant requires matching funds from the City, and the value of those matching funds exceeds the City Manager's signature authority, Council approval will be required at the time of (orprior to) acceptance of the,grant award. For those proposals for outside funding which are allowed to go forward, the City Manager shall additionally determine at his/her discretion whether the grant or private funding request is best authored by City Staff or by other sources including professional outside grant writers engaged by the City Manager. If the decision is made to employ outside grant writers, a "Letter of Authorization" will be sent from the to the outside grant writer so as to begin the grant application process. The City Manager shall approve all grant applications. Page 1 of 2 .1 Delete& !REVISED Deleted: Regmst Deleted: to Apply for Federal, State, and Local Geyer/maid Bats orPrivate Funds" fo .{ Deleted: rm. Deleted: Request to Apply for Federal, State, and Local Government Grants or Private Fulda"J i Formatted: Not Highlight {_Formatted: Bullets and Numbering Formatted: Not Highlight -{ Formattedt Builds and Numbering { Deleted: City Manager's {or Upon notification by a federal, state, local government, or private funding source of a grant award or intent to fund, the City department responsible for administering the grant shall request a resolution approving the acceptance and appropriation of the funds be prepared and calendared for an upcoming City Council meeting. The request for resolution shall include documentation of the intent to fund as provided by the funding source. The City Council shall formally approve the acceptance of all grant and private funds. Related Policy References "Grant Application" and Grant Process Flowchart are available from Grant Coordinator I Formatted: Bullets and Numbering ,Prior Policy Amendments ' Formatted: Font: Bold, underline None Page 2 of 2 CITY COUNCIL POLICY CITY OF NATIONAL CITY I TITLE: Grant Review Policy POLICY #114 ADOPTED: February 13, 2001 AMENDED/REVISED: P'urvose Funds from federal, state, local and private sources are important resources that need to be included in the City's financial plan. The following policy provides a framework for City-wide coordination of grant activities among departments, and an Opportunity to determine the immediate and long term financial conseq0caues- of accepting funding. This policy OnAll cover all departments of City government. 't., • Policy I. The City Manager's Office will act as a Otoinshoulp for all grant applications. Any City department intending to apply for fundiig front. -federal,' state, local or private source shall obtain approval from the'N,Maruiger's Office in advance of the filing of any grant application. This shall be doh by submitting the "Request to Apply for Federal, State, and Local Government'Grants-* Private Funds" form. ...c:.-, IL The City Manager's Office Will review the "Request to Apply for Federal. State, and Local Government Grams or Private Funds" to ensure that proposals are coordinated „.. . with the City's existing likdgranist, ensure that administrative, reporting and evaluation requirements arc_adequatelY-OdreiSdby the requesting department, and evaluate the immediate and long -term finatiiita consequences of the proposal. The City Manager's .,. Office may--:,4",quest,, addition •• information or presentations from requesting departmcutt •---..„.•'-- --- •_-i:ty:•,-.:-.' 4.. --"c-,.!:"'.-.:-.. M. Aft& reviewiriglpe ciepartinent's request, the City Manager may, at his/her discretion, deci. whether •'. pprOVe the solicitation of outside funding. On a periodic basis, the City , ager w' f'Inform the City Council of any decisions approving solicitations of outsidoOkfling ....- a case -by -case basis, the City Manager may also chose to refer individual *etiiiest to Apply for Federal, State, and Local Government Grants or Private Funds" to City Council for consideration. IV. For those proposals for outside funding which are allowed to go forward, the City Manager shall additionally determine at his/her discretion whether the grant or private funding request is best authored by City Staff or by other sources including professional outside grant writers engaged by the City Manager. If the decision is made to employ outside grant writers, a "Letter of Authorization" will be sent from the City Manager's Office to the outside grant writer so as to begin the grant application process. The City Manager shall approve all grant applications. Page 1 of 2 V Upon notification by a federal, state, local government, or private funding source of a grant award or intent to fund, the City department responsible for administering the grant shall request a resolution approving the acceptance and appropriation of the funds be prepared and calendared for an upcoming City Council meeting. The request for resolution shall include documentation of the intent to fund as provided by the funding source. The City Council shall formally approve the acceptance of all grant and private funds. NON Page 2 of 2 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Donation of Surplus City Property and POLICY #115 Police Dept. Unclaimed Personal Property ADOPTED: June 17, 2003 AMENDED: Purpose To establish a policy for donating surplus City prerty tad Police Department unclaimed personal property to local, non-profit 5001(cQ) Lions, and/or other municipal agencies. Definitions fir= • Municipal Agencies: public/government agencies; foreign or domestic • Local Non -Profit 501(0(3) Orations: As iced. by the IRS: non-profit 501(c)(3) organizations "must be.:orgd and opaated exclusively for exempt purposes set forth in section 501(00(3), and none of its earnings may inure to any private shareholder, . or individuals /in additprk, it may not be an action organization, i ;,it4,41 not attemik to influence legislation as a substantial part of its activititS it May not participate in any campaign activity for or against anizations are -"commonly referred to as charitable beQnsiceired "local", the organization must have a e`ts, and a valid National City Business political cantWes." organizations". phys l:.;mess Lieense. The.:organi7atrortmust be able to show proof of `local' and 'non-profit' ()( - 5;Q 1 c 3) status. • Sutp. City Prop -cry: is defined by Municipal Code 2.42 as "supplies or equipt*t belongii to the City which are no longer used or which have become obsolete'e:rorn otit or which are otherwise of no further use." • Police Depa iuent Unclaimed Personal Property: is defined in Municipal Code Chapter 2.44 as "goods or chattels which are no longer possessed by their lawful owner and for which demand by right has not been asserted by such lawful owner." After a specified retention period, the Police Department may release items for distribution or disposal in accordance with Code. Page 1 of 3 TITLE: Donation of Surplus City Property and POLICY #115 Police Dept. Unclaimed Personal Property ADOPTED: June 17, 2003 AMENDED: • "Request for Donation" form: available from the City's Intranet or the Finance Department/Purchasing Division. This form provides documentation of the agency and donation, and includes a Release of Liability. Police The City Council may authorize the donation of surplus City property, or Police Department unclaimed personal property, to municipal agencies or local, non-profit 501(c)(3) organizations as defined above, consistent with Munical Code section 2.42.040 (B)(4). The City Council may also direct the City Manager to conduct a "donation event" (see below) in the event that multiple agencies are requesting the same items. Surplus City Property: Per Municipal Code Chapter 2.42, surplus City property must first be offered to all City Departments,,,before it can be closed of in any way. Only items with a value of under $1000 may he donated. Police Department Unclaimed,Personal Property: Per Municipal Code Chapter 2.44: "If after the expiration. 'of the applicable retention period, the city manager or his/her authorized designee 4ctermines'any unclaimed property in the possession of the police department is needed for bli&use, such property shall be retained by the city." Once it becomes City property, they may dis of it in accordance to Municipal Code. - Liability Issues: To re Luce liability, tity forces will not be involved in the loading, distribution or delivery o'l' donated" items. The recipient must provide their own labor force, loading equipment and vehicles, and they must pick the item(s) up from wherever it is being stored:,, Tlie recipient must submit a signed "Donation Request" Form which includes a Release ortability. j.` Gift of Public Funds: if the non-profit 501(c)(3) is a local organization, then assisting them will also assist the National City residents they serve, and the donation will benefit the community. Page 2 of 3 TITLE: Donation of Surplus City Property and POLICY #115 Police Dept. Unclaimed Personal Property ADOPTED: June 17, 2003 AMENDED: Procedures Municipal agencies and local, non-profit 501(c)(3) organizations may request donations by submitting the "Request for Donation" form to the Finance Department/Purchasing Division. The Purchasing Division will obtain City Council approval. The Finance Department/Purchasing Division will: • notify the City Council prior to sending anything :Ito anon, to allow them the opportunity to consider donation instead • seek Council approval for all donation requests • develop a lottery system in the event that multiple agencies request item • coordinate the donation process and paperwork • provide details regarding the type of property that is available, upon request • upon approval by the City Council, make the perty available to the requesting agency • verify local, non-profit fit 501(c)(3) ..via physical proof, and website registries such as: www.guidestar.com • confirm valid business license for local non -Profit 5,01(0(3) agencies • ensure completion of a "Request for Ddrtion" form and signatures • document the donation '. • ensure that City property tags, and other sensitive City information (hard drives, etc) have been removed from the:eperty • notify the Finance Department to repave applicable items from the City's Fixed Asset litvcntory~° Related Policy rencc": Municipal Code CWeY.42 Municipal Code Char 2.44 IRS Code 501(c)(3)` Donation Request Forms are available from the Purchasing Division of the Finance Department Prior Policy Amendments April 20, 2004 Page 3 of 3 111 LE: Donation of Surplus City Property and POLICY #115 Police Dept. Unclaimed Personal Property ADOPTED: June 17, 2003 AMENDED, roamed: at evrsrn 4t20104 Purpose To establish a policy for donating surplus City property, and Police Department unclaimed personal property to local, non-profit 501(c)(31 organizations and/or other Deleted: cs' pia municipal agencies. Definitions • Municipal Agencies: public/government agencies. foreign or domestic • Local Non -Profit 501(c)(31 Organizations: As defined by the IRS: non-profit 501(c)(3) organizations "must be organized and operated exclusively for exempt purposes set forth in section 501(0(3), and none of its earnings may inure to any private shareholder or individual. In addi+,ion., it may not be an action organization, i.e., it may not attempt to influence legislation as a substantial part of its activities and it may not participate in any campaign activity for or against political candidates." Organizations are "commonly referred to as charitable organizations". In order to be considered "local", the organization must have a physical address within the City limits, and a valid National City Business License. The organization must be able to show proof of `local' and 'non-profit' 501(c1(3) status. • Surplus City Property: is defined by Municipal Code 2.42 as "supplies or equipment belonging to the City which are no longer used or which have become obsolete or worn out or which are otherwise of no further use." • Police Department Unclaimed Personal Property: is defined in Municipal Code' - Chapter 2.44 as "goods or chattels which axe no longer possessed by their lawful owner and for which demand by right has not been asserted by such lawful owner" After a specified retention period, the Police Department may release items for distribution or disposal in accordance with Code. • "Request for Donation" form: available from the City's Intranet or the Finance Department/Purchasing Division. This form provides documentation of the agency and donation, and includes a Release of Liability. Page 1 of 3 Formatted: Justified TITLE: Donation of Surplus City Property and POLICY #115 Police Dept. Unclaimed Personal Property ADOPTED: June 17, 2003 AMENDED: Policy The City Council may authorize the donation of surplus City property, or Police Department unclaimed personal property, to municipal agencies or local, non-profit 501(c)(3) organizations as defined above, consistent with Municipal Code section 2.42.040 (B)(4). The City Council may also direct the City Manager to conduct a "donation event" (see below) in the event that multiple agencies are requesting the same items. Surplus City Property Per Municipal Code Chapter 2.42, surplus City property must flat be offered to all City Departments, before it can be disposed of in any way. Only items with a value of under $1000 may be donated. ,Police Department Unclaimed Personal Property: Per Municipal Code Chapter 2.44: "If after the expiration of the applicable retention period, the city manager or his/her authorized designee determines any unclaimed property in the possession of the police department is needed for public use, such property shall be retained by the city." Once it becomes City property. the City may dispose of it in accordance to Municipal Code Liability Issues: To reduce liability, City forces will not be involved in the loadin t distribution or delivery of donated items. The recipient must provide their own labor force, loading equipmentand vehicles, and they must pick the items up from wherever it is being stored. The recipient must submit a signed "Donation Request" Form which includes a Release of Liability. I Deleted: Agencies requesting donations must be local, non-profit, `501C3' organizations, as defined on the 'Request for Donation' Form, The 'Request for Donation' form provides legal definitions and release of tiability.I Gift of Public Funds: if_the non:profit 501 e 3 is a local organization then assistin ° ' a least determination has bet nn them will also assist the National City residents r, they serve, and that the donation will - -_. - s Deleted: davit; — benefit the community. Procedures Municipal agencies and local, non-profit 501(c}(3) organizations may request donations by submitting the "Request for Donation" form to the Finance Department/Purchasing Division. The Purchasing Division will obtain City Council approval. Page 2 of 3 TITLE: Donation of Surplus City Property and POLICY #115 Police Dept. Unclaimed Personal Property ADOPTED: June 17, 2003 AMENDED: The Finance DepartmentlPurchasing Division will: • notify the City Council prior to sending anything to auction, to allow them the opportunity to consider donation instead • seek Council approval for all donation requests • develop a lottery system in the event that multiple agencies request the same item • coordinate the donation process and paperwork • upon request will provide details regarding the type of property that is available • upon approval by the City Council, will make the property available to the requesting agency • verify local, non-profit 501(c)(3) status via physical proof, and website registries such as: www.guidestar.com • confirm valid business license for local non-profit 501(cX3) agencies • ensure completion of a "Request for Donation" form and signatures • document the donation • ensure that City property tags, and other sensitive City information (hard drives, etc) have been removed from the property • notify the Finance Department to remove applicable items from the City's Fixed Asset Inventory. Related Policy References Municipal Code 2.42 Municipal Code 2.44 Prior Policy Amendments April 2004, Page 3 of 3 - Deleted: Forms are mailable in the purchasing Department. Deleted: The Purchasing Department will: notify all local, win -profit `50lC3• agencies by mail, when property is available; coordinate datesitimes; verify agency qualifications; coordinate and record the donation process; and contact the auctioneer to pick up remaining items, as described on the Request for Donation Form under' Internal lluecss'. Purchasing will provide a annmary 'twit to Council members and the City Manager totter each dommon procesa.¶ I Procedures outlined on the 'Request far Donation` form maybe subject to periodic review, ¶ I Deleted: None CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Donation of Surplus City Property and POLICY #115 Police Dept. Unclaimed Personal Property ADOPTED: June 17, 2003 AMENDED/REVISED: 4/20/04 Purpose To establish a policy for donating surplus City property 21nd. _;I olice Department unclaimed personal property to local, non-profit '501C3' agencies. i' Policy qg Y s Agencies requesting donations must be local, rio .profit, ' C3' - ganizations, as defined on the `Request for Donation' Form. The `Request foronation' form provides legal definitions and release of liability. ? ,., Forms are available in the Purchasing I "even_. The Purchasing Department will: notify all 10 , non rofit `5O1C3' agencies by mail, when property is available; . coordina '. , dat ts; verify agency qualifications; coordinate and record th donation proe. a contact the auctioneer to pick up remaining items, as de d on the Request for Donation Form under `Internal Process'. Purchasing will provide iiiiptplimity:re kt i Council members and the City Manager after each donation -loess. Procedures otitis[ on : the 'Reqst for Donation' form may be subject to periodic review. Rela '::' hey kefences None a.. Page 1 of 9 REQUEST FOR DONATION FORM Local, non -Profit `501C3' organizations may request donations of surplus City property or Police Department unclaimed property in accordance with Council Policy ##115, and requirements of this form. Requirements: The non-profit orsaniaation must be able to provide: • proof of official non-profit `501C3' status (see back). • proof of a current National City Business License (see back). • proof of physical location/address within National City's city limits (see back). • their own vehicles and labor to claim the items (see back). • this form, complete and legible, with above documents attached. Surplus/Unclaimed Property Disclaimer: City property is usually declared `surplus' when it's broken, damaged, too cosy to repair, or no longer needed by the City. Unclaimed property may contain items of varionis criptions and;: quality. Availability, quality and functionality of any of these items cannot be, and is not, weed. Return Policy: All donations are final. The City cannot accept return of unwanted items Requestor (please print): Organization Name: Address: . Nations City, CA.91950 s.. Contact Name/Requestor: Phone: ( ) Email Address: Items you are interested in obtaining: Desks Chairs Bookcases Computer Equip Other: Please specify: Verification J Authorization (see baelc): Registered on GuideStar: r_ s. ' No City Business License: e l+Ik Non -Profit, `501C3' status Yes No Local organization:.: • "..Yes ; No _ Purchasing Depent Aut.orization: Release ofbillitv.'„ The undsign"'ed.,hereby` certifies that he or she is authorized to sign this document on behalf of the requesting agency; a d that the requesting agency thereby agrees to indemnify and hold harmless, and at its own ns ; cost and expense, defend the City, its officers, agents and employees from and against any and all liability loss or ex enselto persons orproperty,includin defense costs, legal fees, and claims for damages, arising o f:4.4 or relate,to, the access to or use of City property, including access to City facilities, and viewing, sadOrite,,xerioval, loading/unloading, or eventual use or transfer of donated/surplus/unclaimed property by the -requesting agency and any person using, operating or handling that property. The requesting agency further certifies that no guarantees or representations have been made regarding the donated surplus/unclaimed property requested, and as a condition of its transfer from the City thereby waives any and all claims that it may ever have against the City arising from the use or operation of the donated/surplus/unclaimed property. File Cabinets .. Misc.pffice Equip. K k. PrrrioPprint out attached? ..g: py Attached? Prooflcopy attached? Proof of address attached? Tables Bicycles Yes Yes Yes Yes No No No No Requestor Signature: Date: Purch:H:Forms:Rgst-Don 4/20/04 Page 2 of 9 Definition of 'Non -Profit' Organizations: According to the Tax Code, non-profit organizations are defined as: „Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which Mares to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation (except as otherwise provided in subsection (h)), and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office." Proof to be submitted with this form. Verification of Non -Profit Status: All non-profit `501 C3' agencies requesting a donation of surplus/unclaimed property, must have a National City business license showing them as tax-exempt. Business licenses may be obtained from the City's Finance Department at 1243 National City Blvd., (619)336-4341 or (619)336-4330. Registration with GuideStar, the national database for non-profit organizations (www.gmdestar.org), is also recommended. Proof of GuideStar registry (if available), and a copy of the City's business license must be submitted with this form. Definition of `Local': To be eligible to receive donations of surplus city property, the non-profit organization must have a physical address within the City limits. Proof of local address must be submitted with this form. Availability of Surplus/Unclaimed property: Surplus/Unclaimed property is processed for disposal several times per year depending on storage space limitations. If the surplus property is not needed by any other department within the City, it will be made available for donation. Known local, non-profit `501C3' organizations will be notified by mail when surplus property is available. Questions should be directed to the Purchasing Department (619)336-4570. Use of City Forces Prohibited: The use of City forces or equipment for loading or delivery of donated items is not allowed Recipient must provide their own labor force, loading equipment and transportation vehicles. Recipient must pick merchandise up from the Purchasing Department. Internal Process: • City departments and Council members will be sent a list of available property, and will be given first choice of surplus property items they may need for City use. • Remaining surplus city property and good quality bicycles from the Police Department's Unclaimed Property unit, will be made available for donation. Note: The Police Department will identify good quality bikes from Unclaimed Personal Property, and arrange with Public Works to have them transported to Purchasing for donation/disposal. • Purchasing will notify local, non-profit `501C3' agencies by mail, when surplus property is available. If interested, they can request details from Purchasing regarding dates, times, location, etc. This will give Purchasing an idea of how many agencies may attend the donation `event'. +► Non -Profit agencies must submit required documents (See page 1 of Donation Form regarding Requirements), to the Finance Department/Purchasing Division at 1243 National City Boulevard, National City, Ca. on the announced donation date. Agencies not meeting the stated requirements, will be disqualified. 9 If only one agency wants a particular item, it will be given. If multiple agencies want a particular item, a name will be drawn from a hat. If multiple agencies want more t vm one of a particular item (bikes, computers, etc), the selection process will be conducted in `Round Robin' style. No council members or city staff may select items for another individual or another organisation unless it is a special project that has been approved by the City Council. Page 3 of 9 a Purchasing will submit a summary report to City Manager and Council members after each donation/auction process is complete. • After each donation process is complete, remaining items will be sent to auction or otherwise disposed of in accordance with the Ordinance. • Proceeds from auctions will be deposited in accordance with the City's Municipal Code Page 4 of 9 Report regarding donation of surplus property to local non-profit `501C3" organizations Prepared by: Brenda E. Hodges, C.P.M., Purchasing Agent Council Agenda: May 6, 2003 Background: At the request of the City Manager's office, this report was prepared to address an"jpquiry from Councilman Natividad regarding the possibility of donating surplus property to local non-profit '501C3' organizations. Donations to non -profits are possible, but decisions need to be nades ring: How do we identify non-profit organizations? See" deT.itions' ow What should we donate? See types of surplus property below. `•. How should we donate? See options below, :-... r : , , F' .° , 4. How Do We Identify Non -Profit '50 3' Or zations?,- Non -Profit Organizations Defird: - } '' According to the Tax Code, not -profit organizations are defined as: "Corporations, and any':community chest, fund, or foundation, organized and operated exclusively for religious, Y arita ._ s .iFt®'r'fic, testing for public safety, literary, or educational purposes or to fo national or international amateur sports competition (but only if o parra its aci14kes involve the provision of athletic facilities or equipment), Or 'Tot the•'prevention.of cruelty to children or animals, no part of the net earnings which ' ages ` tc %.fie benefit of any private shareholder or individual, no substa E'al p ?;_%f the activities of which is carrying on propaganda, or otherwise attemr= 'ng, to influence l ieslation (except as otherwise provided in subsection (h)), and which. s es not paripaiein, or intervene in (including the publishing or distributing of statem any po�tical campaign on behalf of (or in opposition to) any candidate for public -: Local: Per the City Attorney, to be eligible to receive donations of surplus city property, the non-profit organization must have a physical address within the City limits. Number of Non -Profit Agencies: According to CiuideStar, a national database of non-profit organizations, there are 88 non- profit organizations identified in the City of National City. Records from our Finance Department show 76 agencies, however their list only includes those organizations with Page 5 of 9 .Ordi business licenses. In cross-referencing the two lists, it was determined that not all listings match. There could be about 100 organizations if both lists were merged. Recommendation: Accept the above definitions for Non -Profit' and 'Local'. Accept both GuideStar and Finance Department lists as identification of non -profits in National City. Require any non-profit organization to obtain a City business license prior to granting them a donation of surplus city property. What Should We Donate? Types of Surplus Property: There are three categories of surplus property that are;handled u B rent ways. • Police Department unclaimed property. y' According to Municipal Code, Chapter 2.44, unclaimed property'must be auctioned and sold to highest bidder, after expiration of the applcable retention period. Current practice is that these items are sent to aua' on locally, with H&M Goodies performing the service. Donating these items would requla_changeeto Ordinance 1673, and Municipal Code Chapter 2.44. Auction proceeds are iositedito the City's Asset Forfeiture Fund, and the amount varies depending on thelype,qbantity and quality of items being sold. Quality of items is typically 'good.1 Sample prices obtained for bikes at auction: \. r. propeit consists of a very random selection of always available. It is recommended that donations 76 bicycles since they are consistently available. ce. $10.00-$50.00. Recommendation: Unclaini merchandise, however`bicycles of unclaimedropert} be limit Change Municipal o - z.-. ,' Vehicles. '} ▪ ▪ ' ,s Accorng to Or ances4673, and Municipal Code Chapter 2.42.040B, and Ordinance 92-20 TAny item th a value exceeding $1000 must be: sold via solicitation of sealed bids in a4eal newspaper, sold via County Cooperative auction, or consigned to a vendor to sell on -Oui-Z alf. Occasionally a `special use' vehicle has been consigned, but typically they are sold at the County Cooperative auction. Donating vehicles would require a change to the referenced Ordinance(s) and Municipal Code. Auction proceeds are deposited into the City's General Fund. Proceeds vary depending on the type, quantity and quality of the vehicles being sold. Quality of items varies per vehicle due to age, high mileage, accident damage, etc. Sample prices obtained at auction: '97 Ford Crown Vic $5000.00 '96 Ford Crown Vic $3750.00-$4500.00 '96 Ford Taurus $2600.00-$4500.00 '94 Olds Achieva Sedan $2750.00 Page 6 of 9 '94 Buick Century Sedan $2900.00 '89 Chevy Pick Up Truck $3100.00 '89 Ford Passenger Van $4000.00 '87 GMC Dump Truck $7000.00 '72 Dodge Water Truck $3500.00 Recommendation: That we do not donate vehicles due to their significant value to the City. Miscellaneous City property. According to Ordinance 1673 and Municipal Code Chapter 2.42.0404 items ° with a value of less than $1000 may be disposed on the open maims without go'i .1 auction. In accordance with Municipal Code Chapter 2.42.03, these items arofirst offered to other City departments, and the remaining items are sold.` These iteins'are`typcally combined with Police Unclaimed Property and sent to H&IVI.4ioodie =.for auction. Auction proceeds are deposited into the City's GeneraWund. Prgeeeds,,vary depending on the type, quantity and quality of items being r .:{ lly4 surplus items are still functional, and are being disposed of mouse i` are no longer needed. Most of the time, the quality of these items is poor. Departments usually declare an item surplus because it's broken or too cost.y torepair ,.:,;Value:' --The last 3 auctions resulted in proceeds of$291.55, $564.80, ad$1446 Sale.piices: Desks: $10.00-$50.00 Computers $10.00-$20.00 Printers: $5.00-$25: Tables: $5.00-$20.0 `- =, Chairs: $ File Cabinet Bookcase: Tires: Tool Boxes: ' 0 00 7.00 Recomtion: ghat we make all miscellaneous city property available for donation. These comittitsilams could benefit non-profit organizations, but their donation will have minimal impact on City's General Fund, due to relatively low value of items. Change Municipal Code and Ordinance how Should We Donate? Past Practice: Neither the Municipal Code, or Ordinance 1673 specifically address the option of donation. In the past, Council has occasionally received requests from other agencies, Page 7 of 9 and authorized donations of the miscellaneous surplus property to Tecate Fire Department, and to the Mayor of Tecate. The donations have been considered a humanitarian effort. Procedure: Purchasing staged the surplus property as usual, offered it to City departments, then provided a list of remaining items to the Mayor. The Mayor confirmed interest in the items (all or nothing), coordinated the date/time of pick up with the recipient and notified Purchasing. Purchasing supervised the removal of items from the warehouse, and notified Finance of any fixed assets that needed to be removed from the City's inventory. Future Options: Respond to Specific Requests As we've done in the past we can continue to respond to specific requests from non-profit organizations, as they come up and as merchandise is available.- '-: - s Recommendation: Requests should be submitted '"to, and approved by, a Council member. If the organization meets the criteria outliid ahoc,- the request can be forwarded to Purchasing for coordination!-- Rurhasing 11 still make sure that City departments have the opportunity to claim the items prior to making them available for donation. y. Solicit Interest If the intent is to donate as much surplus as possible, to as many organizations as possible, then advertisement will be necessary:- Prior to each auction, and ad could beplaced in the local newspaper (approx. cost of ad: $40). Or, Postcards could be: thailed to the non-profit organizations on the list (approx cost $45 for postage, card ''lels). '3r, An applicationlregistrati n system could be set up, and those organizations could be contacted pia postcard .or phone call when the time comes to dispose of the property in which are interest ., 'ems with soliciting interest: If we have too many interested parties, we may have to deal with `first -come -first -served' or develop a lottery system if two organizations want the same item(s). The warehouse is only staffed Tuesday -Thursday, otherwise there is no one available to deal with surplus property. In order to minimize disruption to Purchasing and Warehouse activities, specific days/times may have to be set aside for non-profit agencies to 'come and look' at the items available. Availability of Surplus Page 8 of 9 Auctions for surplus and unclaimed property are coordinated when several things occur (usually about every 6 months): when we run out of space in the warehouse, when we have sufficient items to make the task worthwhile when the Police Department needs to unload their unclaimed property. Legal Issues: Gift of Public Funds? According to the City Attorney, we don't need to be concerned with the issue of `gift of public funds', if the non-profit organization is located in National City. It can be assumed that assisting the non-profit, will also assist the citizens that they serve, and that the donation will result in a benefit to the community. Liability: A Release of Liability Agreement will need to be drafted by the. y Ai rney's office, to release the City from any liability resulting from the. recipient getting injured on City property while picking the items up, loading/unloading, or frpm use of a defective product (ie: recipient gets hurt when leg ofdona that -falls off).. Use of City Forces: To reduce liability, it is recommended that equipment for loading or delivery of donated labor force, loading equipment and vehicles, where it is currently being stored. •F: • tote do not allow use of City forces or items. Recipient must provide their own and 'they must pick merchandise up from Page 9 of 9 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Procedure for Disclosure of Ex Parte Contacts POLICY #116 I ADOPTED: February 6, 2007 AMENDED: Purpose To establish a procedure, applicable to the City Council. .nd all City boards and commissions, for the disclosure of ex parte contacts, and to require such disclosure as a matter of City policy. Backeround .4 An "ex parte" contact or communication occursivhen. mitr to considering 'a /natter on a , . public meeting agenda, a member or members of the C,iti- Council, or one of the City's boards or commissions, receive information, oral, Wrifteli, or otherwise pertaining to that , ... matter outside the public meeting. -, -%, -........... In making certain types of decisions, tYtidaily dealing with aii,taidividual or an applicant for a permit, and applying rules or laws to a 4icifie set of facts, the decision -making body is said to be acting in a "quasi-011al" dapty, i.e., similarly to a court. Examples of quasi-judieral proeedings are applicationt- for conditional use permits and variances, and persolinel disci .matters. ,. In quasi-judicial proceeLi js requires that the decision -maker be impartial and without *ats.:,)),persoilliint ereiroiftiolvement in the outcome of such a matter or with and idiich'is„ 'Unrelated to the merits, requires disqualification of the deciki*maker. As ei.41es, afikilatt courts have found impermissible bias on the part of City 'e0iiincilmembers in3tte folyWing cases: Mennig v. City Council of the City of Culver Cit(Oty council ecame personally embroiled in controversy over police chiefs termination);r4* v. City Hermosa Beach, (court held that a councilmember's history of personal aniaiieS4 to*. applicants made him "not a disinterested, unbiased decision- - •:., . maker"). Considerations of due process in quasi-judicial proceedings also require that the decision not be made based upon information received outside of the administrative hearing. This concept is often referred to as the prohibition against ex parte contacts. For example, in Safeway Stores v. City of Burlingame, the court held that opponents of a proposed parking district did not receive a fair hearing where members of a city council held conversations with affected property owners outside the hearing and made trips to the area for the express purpose of making determinations of disputed facts. Similarly, in Jeffrey v. City of Salinas, a councilman talked with property owners concerning the Page 1 of 2 TITLE: Procedure for Disclosure of Ex Parte Contacts POLICY #116 ADOPTED: February 6, 2007 AMENDED: advantages of a parking district and made a personal visit to the area. The court concluded that the councilman's vote should not be counted. Fortunately, in the event an ex parte contact occurs, disqualification of the official making the contact can be avoided and "cured" by disclosure of -the -contact at the time of the public hearing. (Jeffrey v. City of Salinas). Therefore,. if an exarte contact occurs, it is of the utmost importance that the contact be disclosed. Policy 1. Members of the City Council and of the City's boards and commissions shall keep a written record of all ex parte contacts, as that term is explained in this Policy. 2. At the time an agenda item is called, an prior to any discussion of the item, any member of the City Council or of a board r convniSsion who has received an ex parte contact pertaining to that item *all disclose the occurrence of that ex parte contact on the..public record. 3. City staff shall endeavor to inform all persons intending to appear before the City Council or any of the City's boards or commissions of this Policy. S :> 4. [y der no cii stances'shall a person make ex parte contacts with a majority of 'the members of City Codi1 or of the City's boards or commissions in order to de : a consensi or a collective concurrence as to an item to be considered anted upon :the City Council, board or commission. Such conduct is violatiii-W the Ra1pfM. Brown Act. Related Policy References None Prior Policy Amendments None Page 2 of 2 TITLE: Procedure for Disclosure of Ex Parte Contacts POLICY #116 ADOPTED: February 6, 2007 AMENDED: Purpose To establish a procedure, applicable to the City Council and all City boards and commissions, for the disclosure of ex parte contacts, and to require such disclosure as a matter of City policy. Backeround An "egg parte" contact nr enmmiinicatinn occurs when,prior to considering a m tter on o public meeting agenda, a member or members of the City Council, or one of the City's boards or commissions, receive information oral, written, or otherwe pertaining to that matter outside the public meeting. In making certain types of decisions, typically dealing with an individual or an applicant for a permit, and applying rules or Jaws to a specific set of facts, the decision -making body is said to be acting in a "quasi-judicial" capacity, i.e., similarly to a court Examples of quasi-judicial proceedings are applications for conditional use permits and variances, and personnel disciplinary matters. In quasi-judicial proceedings, due process requires that the decision -maker be impartial and without bias. A personal interest or involvement in the outcome of such a matter or with any participants, which is unrelated to the merits, requires disqualification of the decision -maker. As examples, appellate courts have found impermissible bias on the part of city councilmembers in the following cases: Mennig v. City Council of the City of Culver City, (city council became personally embroiled in controversy over police chiefs termination); Clark v. City of Hermosa Beach, (court held that a councilmember's history of personal animosity to the applicants made him "not a disinterested, unbiased decision - maker"). Considerations of due process in quasi-judicial proceedings also require that the decision not be made based upon information received outside of the administrative hearing. This concept is often referred to as the prohibition against ex parte contacts. For example, in Safeway Stores v. City of Burlingame, the court held that opponents of a proposed parking district did not receive a fair hearing where members of a city council held conversations with affected property owners outside the hearing and made trips to the area for the express purpose of making determinations of disputed facts. Similarly, in Jeffrey v. City of Salinas, a councilman talked with property owners concerning the advantages of a parking district and made a personal visit to the area. The court concluded that the councilman's vote should not be counted. Fortunately, in the event an ex parte contact occurs, disqualification of the official making the contact can be avoided and "cured" by disclosure of the contact at the time of Page 1 of 2 { Delete& /REVISED the public hearing. (Jeffrey v. City of Salinas). Therefore, if an ex parte contact occurs, it is of the utmost importance that the contact be disclosed. Policy 1. Members of the City Council and of the City's boards and commissions shall keep a written record of all ex parte contacts, as that term is explained in this Policy. 2. At the time an agenda item is called, and prior to any discussion of the item; any member of the City Council or of a board or commission who has received an ex parte contact pertaining to that item shall disclose the occurrence of that ex parte contact on the public record. 3. City staff shall endeavor to inform all persons intending to appear before the City Council or any of the City's boards or commissions of this Policy. 4. Under no circumstances shall a person make ex parte contacts with a majority of the members of the City Council or of the City's boards or commissions in order to develop a consensus or a collective concurrence as to an item to be considered and/or acted upon by the City Council, board or commission. Such conduct is violative of the Ralph M. Brown Act. Related Policy References None -fear Policy Amendments Page 2 of 2 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Procedure for Disclosure of Ex Parte Contacts POLICY #116 ADOPTED: February 6, 2007 AMENDED/REVISED: Pur ose `. To establish a procedure, applicable to the City Council arid': City boards and commissions, for the disclosure of ex parte contacts, and to require Si* disclosure as a matter of City policy. . ; .. Background An "ex parte" contact or communication occurs when, prior tiiiiickisidebut a matter on a public meeting agenda, a member or members of the 'Cty Couh, or one of the City's boards or commissions, receive inforinatioutaining tar ghat nfaXer outside the public meeting. 51. In making certain types of decision* typic.dealin°g with an individual or an applicant for a permit, and applying rules "or laws to a' fict of facts, the decision -making body is said to be acting in a "q ra pacity, i.e., similarly to a court. Examples of quasi judici .pro'Ceedings are4plications for conditional use permits and variances, and personne . cipli matters ; in s p r.s that the decision -maker be impartial In quasi-judicial pmpeed � ; pro requiresparti and without bid: A''Personal iritefektror involvement in the outcome of such a matter or with any participants, inch is u e lated to the merits, requires disqualification of the decision -maker. A *ingest ap ellate courts have found impermissible bias on the part of city,,aun b_ in the following cases: Mennig v City Council of the City of Culvck City, (citsuncil came personally embroiled in. controversy over police chiefs termii aion); Clarrb* City of Hermosa Beach, (court held that a councilmember's history of peritul animus to the applicants made him "not a disinterested, unbiased decision - maker"). °'.,. Considerations of due pros in quasi-judicial proceedings also require that the decision not be made based upon information received outside of the administrative hearing. This concept is often referred to as the prohibition against ex parte contacts. For example, in Safeway Stores v. City of Burlingame, the court held that opponents of a proposed parking district did not receive a fair hearing where members of a city council held conversations with affected property owners outside the hearing and made trips to the area for the express purpose of making determinations of disputed facts. Similarly, in Je.,rey v. City of Salinas, a councilman talked with property owners concerning the Page 1 of 2 advantages of a parking district and made a personal visit to the area. The court concluded that the councilman's vote should not be counted. Fortunately, in the event an ex parte contact occurs, disqualification of the official making the contact can be avoided and "cured" by disclosure of the contact at the time of the public hearing. (Jeffrey v. City of Salinas). Therefore, if an ex parte contact occurs, it is of the utmost importance that the contact be disclosed. Policy 1. Members of the City Council and of the City's boards and cq imissions shall keep a written record of all ex parte contacts, as that term is explanin this Policy. 2. At the time an agenda item is called, and prior to any discussion'f-the itia, any member of the City Council or of a board or commi's0Oti, who has received an ex parte contact pertaining to that item shall disclose the-ecurrezce.of That ex parte contact on the public record, ¢• • -ti t ,, 3. City staff shall endeavor to inform all,persons intending to ;appear before the City Council or any of the City's boards or §of thus P=olicy. 4. Under no circumstances shall a persqu.make ex parte contacts with a majority of the members of the City Council or of,City`s'boards or commissions in order to develop a consensus or a collective concurrence as to an item to be considered and/or acted upon by the City Council, board or commission. Such conduct is violative of the Ralph M.``$rown Act. Related Policy ces None' ..-k' . , Ti Page 2 of 2 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Distribution and Reporting of Tickets and POLICY #117 Passes Distributed to, or at the behest of, a City Official ADOPTED: April 19, 2011 AMENDED: Background The City strives to provide impartial and high quality sen is s to its residents, businesses and visitors. The receipt by City officials of-i•or other items of value can be perceived as attempts to influence City ..+ crab ta. and the City wishes to avoid any appearance of impropriety ot° :avritism. :tiditionally, however, City official attendance at public evens is necessary to eve the goals of governance, both to promote the p ' s of tits. City and to maintain close contact with the residents and interests gro ithit City. Purpose The purpose of this Policy y is to ensitt tickets and ptit,ses provided to and distributed by the City to, or at the behe tCif, a,'Pity official a/furtherance of a governmental and/orpublic fir purpose as r ed-di' Section 18944.1 of Title 2, Division 6 of the Califar la de of Re gvl iris. <3 r This policy is "4= to al ;"applicable prnia Fair Political Practices Commission (FPPC) r A : tio*, : c we ll as the:Political Reform Act. Nothing in this Policy is intended to e: ai i se affect the obligations of City officials, ides the Neal , m Act and its implementing regulations or the City , a iational Ci +o st Code. ty's ;nflict Organza =1; Affected ; r The City of v :*dal City,die Community Development ment Commission of the City of National Cif .' ;(CDC), and the Successor Agency to the Community Development Conuin as the National City Redevelopment Agency (SA). All references within thitPolicy to "City" shall also apply to the CDC and the SA. 1.0 References a. Title 2, Division 6 of the California Code of Regulations, Sections 181000, et seq. California Political Reform Act (Government Code Sections 81000, et seq.) and implementing regulations. (Title 2, Division 6 of the California Code of Regulations). h Page 1 of 7 TITLE: Distribution and Reporting of Tickets and POLICY #117 Passes Distributed to, or at the behest of, a City Official ADOPTED: April 19, 2011 AMENDED: c. National City Conflict of Interest Code. d. Government Code Section 82048 e. California Code of Regulations Sections 18944.1 and 18701. 2.0 Policy fr - 2.1 This Policy applies to tickets and pass-tat`provide a4mission to a facility, event, show, or perfurinance for an enteKtaanment, amusement, recreational, or strn �r•urpose,`°grad are: a. gratuitously provided to the Cilylly an aside source; or b. acquired by the City by purchase; or, c. acquired by the City. scant to the ter _of a contract for use of public property; fcir'gtired by Citybecause the City controls the event. 2.2 This Policy email only apply to the City's distribution of ticketsa'sses to, pr: at the behest., of, a City official. This Policy does not apply o .any . z er item of value provided to the City or any City cial, re 'jf.:7*Otlw,Tteceived gratuitously or for which eon ton vided.` "Nis includes food, beverages or gifts provided.tti a Cit}'-,? .cial at an event that is not included in the fair market valf the tikt. 3.0 Definilitts Unless other;c expressly provided herein, words and terms used in the Policy shall ave the same meaning as in the California Political Reform Act of 1974 (Government Code Sections 81000 et seq., as amended from time to time) and the related FPPC Regulations (Title 2, Division 6 of the California Code of Regulations, Sections 18100 et seq., as amended from time to time). 3.1 "City" or "City of National City" means and includes the City of National City, the Community Development Commission of the City of National City, the Successor Agency to the Community Page 2 of 7 TITLE: Distribution and Reporting of Tickets and POLICY #117 Passes Distributed to, or at the behest of, a City Official ADOPTED: April 19, 2011 AMENDED: Development Commission as the National City Redevelopment Agency (SA) and any other affiliated agency created or activated by the National City City Council, and any commission, committee, board or department thereof. 3.2 "City official" means every member, o , . a , employee, or consultant of the City of National City, asp d kin Government Code 82048 and FPPC Regulation 18701., io mu's't-' .a Statement of Economic Interests. _ �- 3.3 "FPPC" means the California Faifyblitical practices CornComiA404, 3.4 "Immediate Family" means an individt :'sf spouse and dependent children. 3.5 "Policy" means City Polio' " .;governs theution, use and reporting of tickets and pass co by thety. that grate admission privileges to a facili event,`sw, or perfoance for an entertainment, a1m,recrecons, or simils4nrpose. r>- 3.6 "Ticket" means any ticket or 4,0 Gaisru'ons`' ti No Right ' ickets'• The distribution of Tickets pursuant to this policy is a pilege extended by the City and not the right of any n to whi the privilege may from time to time be extended. 4.2 Limi on Transfer of Tickets: Tickets distributed to a City officialXpursuant to this Policy shall not be transferred to any other person, except to members of the City official's immediate family solely for their personal use. 4.3 Prohibition Against Sale of or Receiving Reimbursement for Tickets: No person who receives a Ticket pursuant to this Policy shall sell, receive reimbursement for, or receive any other consideration in exchange for the Ticket. Page 3 of 7 TITLE: Distribution and Reporting of Tickets and POLICY #117 Passes Distributed to, or at the behest of, a City Official ADOPTED: April 19, 2011 AMENDED: 4.4 Implementation of Policy: The City Manager in his/her sole discretion shall have the authority to determine whether the City should accept or decline Tickets offered to the City and to distribute Tickets as he/she deems appropriate, provided such action conforms with this Policy. 4.5 Designation of Agency Head: The Cif: Manaer:,shall be the "Agency Head" for purposes of implenienpig the pro*ions of this Policy. The City Manager shallpromptly report all Tickets distributed pursuant to this Policy to the City Clerk, who shall be responsible for posting disclosure forrx(s) provided by the FPPC on the City's website in compliance with Ppm regulations and Section 6.2 of this Policy. 4.6 No Earmarking of Tickets: '.Ticket gratuitou y`provided to the City by an outside source s.iall be`, earmarked by the original source for distribution to a particularity official, 4.7 Valun of Tics: The City Manager shall determine the face value of I .Ticket distributed by;_thie City pursuant to this Policy. 5.0 Dis = bi io ,of Ficke . 5.1 The distribution of - Ticket(s) to, or at the behest of, a City official acca plishes a governmental and/or public purpose ",. Including, but=tot limited to, any of the following: a. th# pe rmance of a ceremonial role or function by a City ofdqig on behalf of the City at an event. b. The official duties of the City official require his or her attendance at the event. c. Promotion of intergovernmental relations and/or cooperation with other governmental agencies, including but not limited to, attendance at an event with or by elected or appointed public officials from other jurisdictions, their staff members and their guests. Page 4 of 7 TITLE: Distribution and Reporting of Tickets and POLICY #117 Passes Distributed to, or at the behest of, a City Official ADOPTED: April 19, 2011 AMENDED: d. Promotion of City resources and/or facilities available to National City residents. e. f. Promoting, supporting and/or sing appition for programs or services rendered' by charitable and` non-profit organizations benefiting Nat City rents Promotion of business acti "` `� development, ilor g. �' Pm � ari Promotion of City initiated, sponsored or .orted community programs or events. redevelopment within the City. h. Promotion of City tounii , i, i. Increasingypublic awarei ss ,o 'the;at out' recreational, cultural, and edi tional venues and facilities °available to the public within the City. -;:, j. Attracr':rarding f vunteer public service. ,�= .``raging. rewarding significant academic, athletic, or ti pubf'' >service `a<zhievements by National City students, residents or s. '}r5 Attracting-nd retaining City employees. m. mg or rewarding meritorious service by City ees. n. Promoting enhanced City employee performance or morale. o. Recognizing contributions made to the City by City officials who are leaving the City's service. 5.2 When a City official treats the Ticket as income consistent with applicable state and federal income tax laws, the distribution of the Page 5 of 7 TITLE: Distribution and Reporting of Tickets and POLICY #117 Passes Distributed to, or at the behest of, a City Official ADOPTED: April 19, 2011 AMENDED: Ticket to that official shall be disclosed in accordance with Section 6.2 of this Policy. 6.0 Disclosure Requirements 6.1 This policy shall be permanently posted on the prominent fashion. 6.2 Tickets distributed pursuant to this :.Policy shall be disclosed,on a form provided by the FPPC (Form .802), and posted on therCity's website in a prominent fashion within 'thirty (30) days from the date Tickets are received by, or distributed at the behest of, a City official. Form 802 shall remain on the City's website for a minimum of two (2) years from the d it 4-ti posting. The original Form 802 shall be retained in the Offiee of . e-•:City Clerk for a four (4) year period. The disclosure from shlinclude the following information: a. The name of the recipient except that if the recipient is an organization other than the y, the City may post the name, address. description: of -the organization and number of ticket ,. vided to the organization in lieu of posting the names of r . cipient - d. e. f. g. A desertion cif the event; The daof the event; 4-- -face value of the Ticket; The number of Tickets provided to each person. If the Ticket was distributed at the behest of a City official, the name of the City official who made the behest; and A description of the public purpose(s) furthered by the Ticket distribution or, alternatively, that the City official is treating the Ticket as income. Page 6 of 7 TITLE: Distribution and Reporting of Tickets and POLICY #117 Passes Distributed to, or at the behest of, a City Official ADOPTED: April 19, 2011 AMENDED: 6.3 Tickets distributed by the City for which the City receives reimbursement from the City official shall not be subject to the disclosure provisions of Section 6.2 7.0 Exceptions 7.1 A Ticket to a non-profit fundraismgdinner is generally treated as a gift to the individual under FPPC egulation 18946.4. Nis Policy would not apply because the Ti€ 'etis not fnr.admission to an event or facility "for an entertainment, arnitsemelit recreational or similar purpose." The Ticket is reportable on,* official's Statement of Economic Interests. 7.2 Where admission to a luncheon, drier. or reception is not provided by a Ticket, but by invitation thi Policy does not apply. The value of the a.dni on is reportable on the official's Statement of Economic Interes_unless the admission is provided by the City to the ditiiktal who ' :attending the .event as part of his/her official duties, in- . icJi ethe admission is not reportable by the ibdi dal, biltb3 thetit ut FPPC Regulation 18944.2. Related 11 Re fe ren cep See Section`iove Prior Policy Amets none Page 7 of 7 TITLE: Distribution and Reporting of Tickets and POLICY #117 Passes Distributed to. or at the behest of, a City Official ADOPTED: April 19, 2011 AMENDEDIRE.VISED: Background The City strives to provide impartial and high quality services to its residents, businesses and visitors. The receipt by City officials of gifts or other items of value can be perceived as attempts to influence City operations and the City wishes to avoid any appearance of impropriety or favoritism. Additionally, however, City official attendance at public events is necessary to achieve the goals of governance, both to promote the policies of the City and to maintain close contact with the residents and interests groups within the City. "moose The purpose of this Policy is to ensure that tickets and passes provided to and distributed by the City to, or at the behest of, a City official are in furtherance of a governmental and/or public purpose as required under Section 114944.1, of Title 2, Division 6 of the California Code of Regulations. This policy is subject to all applicable California Fair Political Practices Commission (FPPC) regulations, as well as the Political Reform Act. Nothing in this Policy is intended to alter, amend, or otherwise affect the obligations of City officials under the Political Reform Act and its implementing regulations or the City of National City's Conflict of Interest Code. I Formatted Font ce or: Red Deleted: C49ribuis1 I), ate C,Ames! ii, Ci( e IaN;i:,I.. I: in I ail,„1?, Formatted: Font color: Red --(Deleted:1.o ,Organizations Affected . Deleted: l - The City of National City the Community Development Commission of Z'° the City of National City (CDC) ii.gsion as the Nation?). Cit, Redevelopment Agency (SA II references within_this Policy _to "City" _ _ shall also apply to the CDC and the SA 0 References a. Title 2, Division 6 of the California Code of Regulations, Sections 181000, et seq. b. California Political Reform Act (Government Code Sections 81000, et seq.) and implementing regulations. (Title 2, Division 6 of the California Code of Regulations). Page 1 of 6 Deleted: and Delete& J ----{Formatted: Indent: Left: O ._{ Deleted: 3 J 20 c. National City Conflict of Interest Code. d. Government Code Section 82048 e. California Code of Regulations Sections 18944.1 and 18701. Policy odeted: 4 1 This Policy applies to tickets and passes that provide admission to a . - f owed: 4 facility, event, show, or performance for an entertainment, amusement, recreational, or similar purpose, and .agratuitously provided to the City by an outside source; or b_acquired by the City by purchase; or c. acquired by the City pursuant to the terms of a contract for use of public property; or acquired by City because the City controls the event. _ - -- L Formatted: Indent: Left: 1' 1 Formatted: Bullets and Numbering Formatted: Indent: Left: 1", Hanging: 0.25", No bullets or numbering 222 This Policy shall only apply_ to the City's distribution__ of___________ ___--{Deleted:4 ticketslpasses to, or at the behest of, a City official. This Policy does not apply to any other item of value provided to the City or any City official, regardless of whether received gratuitously or for which consideration is provided. This includes food, beverages or gifts provided to a City official at an event that is not included in the fair market value of the ticket. 13 0 Defmitions . Unless otherwise expressly provided herein, words and terms used in the Policy shall have the same meaning as in the California Political Reform Act of 1974 (Government Code Sections 81000 et seq., as amended from time to time) and the related FPPC Regulations (Title 2; Division 6 of the California Code of Regulations, Sections 18100 et seq., as amended from time to time). Deleted: 5 3 1 "City" or "City _of National City" means and includes the_ City of _ _ -{ Deleted: s National City, the Community Development Commission of the City of National City, the Successor Agency to the Community ikvelopuicnt ,_wssion a ''rational City Red 'op7. ncy (SA) and any other affiliated agency created or activated by the National City City Council, and any commission, committee, board or department thereof. Page 2 of 6 32 "City official" means every member, officer, employee, or 3�3 consultant of the City of National City, as defined in Government Code 82048 and FPPC Regulation 18701, who must file a Statement of Economic Interests. "FPPC" means the California Fair Political Practices Commission. 3�4 "Immediate Family" means an individual's spouse and dependent children. 3,5 "Policy" means City Policy which governs the distribution, use and reporting of tickets and passes controlled by the City, 3,6 "Ticket" means any ticket or pass that grants admissionprivileges to a facility, event, show, or performance for an entertainment, amusement, recreations, or similar purpose. General Provisions - Deleted: 5 Deleted: 5 ) Deleted: 5 --{ Deleted: 5 ) (Deleted: 5 { Deleted: 6 4.1 No Right to Tickets: The distribution of Tickets pursuant to this { Deleted: 6 Policy is a privilege extended by the City and not the right of any person to whom the privilege may from time to time be extended. 42 Limitation on Transfer of Tickets: Tickets distributed to a City official pursuant to this Policy shall not be transferred to any other person, except to members of the City official's immediate family solely for their personal use. 3 Prohibition Against Sale of or Receiving Reimbursement for Tickets: No person who receives a Ticket pursuant to this Policy shall sell, receive reimbursement for, or receive any other consideration in exchange for the Ticket. 4,4 Implementation of Policy: The City Manager in his/her sole discretion shall have the authority to determine whether the City should accept or decline Tickets offered to the City and to distribute Tickets as he/she deems appropriate, provided such action conforms with this Policy. 4,5 Designation of Agency Head: The City Manager shall be the "Agency Head" for purposes of implementing the provisions of this Policy. The City Manager shall promptly report all Tickets distributed pursuant to this Policy to the City Clerk, who shall be responsible for posting disclosure form(s) provided by the FPPC on Page 3 of 6 (Deleted: 6 ) { Deleted: 6 { Deleted: 6 Deleted: 6 the City's website in compliance with FPPC regulations and Section h2 of this Policy. /6 No Earmarking of Tickets: No Ticket gratuitously provided to the City by an outside source shall be earmarked by the original source for distribution to a particular City official. 17 Valuation of Tickets: The City Manager shall determine the face value of all Tickets distributed by the City pursuant to this Policy. ,0 Distribution of Tickets 5.1 The distribution of the Ticket(s) to, or at the behest of, a City ,official accomplishes a governmental and/or _public purpose including, but not limited to, any of the following: a. The performance of a ceremonial role or function by a City official on behalf of the City at an event. b. The official duties of the City official require his or her attendance at the event. c. Promotion of intergovernmental relations and/or cooperation with other governmental agencies, including but not limited to, attendance at an event with or by elected or appointed public officials from other jurisdictions, their staff members and their guests. d. Promotion of City resources and/or facilities available to National City residents. e. Promotion of City initiated, sponsored or supported community programs or events. f. Promoting, supporting and/or showing appreciation for programs or services rendered by charitable and non-profit organizations benefiting National City residents. g• Promotion of business activity, development, and/or redevelopment within the City. h. Promotion of City tourism. Page 4 of 6 Deleted: 8 •{ Deleted: 6 Deleted: 6 Deleted: 7 Formatted: Indent: Left: 0.5", Hanging: 0.42", Space After: 0 pt { Deleted: i. Increasing public awareness of the various recreational, cultural, and educational venues and facilities available to the public within the City. J. Attracting and/or rewarding volunteer public service. k. Encouraging or rewarding significant academic, athletic, or public service achievements by National City students, residents or businesses. 1. Attracting and retaining City employees. m. Recognizing or rewarding meritorious service by City employees. n. Promoting enhanced City employee performance or morale. o. Recognizing contributions made to the City by City officials who are leaving the City's service, 2 When a City official treats the Ticket as income consistent with applicable state and federal income tax laws, the distribution of the Ticket to that official shall be disclosed in accordance with Section ,2 of this Policy. §r0 Disclosure Requirements 41 This policy shall be permanently posted on the City's website in a prominent fashion. 42 Tickets distributed pursuant to this Policy shall be disclosed on a form provided by the FPPC (Form 802), and posted on the City's website in a prominent fashion within thirty (30) days from the date Tickets are received by, or distributed at the behest of, a City official. Form 802 shall remain on the City's website for a minimum of two (2) years from the date of posting. The original Form 802 shall be retained in the Office of the City Clerk for a four (4) year period. The disclosure from shall include the following information: a. The name of the recipient, except that if the recipient is an organization other than the City, the City may post the name, address, description of the organization and number of ticket provided to the organization in lieu of posting the names of each recipient; b. A description of the event; rage 5 of 6 { Deleted: 7 { Deleted: 8 Deleted: 8 -{ Deleted: 8 7© c. The date of the event; d. The face value of the Ticket; e, The number of Tickets provided to each person. f. If the Ticket was distributed at the behest of a City official, the name of the City official who made the behest; and g. A description of the public purpose(s) furthered by the Ticket distribution or, alternatively, that the City official is treating the Ticket as income. Tickets distributed by the City for which the City receives reimbursement from the City official shall not be subject to the disclosure provisions of Section 42 Exceptions Deleted: B Deleted: s Deleted: 9 7,1 A Ticket to a nonprofit fundraising dinner is generally treated as a IDeleted: 9 gift to the individual under FPPC Regulation 18946.4. This Policy would not apply because the Ticket is not for admission to an event or facility "for an entertainment, amusement, recreational or similar purpose." The Ticket is reportable on the official's Statement of Economic Interests, 7.2 Where admission to a luncheon, dinner, or reception is not provided by a Ticket, but by invitation, this Policy does not apply. The value of the admission is reportable on the official's Statement of Economic Interests, unless the admission is provided by the City to the official who is attending the event as part of his/her official duties, in which case the admission is not reportable by the individual, but by the City under FPPC Regulation 18944.2. Related Policy References See Section I0 above Deleted: 9 i Deleted: 3 rya' Forrrrattett Font Bold, Underline nOnB Page 6 of 6 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Distribution and Reporting of Tickets and POLICY #117 Passes Distributed by the Council to City Officials ADOPTED: April 19, 2011 AMENDED/REVISED: 1.0 Purpose The purpose of this Policy is to ensure that tickets and pass provided to and distributed by the City to, or at the behest of, a Cii(yoacial are in:. � furtherance of a governmental and/or public purpose as requiunder' Section 18944.1 of Title 2, Division 6 of thkicalifornia ( of Regulations. This policy is subject to all applicable Californa Fair politicafPractices Commission (FPPC) regulations, as :w ell as the Politii ,-Reform Act. Nothing in this Policy is intended to alter, amend, .ifir otherwise affect the obligations of City officials S`sP the 'Political Reform Act and its implementing regulations off, the ` . of N' kiopal City's Conflict of Interest Code. 2.0 Organizations A. cted. The City of Napo . City` .the Ccimunity Development Commission of the City f Nation'City' (Oki. All references within this Policy to "City" shidl apply to 93C. 3.0 2, I t n 6 of the California Code of Regulations, Sections 181,et. Califo is Political Reform Act (Government Code Sections 81000, and implementing regulations. (Title 2, Division 6 of the California Code of Regulations). c. National City Conflict of inteisi Code. d. Government Code Section 82048 e_ California Code of Regulations Sections 1894.4.1 and 18701. 4.0 Policy Page 1 of 6 4.1 This Policy applies to tickets and passes that provide admission to a facility, event, show, or performance for an entertainment, amusement, recreational, or similar purpose, and are: a. gratuitously provided to the City by an outside source; or b. acquired by the City by purchase; or c. acquired by the City pursuant to the terms of a contract for use of public property; or acquired by City because the City controls the event. 4.2 This Policy shall only apply to the City's dtribution of tickets/passes to, or at the behest of, a City official. Tli olicy does,; not apply to any other item of value provided to the City o,py City; off cial, regardless of whether received gra sly or for hich consideration is provided. This includes fok ;e es or,gfls ... provided to a City official at an event that is not incitided *the fair market value of the ticket. `' 5.0 Definitions Unless otherwise expressly tirovideal(irein, words and terms used in the Policy shall have the same meaning as in the,California Political Reform Act of 1974 (Government Code -Sections 84000 et seq., as amended from time to time) and,ti a related FPPC Regulations (Title 2, Division 6 of the California Code of gulati ns, Sections 18100 et seq., as amended from •time to time) : '• 5.1 `Ci " or;'"City of Ntional City" means and includes the City of Natiorial't City, the "Community Development Commission of the of National City, and any other affiliated agency created or acti`wted b" e National City City Council, and any commission, comaitee,`board or department thereof. 5.2 - ` official" means every member, officer, employee, or consultant of the City of National City, as defined in Government Code 82048 and FPPC Regulation 18701, who must file a Statement of Economic Interests. 5.3 "FPPC" means the California Fair Political Practices Commission. 5.4 "Immediate Family" means an individual's spouse and dependent children. Page 2 of 6 5.5 "Policy" means City Policy which governs the distribution, use and reporting of tickets and passes controlled by the City. 5.6 "Ticket" means any ticket or pass that grants admission privileges to a facility, event, show, or performance for an entertainment, amusement, recreations, or similar purpose. 6.0 General Provisions 6.1 No Right to Tickets: The distribution of Tickets psuant to this Policy is a privilege extended by the City and not''the ht of any, person to whom the privilege may from time to time be exuded. - 6.2 Limitation on Transfer of Tickets: Tickets Ilist4buted to a _city official pursuant to this Policy shall not be transferred toany other person, except to members of the City .ff icial's\nmediate family solely for their personal use. 5.: 6.3 Prohibition Against Sale of or" ecervkflg- ileimbursement for Tickets: No person who removes a Ticket pursuant to this Policy shall sell, receive:,- bursem;ent for,.;. -or receive any other consideration in echange fthe 'Ticket. 6.4 Implementation o`.Policy: Tie City Manager in his/her sole discretion 'shat,ha4,the41..utliolity to determine whether the City should:accept or; decline Tiekets offered to the City and to distribute Tickets-Vie/she deons ,appropriate, provided such action conforms ww this t /icy. ' .5 Design 'on_ of Agency Head: The City Manager shall be the "A`genc�yfor purposes of implementing the provisions of this tiG Policy` The City Manager shall promptly report all Tickets distributed pursuant to this Policy to the City Clerk, who shall be g. :otsible for posting disclosure forms) provided by the FPPC on the City's website in compliance with FPPC regulations and Section 8.2 of this Policy. 6.6 No Earmarking of Tickets: No Ticket gratuitously provided to the City by an outside source shall be earmarked by the original source for distribution to a particular City official. 6.7 Valuation of Tickets: The City Manager shall determine the face value of all Tickets distributed by the City pursuant to this Policy. Page 3 of 6 within the City. J• 7.0 Distribution of Tickets 7.1 The distribution of the Ticket(s) to, or at the behest of, a City official accomplishes a governmental and/or public purpose including, but not limited to, any of the following: a. The performance of a ceremonial role or function by a City official on behalf of the City at an event. b. The official duties of the City official require his or her attendance at the event. c. Promotion of intergovernmental relations and/or boiperation' with other governmental agencies, including but not limited to attendance at an event with or by elected, o appointed "public officials from other jurisdictions, their staff members and their guests. d. Promotion of City resour' . antd/arlacilities available to National City residents. K : a e. f Promotion of City initiate s onso " _.. or supported community .: _.� : P . pp programs or eveh'ts. `-,. . a~ j Promoting,supporting �and/or showing appreciation for programs or vices rendered by charitable and organizationbell ing INI#tional City residents. business activity, ,Tedeveopment within the City. Promtion of City tourism. v '�t V.1 i. Th reasi g public awareness of the various recreational, cultural, an0 educational venues and facilities available to the public non -pro fit development, and/or Attracting and/or rewarding volunteer public service. k. Encouraging or rewarding significant academic, athletic, or public service achievements by National City students, residents or businesses. 1. Attracting and retaining City employees. m. Recognizing or rewarding meritorious service by City employees. Page 4 of 6 n. Promoting enhanced City employee performance or morale. o. Recognizing contributions made to the City by City officials who are leaving the City's service. 7.2 When a City official treats the Ticket as income consistent with applicable state and federal income tax laws, the distribution of the Ticket to that official shall be disclosed in accordance with Section 8.2 of this Policy. .x 8.0 Disclosure Requirements 8.1 This policy shall be permanently posted onthe City's wte in a prominent fashion. `'. ` ;#. ,r`: 8.2 Tickets distributed pursuant to this Pricy shal00:dildebted on a by the FPPC (Form� form provided 802};;:and pos�ekl on r,P City's website in a prominent fashion -within thirtyF(0) dawfrom the date Tickets are received by, off' dis b tted. :it' Ore- ,behest of, a City official. Form 802 shall r;on th 'ity's website for a minimum of two (2) years fron`e ` ' - :.f posed*. "he original Form 802 shall be retained in' he C?fce o ' , City -Clerk for a four (4) year period. The disclosure from *all incie the following information: a. Thee of the recipient, except that if the recipient is an organize other thenliie City, the City may post the name, :dress, ci ,ption of the organization and number of ticket prodded to t>.anization in lieu of posting the names of .� Free ient; 4 4.. . , A`+ription of the event; .,, i ^ c. he date of the event; the face value of the Ticket; e. The number of Tickets provided to each person. f. If the Ticket was distributed at the behest of a City official, the name of the City official who made the behest; and g. A description of the public purpose(s) furthered by the Ticket distribution or, alternatively, that the City official is treating the Ticket as income. Page 5 of 6 8.3 Tickets distributed by the City for which the City receives reimbursement from the City official shall not be subject to the disclosure provisions of Section 8.2 9,0 Exceptions 9.1 A Ticket to a non-profit fundraising dinner is generally treated as a gift to the individual under FPPC Regulation 18946.4. This Policy would not apply because the Ticket is not for admission to an event or facility "for an entertainment, amusement, recreatiMil similar... purpose." The Ticket is reportable on the official's St- a iient of:. Economic Interests. `v r 1t 'E 9.2 Where admission to a luncheon, dinner,or recepkion. s n t provided by a Ticket, but by invitation, this Policy does ndt apply. The value of the admission is reportable on the Qfficial Statement of Economic Interests, unless the admission is provide0 by the City to the official who is attendg: the event as part of his/her official duties, in which case the`tnission is not reportable by the individual, but by the City:under '.PPC Reflation 18944.2. Page 6 of 6